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2020-02-13 Council Agenda Packet
Thursday, February 13, 2020 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Miguel Angel Arias Vice President - Paul Caprioglio 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 Meeting Agenda - Final-revised Regular Meeting February 13, 2020City Council Meeting Agenda - Final-revised 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. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised 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 Page 3 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised cuando se presente ese artículo. 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. Page 4 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised 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 Page 5 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised 9:06 A.M. ROLL CALL Invocation by Fresno Police Chaplain Rodney Lowery Pledge of Allegiance to the Flag APPROVE AGENDA APPROVE MINUTES 1.Approval of the amended Minutes for December 12, 2019. 2.Approval of Minutes for January 30, 2020. ID 20-00195 CEREMONIAL PRESENTATIONS Presentation of the SPCA Pet of the MonthID 20-00176 Sponsors:Councilmember Bredefeld Presentation of Certificates of Recognition honoring Officers Joshua Weskamp and Richard Byrd. ID 20-00208 Sponsors:Councilmember Bredefeld Proclamation of “Black History Month”ID 20-00205 Sponsors:Council President Esparza and Councilmember Arias COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR Actions pertaining to the Veterans Trail from Hayes to Polk Avenues Project - Bid File No. 3630 (Council District 2) 1 Resolution-adopting findings pursuant to CEQA Guidelines Section 15091 and 15093 as required by CEQA Guidelines Section 15096 2 Award a construction contract in the amount of $1,006,790.00 to Avison Construction, Inc. of Madera, California ID 20-001031-A Sponsors:Public Works Department Page 6 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised Actions pertaining to the North Blackstone Avenue Overlay between East Ashlan and East Dakota Avenues - Bid File No. 3694 (Council District 7) 1.Adopt a finding of Categorical Exemption for Environmental Assessment No. P18-03981 per staff’s determination, pursuant to Sections 15301/Class 1, 15302/Class 2, 15303/Class 3, and 15304/Class 4 of the California Environmental Quality Act (CEQA) guidelines 2.Award a construction contract in the amount of $1,782,661 to Avison Construction, Inc. of Madera, California ID 20-001051-B Sponsors:Public Works Department RESOLUTION - Of Intention to Annex the territory known as Assessor’s Parcel Number 403-030-07 as Annexation No. 43 to the City of Fresno Community Facilities District No. 9 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, March 19, 2020, at 10:10 am (southeast corner of East Shepherd and North Chance Avenues) (Council District 6) ID 20-001691-C Sponsors:Public Works Department RESOLUTION - Accepting and Adopting the Fresno Trail Network Expansion Feasibility Plan and the Corridor Recommendations Contained Therein ID 20-001711-D Sponsors:Public Works Department Actions pertaining to the Homeless Housing, Assistance and Prevention program: 1.Approve a proposed Joint Service Plan for the Homeless Housing, Assistance and Prevention program estimated preliminary allocations, which include allocations to the City of Fresno ($6,158,246); County of Fresno ($2,325,640); Fresno Madera Continuum of Care ($2,954,437); and the County of Madera ($411,434) (Attachment A) 2.Approve the City’s grant application for $6,158,246.18 to the California Homeless Coordinating and Financing ID 20-001811-E Page 7 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised Council Sponsors:Mayor's Office Approve the reappointment of Scott Miller to the Fresno Regional Workforce Development Board, the appointment of Mike Karbassi to the Fresno Regional Workforce Development Board and the appointment of Brad Driscoll to the Fire and Police Retirement Board. ID 20-001861-F Sponsors:Mayor's Office ***BILL NO B-1 - (Intro. 1/16/2020) (For adoption) - Amending Section 9-2601 of the Fresno Municipal Code, relating to the use and possession of weapons. (Subject to Mayor’s veto) ID 20-001491-G Sponsors:Office of Mayor & City Manager ***RESOLUTION - Providing for regulations pursuant to Section 9-2601(p) of the Fresno Municipal Code, relating to the use and possession of weapons and security (Subject to veto). ID 20-002161-H Sponsors:Councilmember Arias RESOLUTION - Declaring Pride Park (APN 467-29-205T), Belmont/Dewitt (APN 456-030-34T) and 735 H Street (APN 467-040-23ST) to be surplus and directing staff to comply with the Surplus Land Act ID 20-002021-I Sponsors:Office of Mayor & City Manager RESOLUTION - Amending certain designated positions which shall be subject to the Conflict of Interest Code and defining categories of disclosure for such positions ID 20-001721-J Sponsors:Office of the City Clerk ***RESOLUTION - Providing for Honorary Flag Raising and Lighting of City Hall (Subject to Mayor’s Veto) ID 20-002121-K Sponsors:Councilmember Arias and Councilmember Soria Approve the appointment of Steven Bradley to the Bicycle and Pedestrian Advisory Committee ID 20-001831-L Page 8 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised Sponsors:Councilmember Bredefeld ***RESOLUTION - 8th Amendment to the Position Authorization Resolution (PAR) No. 2019-134 adding two (2) positions to the Planning and Development Department, effective March 1, 2020 (Subject to Mayor’s Veto). ID 20-001771-M Sponsors:Planning and Development Department Approve a Second Amendment to the Consultant Services Agreement with Dennis R. Keller - James H. Wegley Consulting Engineers, to extend the Agreement from December 31, 2019, to May 31, 2020, for the Upper San Joaquin River and Friant Kern Canal 5-Year Sanitary Survey Update, with no change to the previously authorized contract amount of $55,385 (Citywide) ID 20-001781-N Sponsors:Department of Public Utilities Approve the Third Amendment to the Professional Consultant Services Agreement with Provost & Pritchard Engineering Group, Inc., to extend the Agreement from December 30, 2019, to June 30, 2020, to provide continued engineering support during construction of the Recycled Water Transmission Main along Madison Avenue, Valentine Avenue, Whitesbridge Avenue, and Brawley Avenue, with no change to the previously authorized contract amount of $438,744 (Council District 3 and Fresno County). ID 20-001821-O Sponsors:Department of Public Utilities Actions pertaining to the 2019 Body-Worn Camera grant program, herein referred to as the BWC grant 1.Authorize the Chief of Police to accept $90,000 in grant funding for the BWC 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.***RESOLUTION - Adopt the 28th amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 ID 20-001791-P Page 9 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised appropriating $90,000 for the Police Department’s Body-Worn Camera grant program (requires five affirmative votes) (subject to Mayor’s veto). Sponsors:Police Department Actions pertaining to the 556th Amendment to the Master Fee Schedule: 1.Adopt a finding of statutory exemption pursuant to CEQA Guidelines Section 15273(a) for amendments to Code Enforcement fees. 2.***RESOLUTION - 556th amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to add, adjust, revise, or delete various fees for Code Enforcement. (Subject to Mayor’s Veto) ID 20-002101-Q Sponsors:City Attorney's Office and Code Enforcement Division CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:00 A.M. HEARING to consider Plan Amendment Application No. P18-03290, Rezone Application No. P18-03290, Development Agreement, and related Environmental Assessment No. P18-3290 filed by Daniel J. Zoldak of Lars Andersen & Associates on behalf of Sylvesta Hall of 2500 MLK, LLC, which proposes to re-designate ±89.68 acres of existing land, previously analyzed under approved Plan Amendment Application No. A-17-007. The proposed development is entitled “West Creek Village Mixed-Use Project.” (Council District 3) 1.ADOPT an addendum to the previously adopted Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-007/R-17-010/ANX- 17-005/TPM, dated August 2, 2017. 2.RESOLUTION - Approving Plan Amendment Application No. P18-03290 proposing to amend the Fresno General Plan and the Southwest Fresno Specific ID 20-00184 Page 10 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised Plan to the following designations on the subject parcel: Community Park for 9.51 acres, College for 6.48 acres, Medium Density for 50.18 acres, Regional Commercial for 21.08 acres, and Community Commercial for 2.43 acres to Medium Density Residential for 26.58 acres, Medium High Density Residential for 21.32 acres, Community Park for 11.74 acres, Community Commercial for 3.08 acres, and Regional Commercial for 26.96. 3.BILL - (For introduction and adoption) - Approving Rezone Application No. P18-03290 proposing to amend the Official Zone Map to rezone the subject property as follows: from 50.18-acres of RS-5 (Residential Single-Family), 21.08-acres of CR (Regional Commercial), 6.48-acres of PI (Public & Institutional), 2.43-acres of CC (Community Commercial), and 9.51-acres of PR (Park and Recreation) to 26.58-acres to RS-5 (Residential Single-Family), 21.32-acres to RM-1 (Residential Multi-Family), 3.08-acres to CC (Community Commercial), 11.74-acres to PR (Park and Recreation), and 26.96 -acres to CR (Regional Commercial). 4.BILL - (For introduction) - Approving a Development Agreement between the City of Fresno and 2500 MLK LLC, pertaining to future development of real property situated on the northwest corner of East Jensen Avenue and South Martin Luther King, Jr., Boulevard. Sponsors:Planning and Development Department 10:15 A.M. Appearance by Jason D. Poulter to discuss the safety in the area where he resides (Speaker resides in District 7) ID 20-00174 10:30 A.M. Actions Pertaining to the FY 2020 Budget Update 1. ***RESOLUTION - 14th amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 to appropriate $6,603,400 for operating programs and capital improvement projects citywide and reallocate $1,000,000 ID 20-0027 Page 11 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised of existing General Fund appropriations for new operational activities. (Requires 5 affirmative votes) (Subject to Mayor’s veto) Sponsors:Office of Mayor & City Manager and Councilmember Arias 11:00 A.M. Actions pertaining to City Animal Shelter: 1.RESOLUTION - Regarding the development of an animal control and related services facility and findings of consistency with the Master Environmental Impact Report and the City’s General Plan 2.Adopt a finding of Statutory Exemption pursuant to CEQA Guidelines Section 15183 3.Approve a purchase and sale agreement with The Gap, Inc., for property located at 3400 Gap Drive, Fresno, CA ID 20-00220 Sponsors:Mayor's Office 11:30 A.M. ***RESOLUTION - Concerning signage at city dog parks to encourage owners to spay or neuter dogs in support of planned no kill animal shelter (subject to veto). ID 20-00221 Sponsors:Councilmember Bredefeld 1:30 P.M. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 456-030-34T Negotiating Parties: City Manager Wilma Quan, Mohamad A. Annan Under Negotiation: Price and terms of payment ID 20-00188 Sponsors:Office of Mayor & City Manager CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Case Name: Diana Jouroyan (Gregory, dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board ID 20-00196 Page 12 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised Case No. ADJ10002177 (Police Department) Sponsors:Personnel Services Department CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Temujin Bustos v. City of Fresno, et al.; United States District Court No.: 1:20-CV-00066 (Police Department). ID 20-00206 Sponsors:City Attorney's Office CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION - Government Code Section 54956.9 subdivision (d)(2): 1. Significant Exposure to Litigation: San Joaquin Valley Air Pollution Control District v. City of Fresno (Department of Public Utilities) ID 20-00218 Sponsors:City Attorney's Office 3. GENERAL ADMINISTRATION Workshop concerning: a. Six month report and discussion on progress of code enforcement, including ASET report, per Council direction. b. Consider and provide direction to return concerning abatement contract or bringing abatement services in house. ID 20-002113-A Sponsors:City Attorney's Office and Code Enforcement Division 4. CITY COUNCIL PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and Page 13 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS February 27, 2020 10:00 AM #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. 107 (Final Tract Map No. 5434) (northeast corner of North Temperance and East McKinley Avenues) (Council District 4) February 27, 2020 10:00 AM #2 - 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. 108 (Final Tract Map No. 6215) (southwest corner of North Hayes and West Gettysburg Avenues) (Council District 1) February 27, 2020 10:05 AM - HEARING on the Copper River Impact Fees. February 27, 2020 10:10 A.M. - HEARING – To consider an amendment to Residential Permit Parking District #10 March 19, 2020 10:00 A.M. #1- HEARING re: vacation for a PUE in Dearing Avenue alignment March 19, 2020 10:00 A.M. #2- HEARING re: vacation of a public street easement for a portion of East Palo Alto Avenue March 19, 2020 10:10 AM - 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. 43 (Assessor’s Parcel Number 403-030-07) (southeast corner of East Shepherd and North Chance Avenues) (Council District 6) Page 14 City of Fresno ***Subject to Mayoral Veto February 13, 2020City Council Meeting Agenda - Final-revised April 9, 2020 10:00 A.M. - HEARING regarding a public street vacation for the NE corner of Shields and Blackstone April 23, 2020 10:00 AM - 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. 44 (corner lot fronting West Herndon and Farrington Avenues) (Council District 2) UPCOMING EMPLOYEE CEREMONIES April 22, 2020 (Wednesday - 2:00 P.M.) – Employee Service Awards May 20, 2020 (Wednesday - 2:00 P.M.) – Employee of the Spring Quarter July 22, 2020 (Wednesday - 2:00 P.M.) - Employee of the Summer Quarter October 21, 2020 (Wednesday - 2:00 P.M.) - Employee of the Fall Quarter November 18, 2020 (Wednesday - 2:00 P.M.) – Employee Service Awards 2019 CITY COUNCIL MEETING SCHEDULE FEBRUARY 20, 2020 - NO MEETING - PRESIDENT'S DAY FEBRUARY 27, 2020 - 9:00 A.M. MEETING MARCH 5, 2020 - 9:00 A.M. MEETING MARCH 12, 2020 - NO MEETING MARCH 19, 2020 - 9:00 A.M. MEETING MARCH 26, 2020 - NO MEETING Page 15 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00195 Agenda Date:2/13/2020 Agenda #: REPORT TO THE CITY COUNCIL February 13, 2020 SUBJECT 1.Approval of the amended Minutes for December 12, 2019. 2.Approval of Minutes for January 30, 2020. BACKGROUND The minutes for December 12, 2019 is amended to update File ID 19-11648 (1-D #1) which was assigned Resolution No. 2019-267 Authorizing the Chief of Police to accept $46,242 in grant funding for the 2019 Off-Highway Vehicle Grant Program. City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ Thursday, December 12, 2019 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov 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 Meeting Minutes - Final Regular Meeting December 12, 2019City Council Meeting Minutes - Final The City Council met in regular session in the Council Chambers, City Hall on the date and time above written. 9:03 A.M. ROLL CALL Vice President Paul Caprioglio President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:7 - Invocation by Scott Mozier, Director of Public Works Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID19-11673 (1-N): Withdraw Michael Ledieff from the District 2 Project Review Committee. File ID19-11677 (5-D) - Conference with Legal Counsel - Potential Litigation - Government Code Section 54956.9 subdivision (d)(2): 1. Lennar Homes v. City of Fresno is removed from the agenda. File ID19-11659 (3-D) re: a proposed $1,420,500 HOME Investment Partnerships Program Agreement with FCTC Senior, LP for the construction of 180 affordable senior rental housing units at the Fancher Creek Master Plan Development site is removed from the agenda. City Clerk Spence announced that there is a Special Meeting at 11 A.M. to consider a resolution to appoint a General Plan Review Committee sponsored by Councilmember Chavez, CouncilmemberKarbassi, Council Vice President Arias and Mayor Brand. Councilmember Chavez stated for the record that the special meeting will be replacing the 10:45 A.M. item on today's agenda. Councilmember Esparza requested to continue items 1-R and 1-S to January 16, 2020. After discussion Council Vice President Arias made a motion to keep item 1-S on the agenda. The motion was seconded by Councilmember Soria. The motion to keep item 1-S on the agenda passed City of Fresno ***Subject to Mayoral Veto Page 2 December 12, 2019City Council Meeting Minutes - Final on a 7-0 vote. Requests were made to move the following items to the January 16, 2020 meeting: 1-Q by Councilmember Soria, 1-J by Councilmember Bredefeld, 3-E and 1-O by Council Vice President Arias. On motion of Councilmember Soria, seconded by President Caprioglio, that the above be approved as amended. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - APPROVE MINUTES ID19-11467 Approval of Minutes for December 5, 2019. On motion of Councilmember Chavez, seconded by Vice President Arias,the above MINUTES were approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - CEREMONIAL PRESENTATIONS The following Ceremonial items were presented: ID19-11481 Proclamation to “Jennifer Phan” - The California State University Trustee Award Winner COUNCILMEMBER REPORTS AND COMMENTS Councilmember Karbassi wished everyone a happy holiday season, Merry Christmas, Happy Hanukkah, Kwanzaa and Hmong New Year. He thanked his colleagues and their staff for helping him get through his partial year. He also thanked Council President Caprioglio for serving as the Council President. Councilmember Karbassi announced that his office is sponsoring a free event in Pinedale, Santa’s Village the North Pole tomorrow from 4-7 pm. There will be crafts, games and train rides and each child will get a free corn dog and picture with Santa while supplies last. Council President Caprioglio thanked the Northeast Police District, they City of Fresno ***Subject to Mayoral Veto Page 3 December 12, 2019City Council Meeting Minutes - Final hosted a Santa’s Village last Friday at Scandinavia Elementary School. He specifically thanked Captain Castro, Lieutenant Hughes, Sergeant Atkinson and all the other officers and volunteers that helped on that day. Council President Caprioglio also thanked the PARCS team, Deputy City Attorney II Papazian from City Attorneys Code Enforcement team, Senior Account Clerk Sanchez and the Public Works Street Team. 1. CONSENT CALENDAR Councilmember Esparza made a motion to table item 1-S to January 16, 2020. The motion was seconded by Councilmember Karbassi. City Manager Quan reiterated that this item is time sensitive and she would like for it to be heard today. The motion carried 7-0. On motion of Councilmember Soria, seconded by Councilmember Chavez, that the below CONSENT CALENDAR item were adopted as amended. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - 1-A ID19-11501 Approve the Chief of Police to enter into an agreement with Peace Officers Research Association of California (PORAC) to reimburse the City of Fresno $351,779 for the two-year cost of one full time police officer elected to serve on the PORAC Board of Directors, effective January 1, 2020 through December 31, 2021 1-B ID19-11503 Authorize the Chief of Police to enter into five separate agreements between the Housing Authority of the City of Fresno, Fresno Edison Apartments I, LP, Fresno Edison Apartments II, LP, Southeast Fresno Rental Assistance Demonstration and Viking Village Rental Assistance Demonstration to provide additional security and protection services for public housing The above item was pulled from Consent Calendar by Council Vice President Arias and moved to the Contested Consent for further discussion. 1-C ID19-11573 1.Authorize the Chief of Police to enter into a Lease Agreement between the City of Fresno and Signature Flight Support Corporation for the continued lease of office and hangar space used by the Fresno Police Department’s Air Support “Skywatch” Unit at the Fresno Yosemite International Airport 1-D ID19-11648 Actions pertaining to the 2019 Off-Highway Vehicle (OHV) Grant Program: City of Fresno ***Subject to Mayoral Veto Page 4 December 12, 2019City Council Meeting Minutes - Final 1.Authorize the Chief of Police to accept $46,242 in grant funding for the 2019 Off-Highway Vehicle grant program awarded to the Fresno Police Department from the State of California Department of Parks and Recreation; 2.Authorize the Chief of Police to execute the agreement and all related documents applicable to the 2019 OHV grant including amendments and extensions; and 3.***RESOLUTION - 20th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 appropriating $46,300 for the Police Department’s OHV grant program (Requires 5 affirmative votes) (Subject to Mayor’s veto). RESOLUTION 2019-267 ADOPTED #1 RESOLUTION 2019-249 ADOPTED #3 1-E ID19-11607 ***BILL NO. B-47 (Intro. 11/14/2019) (- (For adoption) - Amending sections 9- 3307, 9-3308, 9-3309, 9-3310, 9-3311, 9-3312, 9-3313, 9-3314, 9-3316, 9-3317, 9-3318, 9-3319, 9- 3321, 9-3328, 9-3335, and 9-3337 of the Fresno Municipal Code related to Cannabis Retail Business and Commercial Cannabis Business. (Subject to Mayor’s veto) The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-F ID19-11619 Actions related to Lease Agreement of City -owned land at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) (Council District 3): 1.Adopt findings of Categorical Exemptions pursuant to Sections 15301/Class 1, 15304/Class 4, and 15325 /Class 25 of the California Environmental Quality Act (CEQA) Guidelines. 2.Approve a Third Amendment to the Lease and Agreement with Mr . James Cook for 550 acres of City-owned land at the RWRF, deleting APN 327-030-38T to the leasehold, with a revised revenue of $233,770 per year. 3.Approve first one-year extension of the Lease and Agreement for the period of January 2020 to December 2020. 1-G ID19-11629 Actions related to a Standardized Extraterritorial Agreement regarding water and sewer services with customers located outside the City of Fresno (City) limits and within the City ’s Sphere of Influence (SOI) (citywide): 1.Approve the Standardized Extraterritorial Agreement pertaining to water and sewer services within the City’s Sphere of Influence. 2.Authorize the Director of Public Utilities, or designee, to execute all City of Fresno ***Subject to Mayoral Veto Page 5 December 12, 2019City Council Meeting Minutes - Final documents related to the Agreement on behalf of the City of Fresno. 1-H ID19-11657 Actions pertaining to the design of 4,298 linear feet of 66-inch diameter sewer trunk main in North Avenue between Orange Avenue and Golden State Boulevard (Council District 3 and County of Fresno): 1.Award a Consultant Services Agreement to Blair, Church & Flynn Consulting Engineers, in the amount of not to exceed $220,150 2.Authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno 1-I ID19-11624 ***RESOLUTION - Approving the Application for the State of California State Department of Forestry and Fire Protection for Fire Prevention Grant Program at Camp Fresno (Subject to Mayor’s Veto) RESOLUTION 2019-250 ADOPTED 1-J ID19-11627 Approve the reappointments of Edward S. Saliba to the Fresno Madera Area Agency on Aging Board and Paul J. Bauer to the Fresno Regional Workforce Development Board THE ABOVE ITEM IS CONTINUED TO JANUARY 16, 2020 1-K ID19-11683 ***RESOLUTION - Adopting the 23rd Amendment to the Annual Appropriation Resolution No. 2019-133 to Appropriate $25,000.00 as funding support towards the Hmong Cultural New Year Celebration (Requires 5 affirmative votes) (Subject to Mayor’s Veto) RESOLUTION 2019-251 ADOPTED Mitch Herr spoke regarding the Hmong Cultural New Year's Celebration 1-L ID19-11655 Authorize the Director of Planning and Development or designee to sign the Second Amendment to the Consulting Services Agreement with Byrne Software Technologies, Inc ., for professional services for Accela Land Management System Support. The amendment is a request to increase the contract by an additional $100,000 and extend the contract term to June 30, 2020. 1-M ID19-11670 ***BILL NO. B-50 - (Intro. 12/5/2019) (For adoption) - Amending Section 3-252 of Chapter 3, Article 2 of the Fresno Municipal Code relating to Certification and Appointment of Eligibles. (Subject to Mayor’s veto) ORDINANCE 2019-048 ADOPTED 1-N ID19-11673 Approve the appointment of Blake Zante to the District 6 Project Review Implementation Committee - Councilmember Bredefeld; and the City of Fresno ***Subject to Mayoral Veto Page 6 December 12, 2019City Council Meeting Minutes - Final appointments of Robert Lindemann,and Nicholas Westburg to the District 2 Project Review Implementation Committee - Councilmember Karbassi 1-O ID19-11674 ***BILL NO. B-45 (Intro. 11/7/2019) (For adoption) - Adding Section 2-804 to the Fresno Municipal Code relating to Planning Commission composition (Subject to Mayor’s veto) THE ABOVE ITEM IS CONTINUED TO JANUARY 16, 2020 1-P ID19-11626 Approve an Amendment to the subdivision agreement and a bond reduction for Tract Map 5224 Brentwood Ranch and set the new bond amount at $728,000. (Council District 2). 1-Q ID19-11631 Annual Review and Acceptance of the FY 2019 Summary of Impact Fee Waivers THE ABOVE ITEM IS CONTINUED TO JANUARY 16, 2020 1-R ID19-11632 Annual Review and Acceptance of the FY 2019 Impact Fee Annual Report As Required By California Government Code THE ABOVE ITEM IS CONTINUED TO JANUARY 16, 2020 1-S ID19-11688 BILL - (For introduction) - Amending Section 9-2601 of the Fresno Municipal Code, relating to the use and possession of weapons. THE ABOVE ITEM IS CONTINUED TO JANUARY 16, 2020 1-T ID19-11693 Actions pertaining to the City Hall Electrical System Bus Duct and associated repairs: 1.Adopt a finding of Categorical Exemption per staff’s determination, pursuant to Section 15301(b) and 15301(d) of the CEQA Guidelines 2.***RESOLUTION - Declaring an Urgent Necessity for the Preservation of Life, Health, Property, and Authorizing the Purchasing Manager of the Finance Department or Designee to Contract for the Replacement of the City Hall Electrical System Bus Duct and Associated Repairs Without Advertised Competitive Bidding to A-C Electric Company (District 3) (Subject to Mayor’s Veto) (Requires 5 votes) 3.Award a contract to A-C Electric not to exceed $400,000 RESOLUTION 2019-252 ADOPTED 3. GENERAL ADMINISTRATION City of Fresno ***Subject to Mayoral Veto Page 7 December 12, 2019City Council Meeting Minutes - Final 3-C ID19-11665 Actions pertaining to six additional positions at Fresno Yosemite International Airport (FAT) (Council District 4) - Airports Department 1.***RESOLUTION - 13th Amendment to the Annual Appropriations Resolution (AAR) No. 2019-133 appropriating $768,700 to Fresno Yosemite International Airport (Requires 5 affirmative votes) (Subject to Mayor’s veto). 2.***RESOLUTION - 4th Amendment to Position Authorization Resolution (PAR) No. 2019-134, adding six positions to the Airports Department (Subject to Mayor’s veto). The above item was introduced to Council by Director Meikle, Airports Department. Upon call, there was no public comment. Discussion held. RESOLUTION 2019-253 ADOPTED RESOLUTION 2019-254 ADOPTED On motion of President Caprioglio, seconded by Councilmember Soria, that the above Resolutions be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - 3-B ID19-11577 Award a Requirements Contract for Custodial Services at Fresno Police Facilities in the amount of $1,440,204 and for a period of three years to Janitorial, Inc., Bid File No. 9519 The above item was introduced to Council by Chief Hall, Police Department. Upon call, there was no public comment. Discussion held. APPROVED On motion of President Caprioglio, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - 3-A ID19-11647 Actions pertaining to the 2019 National Sexual Assault Kit Initiative (SAKI) City of Fresno ***Subject to Mayoral Veto Page 8 December 12, 2019City Council Meeting Minutes - Final grant program, herein referred to as the SAKI grant 1.Authorize the Mayor or his designee to accept $1,000,000 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 Mayor or his designee to enter into a Memorandum of Understanding (MOU) with Fresno County District Attorney ’s Office for a full time Deputy District Attorney throughout the three year grant performance period totaling $551,001 3.***RESOLUTION - 19th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 appropriating $264,500 for the Police Department’s SAKI grant (requires five affirmative votes ) (subject to Mayor’s veto) 4.***RESOLUTION - 5th Amendment to Position Authorization Resolution No. 2019-134, adding one Police Officer position to the Fresno Police Department (subject to Mayor’s veto) There was no introduction to Council. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-255 ADOPTED RESOLUTION 2019-256 ADOPTED On motion of Councilmember Esparza, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - 3-F ID19-11685 ***RESOLUTION - 16th amendment to the Annual Appropriation Resolution No. 2019-133 to appropriate $8,160,000 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. Councilmember Karbassi left the Chambers at 9:43 A.M. Discussion held. RESOLUTION 2019-257 ADOPTED City of Fresno ***Subject to Mayoral Veto Page 9 December 12, 2019City Council Meeting Minutes - Final On motion of Vice President Arias, seconded by Councilmember Karbassi, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Chavez, Bredefeld and Esparza6 - Absent:Karbassi1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 9:45 A.M. ID19-11684 Approval of the 2019 Management Agreement between the City of Fresno and ASM Global for the management of the Fresno Convention and Entertainment Center The above item was introduced to Council by Mayor Brand, Mayor's Office. Councilmember Karbassi returned to the meeting. Mayor Brand recommended that the Council extend the existing contract up to one year with all of the existing provisions including catering and concessions. The Mayor would put a committee together to include two councilmembers, the Chamber, the people involved and the vendors. The Mayor felt that the committee could work things out in about 90 days. This would be subject to ASM also concurring. Discussion held. The following members of the public addressed Council: Nathan Ahle, Fresno Chamber of Commerce, Jim Pardini, Jeff Pardini, Victoria Bernhardt, Rusty Rocca, Kristy Montgomery, Ajum Haro, Jason Lawton, Mario Viramontes, David Holland, Jared Medaris, Mariah Walton, Layla Forstedt and Marilyn Scott. Councilmember Karbassi motioned to extend the current contract for up to one year maintaining the existing vendor while the committee figures out what to do in the future. Councilmember Esparza seconded the motion. Council President Caprioglio made a friendly amendment to change the extension from one year to nine months. Councilmember Karbassi accepted City of Fresno ***Subject to Mayoral Veto Page 10 December 12, 2019City Council Meeting Minutes - Final the friendly amendment. Council President Caprioglio also wants to give direction to the council committee to address future events. Councilmember Soria made a competing motion to continue with the current agreement but start the entire process over with the committee and stakeholders and also look at the possibility of bringing this task in house. She stated that we should not just use the nine months to negotiate with ASM, but we should also be looking at other options. Motion dies for lack of second. Discussion continued. Councilmember Karbassi stated that his existing motion would address Councilmember Soria’s concerns. Council Vice President Arias made a friendly amendment to change the timeframe to come back to council in six months instead of nine months. The amendment was accepted by Councilmember Karbassi and Councilmember Esparza. Councilmember Chavez would like to see th audit and have a conversation about subsidies. He also stated for the record that he will not support anything that will negatively impact the local vendors. APPROVED AS AMENDED On motion of Councilmember Karbassi, seconded by Councilmember Esparza, that the above Action Item be approved as amended to extend the current contract for up to six months maintaining the existing vendor while the Committee figures out what to do in the future. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez and Esparza6 - No:Bredefeld1 - 10:00 A.M. ID19-11511 HEARING to consider the vacation of a portion of South Golden State Boulevard, south of San Benito Street, between G Street and F Street (Council District 3) City of Fresno ***Subject to Mayoral Veto Page 11 December 12, 2019City Council Meeting Minutes - Final 1.***RESOLUTION - Ordering the vacation of a portion of South Golden State Boulevard, south of San Benito Street, between G Street and F Street (Subject to Mayor’s Veto) The above item was introduced to Council by Chief Surveyor Camit, Public Works Department. The hearing was called to order at 11:28 A.M. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-258 ADOPTED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - 10:45 A.M. ID19-11678 RESOLUTION - Initiating a comprehensive update to the Fresno General Plan; initiate the amendment of the Woodward Park Community Plan; the Bullard Community Plan (which includes the Pinedale Neighborhood Plan and the Sierra Sky Park Land Use Policy Plan ); the Hoover Community Plan (which includes the El Dorado Park Neighborhood Plan ); the West Area Community Plan; the Fresno High -Roeding Community Plan; the McLane Community Plan; the Downtown Neighborhoods Community Plan; the Edison Community Plan; the Roosevelt Community Plan; the Butler-Willow Specific Plan; the Fresno-Chandler Downtown Airport Master Plan; the Fresno Yosemite International Airport Land Use Compatibility Plan; the Fulton Corridor Specific Plan; the Highway City Neighborhood Plan; the North Avenue Industrial Triangle; the Southwest Fresno Specific Plan; the Tower District Specific Plan; and the Yosemite School Area Specific Plan pursuant to Fresno Municipal Code Section 15-4902-B. The above item was removed from the agenda and will be heard at 11 A.M. during the Special Called Meeting. 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 members addressed Council: Ginger Rainey, John Endar, Brunette Harris, Brian Jefferson, Brian Herman and David Love. SCHEDULED COUNCIL HEARINGS AND MATTERS (CONTINUED) City of Fresno ***Subject to Mayoral Veto Page 12 December 12, 2019City Council Meeting Minutes - Final 10:15 .A.M. ID19-11656 HEARING to Consider Environmental Assessment P 19-02033; Plan Amendment & Rezone Application No. P19-02030; Development Permit Application No. P19-02033; and, related Environmental Assessment No . P19-02033, pertaining to ±11.8 acres of property located at 4259 West Bullard Avenue; filed by Bryan Sassano on behalf of Spencer Enterprises, Inc., pertaining to approximately 11.8 acres of property near the southeast corner of West Bullard Avenue and North Figarden Drive (Council District 2). 1.ADOPT CEQA Environmental Assessment No. P19-02033, a Mitigated Negative Declaration dated November 13, 2019. 2.RESOLUTION - Approving Plan Amendment Application No. P19- 02030 proposing to amend the Fresno General Plan and Bullard Community Plan to change the planned land use designation for the ±11.8 acre subject property from the Commercial - Community planned and use to the Residential - Urban Neighborhood (16-30 du/acre) planned land use. 3.BILL - (For introduction and adoption) - Approving Rezone Application No. P19-02030 proposing to amend the official Zoning Map of the City of Fresno to reclassify the ±11.8 acre subject property from the CC/UGM/cz (Commercial - Community/Urban Growth Management/conditions of zoning) zone district to the RM - 2/UGM (Residential - Urban Neighborhood/Urban Growth Management/conditions of zoning) zone district. 4.APPROVE - Development Permit Application No. P19-02033 which proposes the construction of 192 market rate multi-family dwelling units on the ±11.8 acre subject property at a density of ± 16.27 du/acre. The above item was introduced to Council by Planner II George, Planning and Development Department. Upon call, the following member of the public addressed Council: Bill Robinson. There was no Council discussion. RESOLUTION 2019-259 ADOPTED BILL NO. 52/ORDINANCE 2019-049 ADOPTED On motion of Councilmember Karbassi, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - City of Fresno ***Subject to Mayoral Veto Page 13 December 12, 2019City Council Meeting Minutes - Final 10:20 A.M. ID19-11563 Actions pertaining to the 554th Amendment to the Master Fee Schedule: 1.Adopt a finding of statutory exemption pursuant to CEQA Guidelines Section 15273(a) for amendments to fees pertaining to: (1) Public Utilities - (a) Solid Waste, (b) Waste Water, and (c) Water Division; (2) PARCS; (3) Parking Division - (a) Event Parking; (4) Police; (5) Public Works. 2.***RESOLUTION - 554th Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto) The item above was introduced to Council by Budget Manager Fierro, Budget Office. Upon call, there was no public comment. Discussion held. On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be continued to January 16, 2020. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza 7 - GENERAL ADMINISTRATION (CONTINUED) 3-G ID19-11625 Actions pertaining to Traffic Signal Improvements at North Gates and West San Jose Avenues - Bid File 3705 (Council District 2) 1.Adopt a finding of Categorical Exemption for Environmental Assessment No. P19-00261 per staff’s determination, pursuant to Section 15301/Class 1 and Section 15303/Class 3 of the State of California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract in the amount of $532,550 to A-C Electric Company of Fresno, CA, as the lowest responsive and responsible bidder for the Traffic Signal Improvements at North Gates and West San Jose Avenues The above item was introduced to Council by Director Mozier, Public Works. Upon call, there was no public comment and no Council discussion. Councilmember Bredefeld and Councilmember Soria left the meeting. APPROVED On motion of Councilmember Karbassi, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 14 December 12, 2019City Council Meeting Minutes - Final Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Karbassi, Chavez and Esparza5 - Absent:Soria and Bredefeld2 - SCHEDULED COUNCIL HEARINGS AND MATTERS (CONTINUED) 10:10 A.M. ID19-11578 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) 1.***RESOLUTION - Annexing Territory to Community Facilities District No. 9 and Authorizing the Levy of a Special Tax (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. 9, Annexation No. 42 (Subject to Mayor’s Veto) The above item was introduced to Council by Assistant Director Beneli, Public Works Department. The hearing was called to order at 11:57AM. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-260 ADOPTED RESOLUTION 2019-261 ADOPTED RESOLUTION 2019-262 ADOPTED BILL NO. 53/ORDINANCE 2019-050 ADOPTED On motion of Councilmember Karbassi, seconded by Vice President Arias, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Karbassi, Chavez and Esparza5 - Absent:Soria and Bredefeld2 - City of Fresno ***Subject to Mayoral Veto Page 15 December 12, 2019City Council Meeting Minutes - Final GENERAL ADMINISTRATION (CONTINUED) 3-K ID19-11652 Actions pertaining to grant applications to the San Joaquin Valley Air Pollution Control District and the California Electric Vehicle Implementation Project (Citywide): 1.Authorize the Public Works Director, or designee, to execute the application, agreement, amendments and all related documents applicable to the grants for San Joaquin Valley Air Pollution Control District (SJVAPCD) and the California Electric Vehicle Implementation Project (CALEVIP) 2.***RESOLUTION - Authorizing the submittal of a grant application to the SJVAPCD and the CALEVIP and acceptance of grant funds . (Subject to Mayor’s veto) The above item was introduced to Council by Division Manager Kloose, Public Works Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2019-263 ADOPTED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Karbassi, Chavez and Esparza5 - Absent:Soria and Bredefeld2 - 4. CITY COUNCIL 4-B 19-11690 Approve the 2020 City Council Meeting schedule The above item was introduced to Council by Council Vice President Arias, District 3. Upon call, there was no public comment. Discussion held. Council President Caprioglio made a friendly amendment to remove the July 30, 2020 meeting from the schedule. The friendly amendment was accepted by Council Vice President Arias and Councilmember Esparza. ADOPTED AS AMENDED On motion of Vice President Arias, seconded by Councilmember City of Fresno ***Subject to Mayoral Veto Page 16 December 12, 2019City Council Meeting Minutes - Final Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Karbassi, Chavez and Esparza5 - Absent:Soria and Bredefeld2 - 3. GENERAL ADMINISTRATION (CONTINUED) 3-D ID19-11659 Approve a $1,420,500 HOME Investment Partnerships Program Agreement with FCTC Senior, LP for the construction of 180 affordable senior rental housing units at the Fancher Creek Master Plan Development site located at Marion Avenue and Fancher Creek Drive in southeast Fresno. (District 5) THIS ITEM WAS REMOVED FROM THE AGENDA. 3-H ID19-11628 Approve a Ninth Amendment to Reimbursement Agreement No. HSR 11-29 with the California High Speed Rail Authority (CHSRA), for the purposes of extending the contract end date by 36 months to December 31, 2022, and increasing the agreement amount by $508,000 for a total of $1,929,000 (Council Districts 1, 2, & 3). The above item was introduced to Council by Deputy City Engineer Avitia, Public Works Department. Upon call, there was no public comment and no Council discussion. APPROVED On motion of Vice President Arias, seconded by Councilmember Esparza, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Karbassi, Chavez and Esparza5 - Absent:Soria and Bredefeld2 - 3-I ID19-11630 Actions Pertaining to Acceptance of Subdivision Improvements: 1.BILL - (For Introduction) - Adding Subsection U to Section 3804 of Chapter 15 of the Fresno Municipal Code relating to the deferral of certain sidewalk construction, driveway approaches and street trees in subdivisions until prior to occupancy of single family homes. The above item was introduced to Council by Assistant Director Benelli, Public Works Department. Councilmember Karbassi stated for the record that he supports the item as City of Fresno ***Subject to Mayoral Veto Page 17 December 12, 2019City Council Meeting Minutes - Final presented. Discussion held. On motion of Councilmember Chavez, seconded by Vice President Arias, that the above Action Item be continued January 16, 2020. The motion carried by the following vote: Aye:Caprioglio, Arias, Chavez and Esparza4 - No:Karbassi1 - Absent:Soria and Bredefeld2 - City Council recessed for lunch at 12:17 P.M. and returned from lunch at 1:31 P.M. 11:00 A.M. SPECIAL MEETING Please see separate meeting minutes for the Special Meeting. Councilmember Bredefeld and Councilmember Soria returned to the meeting at 1:31 P.M. 1:30 P.M. CONTESTED CONSENT CALENDAR 1-B ID19-11503 Authorize the Chief of Police to enter into five separate agreements between the Housing Authority of the City of Fresno, Fresno Edison Apartments I, LP, Fresno Edison Apartments II, LP, Southeast Fresno Rental Assistance Demonstration and Viking Village Rental Assistance Demonstration to provide additional security and protection services for public housing The above item was introduced to Council by Deputy Police Chief Reid, Police Department. Discussion held. Council President Caprioglio left the meeting. APPROVED On motion of Vice President Arias, seconded by Councilmember Karbassi, that the above Action Item be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 18 December 12, 2019City Council Meeting Minutes - Final Aye:Arias, Soria, Karbassi, Chavez and Esparza5 - Absent:Caprioglio1 - Recused:Bredefeld1 - 1-E ID19-11607 ***BILL NO. B-47 (Intro. 11/14/2019) (- (For adoption) - Amending sections 9- 3307, 9-3308, 9-3309, 9-3310, 9-3311, 9-3312, 9-3313, 9-3314, 9-3316, 9-3317, 9-3318, 9-3319, 9- 3321, 9-3328, 9-3335, and 9-3337 of the Fresno Municipal Code related to Cannabis Retail Business and Commercial Cannabis Business. (Subject to Mayor’s veto) Council President Caprioglio returned to the meeting. The above item was introduced to Council by Councilmember Bredefeld, District 6. Discussion held. ORDINANCE 2019-051 ADOPTED On motion of Councilmember Esparza, seconded by Vice President Arias, that the above Ordinance be approved. The motion carried by the following vote: Aye:Arias, Soria, Chavez and Esparza4 - No:Caprioglio, Karbassi and Bredefeld3 - SCHEDULED COUNCIL HEARINGS AND MATTERS (CONTINUED) 2:00 P.M. ID19-11672 Actions pertaining to noise regulations at the Woodward Park Amphitheater 1. BILL - (For introduction) Adding Section 10-112 to the Fresno Municipal Code relating to noise regulations at the Woodward Park Amphitheater 2.***RESOLUTION - Regarding contracts for use of Woodward Park Amphitheater (Subject to Mayor’s veto) The above item was introduced to Council by Councilmember Bredefeld, District 6 and Director Miller, PARCs Department. Upon call, the following members of the public addressed Council: Dirk City of Fresno ***Subject to Mayoral Veto Page 19 December 12, 2019City Council Meeting Minutes - Final Poshel, Chris Miller, Jason Laurton, Robert Bashian, Stephen Clayton, Steve Thacher, Eddy Burgos and Brad Silva. Councilmember Esparza left the meeting. Councilmember Bredefeld motioned to approve a bill that states the Amphitheater at Woodward Park shall not exceed 70 decibels, and a resolution that states the City Manager and Parks Department shall not enter into any contracts for use of the Woodward Park Amphitheater inconsistent with the terms of the proposed ordinance. Councilmember Chavez seconded the motion. Discussion held. Council Vice President Arias stated that he could not support this item, and recommended that the ordinance be brought back to increase the noise level so that there won't be any inconsistency between the policy and the practice. On motion of Councilmember Bredefeld, seconded by Councilmember Chavez, that the above Ordinance be approved. The motion FAILED by the following vote: Aye:Chavez and Bredefeld2 - No:Caprioglio, Arias, Soria and Karbassi4 - Absent:Esparza1 - 3-E ID19-11613 BILL - ( For Introduction) - Amending Fresno Municipal Code Chapter 3, Article 1 - Personnel to Update Outdated Language and Gender Specific Terms, Provide Clarity of Respective Provisions, and Make Other Preferred and Necessary Changes Regarding Leaves of Absences for all City employees, Employment Outside of City Service, Overtime, and References for the Proper Appointing Authority. THE ABOVE ITEM WAS CONTINUED TO JANUARY 16, 2020 3-J ID19-11676 Actions pertaining to Darling Ingredients relocation to Wastewater Treatment Facility (District 3): 1.Approve Jensen Road Transfer Agreement between the City and County of Fresno related to the transfer of ownership and City of Fresno ***Subject to Mayoral Veto Page 20 December 12, 2019City Council Meeting Minutes - Final maintenance of Jensen Avenue right of way to the City between South Chateau Fresno and approximately 660 feet west of South Fig Avenue, and payment of certain property taxes to City. 2.Approve Amendment to City of Fresno Tax Rebate Agreement between the City of Fresno and Darling Ingredients, Inc. 3.***RESOLUTION - Authorizing the City Manager to grant an easement to Darling Ingredients, Inc., for fire access between the Wastewater Treatment Plant and the new Darling Rendering Plant (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. RESOLUTION 2019-265 ADOPTED On motion of Vice President Arias, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi, Chavez and Bredefeld6 - Absent:Esparza1 - CITY COUNCIL (CONTINUED) 4-A ID19-11586 RESOLUTION - In support of continuing the Fresno Police Department’s Southwest Policing District’s “Bringing Broken Neighborhoods Back to Life” program The above item was introduced to Council by Council Vice President Arias, District 3 and Chief Hall, Police Department. Councilmember Bredefeld left the meeting. RESOLUTION 2019-266 ADOPTED On motion of Vice President Arias, seconded by President Caprioglio, that the above Action Item be approved. The motion carried by the following vote: Aye:Caprioglio, Arias, Soria, Karbassi and Chavez5 - Absent:Bredefeld and Esparza2 - City of Fresno ***Subject to Mayoral Veto Page 21 December 12, 2019City Council Meeting Minutes - Final 5. CLOSED SESSION City Council recessed into Closed Session 3:33 P.M. and returned from Closed Session at 4:16 P.M. There was no announcements after Closed Session and the items below were discussed. 5-A ID19-11654 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Pamela Motley, et al. v. Fresno Police Officer Joseph Smith, et al.; United States District Court Case No.: 15CV-00905 BAM (Police Dpeartment) 2.London Wallace, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 19CECG02704 (Police Department). 3.Anthony Perez, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:18-CV-00127 (Police Department). 4.Lee Corpus, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 16CECG02393 (Police Department). 5.Channel Centeno, et al. v. City of Fresno, et al.; United States District Court Case No.: 16-CV-00653 (Police Department). 6.Estate of Casimero Casillas, et al. v. City of Fresno, et al.; United States District Court Case No.: 1:16-CV-01042 AWI SAB (Fresno Police Department). 5-B ID19-11675 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). 5-C ID19-11557 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Julian Valencia, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 17CECG04165 (Police Department). 5-D ID19-11677 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION - Government Code Section 54956.9 subdivision (d)(2): 1.Lennar Homes v. City of Fresno THIS ITEM WAS REMOVED FROM THE AGENDA 5-E ID19-11691 CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6 City Negotiators: Jeffrey Cardell, Ken Phillips Employee Organizations: City of Fresno ***Subject to Mayoral Veto Page 22 December 12, 2019City Council Meeting Minutes - Final 1. International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) 2. City of Fresno Management Employees Association (CFMEA) ADJOURNMENT The Council Meeting adjourned at 3:33 P.M. in Honor of the 2019 City Council President Caprioglio. City of Fresno ***Subject to Mayoral Veto Page 23 Thursday, January 30, 2020 9:00 AM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Miguel Angel Arias Vice President - Paul Caprioglio 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 Meeting Minutes - Draft Regular Meeting January 30, 2020City Council Meeting Minutes - Draft The City Council met in regular session in the Council Chamber, City Hall on the date and time written above. 9:06 A.M. ROLL CALL President Miguel Angel Arias Councilmember Esmeralda Z. Soria Councilmember Mike Karbassi Councilmember Luis Chavez Councilmember Garry Bredefeld Councilmember Nelson Esparza Present:6 - Vice President Paul CaprioglioAbsent:1 - Invocation by Pastor Jim Mattix of the Northeast Assembly of God Pledge of Allegiance to the Flag APPROVE AGENDA City Clerk Spence announced the following changes to the agenda: File ID 20-00154 (3-B) - Closed Session item - City of Fresno v. Darling Ingredients, Inc. was removed from the agenda, File ID 20-00156 (3-C) - Closed Session item – City of Fresno v. Shell Oil Company, et al was removed from the agenda and File ID 20-00145 (1-M) - Resolution - Amending certain designated positions which shall be subject to the Conflict of Interest Code and defining categories of disclosure for such positions was continued to February 13, 2020. On motion of Councilmember Soria, seconded by Councilmember Chavez, the above ACTION was approved as amended. The motion carried by the following vote: Aye:Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza6 - Absent:Caprioglio1 - APPROVE MINUTES ID 20-00151 Approval of Minutes for January 16, 2020 and Special Meeting Minutes for January 16, 2020. On motion of Councilmember Soria, seconded by Councilmember Chavez, that the above Action Item be approved. The motion carried by the following vote: City of Fresno ***Subject to Mayoral Veto Page 2 January 30, 2020City Council Meeting Minutes - Draft Aye:Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza6 - Absent:Caprioglio1 - CEREMONIAL PRESENTATIONS The following Ceremonial items were presented: ID 20-00115 Recognition of the City of Fresno as a Bronze Level Bicycle Friendly Community by the League of American Bicyclists. Upon call, the following mebers of the public addressed Council: Gene Richards, Susan Smith and Anthony Molina. ID 20-0029 Fresno City College Soccer - California Community College Athletic Association State Soccer Champions And Fresno City College Wrestling - California Community College Athletic Association State Wrestling Champions COUNCILMEMBER REPORTS AND COMMENTS Councilmember Esparza spoke regarding his townhall meetings in District 7 and stated he is working with the Administration and the constituents of Parking District 10, VA parking; and thanked everyone including Parking Manager Gaffery who helped improve the quality of life for the residents. Councilmember Esparza was invited to speak for the new Maddy Institute Cohort at Fresno State and welcomed Esther Bautista to his District 7 team. 1. CONSENT CALENDAR Councilmember Chavez left the meeting at 9:15 A.M. On motion of Councilmember Soria, seconded by Councilmember Esparza, the below CONSENT CALENDAR items were adopted. The motion carried by the following vote: Aye:Arias, Soria, Karbassi, Bredefeld and Esparza5 - Absent:Caprioglio and Chavez2 - 1-A ID 20-00104 RESOLUTION - Of Intention to annex Final Tract Map No. 6215 as Annexation No. 108 to the City of Fresno Community Facilities District No. 11 and to Authorize the Levy of Special Taxes; and setting the public hearing for Thursday, February 27, 2020, at 10:00 am (southwest corner of North Hayes and West Gettysburg Avenues) (Council District 1) City of Fresno ***Subject to Mayoral Veto Page 3 January 30, 2020City Council Meeting Minutes - Draft RESOLUTION 2020-013 ADOPTED 1-B ID 20-00113 Actions pertaining to design for the ADA Upgrades at the City of Fresno Convention Center (Council District 3): 1. Approve Second Amendment to Agreement with Integrated Designs by SOMAM, Inc. in the amount of $11,525; and 2. Approve Third Amendment to Agreement with Integrated Designs by SOMAM, Inc. in the amount of $12,760 increasing the contract amount to $131,715. 1-C ID 20-00116 Actions pertaining to Cedar Avenue Pavement Overlay from Barstow Avenue to Bullard Avenue - Bid File No. 3700 (Council District 4) 1.Adopt a finding of Categorical Exemption per staff ’s determination, pursuant to Section 15301 Class 1 of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract in the amount of $563,240 to Cal Valley Construction, Inc., of Fresno, CA, as the lowest responsive and responsible bidder for the Cedar Avenue Pavement Overlay project 1-D ID 20-00117 Actions pertaining to Herndon Avenue and Shaw Avenue Corridor Pedestrian Signalization Upgrades - Bid File No. 3710 (Council District 1, 2, 4, and 6) 1.Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301/Class 1, 15302/Class 2, and 15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines 2.Award a construction contract in the amount of $137,772.00 to Cen-Pac Engineering of Fresno, CA, as the lowest responsive and responsible bidder for the Herndon Avenue and Shaw Avenue Corridors Pedestrian Signalization Upgrade project 1-E ID 20-00107 Actions pertaining to the Homeless Emergency Aid Program Grant: 1.Approve Agreement with Fresno County Economic Opportunities Commission in the amount of $100,053.90 for homeless employment program 2.Approve Revised Spending Plan for City of Fresno’s HEAP funds The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-F ID 20-00108 Actions pertaining to the 2017 Transformative Climate Communities (TCC) Grant and Transform Fresno Plan projects: 1.Adopt a finding that the project is categorically exempt from CEQA pursuant to the Class 1 and Class 2 Categorical Exemption set forth in CEQA Guidelines Section 15300.2; and City of Fresno ***Subject to Mayoral Veto Page 4 January 30, 2020City Council Meeting Minutes - Draft 2.Approve a Sub-Recipient Agreement with the City of Fresno Department of Public Works for Project 11 Southwest Urban Forest Expansion totaling $212,199.21 1-G ID 20-00109 Actions pertaining to the 2017 Transformative Climate Communities (TCC) Grant and Transform Fresno Plan project regarding the Workforce Development Project - West Fresno Advance Transportation Technical (WFATT) training program: 1.Approve Sub-Recipient Agreement with the Fresno Area Workforce Investment Corporation totaling $1,249,432 2.***RESOLUTION - 26th amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 appropriating $1,249,400 for the TCC grant (requires 5 affirmative votes) (Subject to Mayor’s Veto). RESOLUTION 2020-014 ADOPTED 1-H ID 20-0046 Approve a Sub-Recipient Agreement with the City of Fresno Department of Public Works for Park at MLK Magnet Core totaling $5,430,466.53 pertaining to the 2017 Transformative Climate Communities (TCC) grant and Transform Fresno plan. 1-I ID 20-00123 Approve the Fifth Amendment to the Agreement with Provost and Pritchard Consulting Group, Inc., amending the work completion date to March 31, 2021 for Engineering Design and Feasibility Analysis for Removal of 1,2,3-Trichloropropane from Groundwater Extraction Wells, with no impact to the previously approved contract amount of $1,044,000 (Citywide) 1-J ID 20-00125 Approve the first amendment for engineering consultant services with Stantec Consulting Services, Inc ., a New York corporation, for $31,718 increasing the contract total to $862,036 and extending the term through June 2020 for the Design of a New Odor Control System for the Headworks building at the Fresno -Clovis Regional Wastewater Reclamation Facility (Council District 3) 1-K ID 20-00126 Actions pertaining to Water Distribution System Hydraulic Modeling On -call Services Contract (Citywide) 1.Approve a Consultant Services Agreement with Akel Engineering Group, Inc., for on-call water distribution system hydraulic modeling services for a period of three years in the amount not to exceed $450,000 2.Authorize the Director of Public Utilities, or designee, to sign all documents on behalf of the City of Fresno City of Fresno ***Subject to Mayoral Veto Page 5 January 30, 2020City Council Meeting Minutes - Draft 1-L ID 20-00124 Approve the appointment of Cierra Jones to the Friends of Fancher Creek and the appointment of Gurjant Singh to the District 5 Project Review Committee 1-M ID 20-00145 RESOLUTION - Amending certain designated positions which shall be subject to the Conflict of Interest Code and defining categories of disclosure for such positions The above item was removed from the agenda and continued to February 13, 2020. 1-N ID 20-0087 The above item PASSED 5-0 vote, Councilmember Esparza recused himself from the item. Council Vice President Caprioglio was absent. RESOLUTION 2020-015 ADOPTED 1-O ID 20-00147 1.Council Boards and Commissions Communications, Reports, Assignments and/or Appointments, Reappointments, Removals to/from City and non-City Boards and Commissions 2.Approve the appointments of Councilmember Soria as Chair and Council President Arias as Vice Chair to the Successor Agency to the Redevelopment Agency of the City of Fresno 1-P ID 20-00153 RESOLUTION - To Amend the Council Rules of Procedure The above item was pulled from Consent Calendar by Councilmember Bredefeld and moved to Contested Consent for further discussion. 1-Q ID 20-00150 Action related to amending the Cannabis Retail Business and Commercial Cannabis Business Ordinance: 1. ***BILL NO. B-3 - (Intro. 1/16/2020) (For adoption) - Amending Sections 9-3306, 9-3307, 9-3308, 9-3309, 9-3310, 9-3311, 9-3312, 9-3313, 9-3314, 9-3316, 9-3317, 9-3318, 9-3319, 9-3321, 9-3325, 9-3328, 9-3335, and 9-3337 of the Fresno Municipal Code related to Cannabis Retail Business and Commercial Cannabis Business. (Subject to Mayor’s veto) The above item PASSED 3-2 vote, Councilmember Karbassi and Councilmember Bredefeld voted no. Council Vice President Caprioglio and Councilmember Chavez was absent. ORDINANCE 2020-002 ADOPTED. City of Fresno ***Subject to Mayoral Veto Page 6 January 30, 2020City Council Meeting Minutes - Draft 1-R ID 20-00152 Approve the appointment of Lori Buffington to the District 2 Project Review Committee 1-S ID 20-0084 ***RESOLUTION - Authorizing a Grant Application to the California State Department of Housing and Community Development For Funding Under the CalHome Program and Execution of a Standard Agreement and Other Required Program Documents For the Repair, Rehabilitation or Replacement of Manufactured Homes in the City of Fresno (Subject to Mayor’s Veto) RESOLUTION 2020-017 ADOPTED 1-T ID 20-00142 ***RESOLUTION - 7th Amendment to the Position Authorization Resolution No. 2019-134 adding a total of one (1) Senior Network Systems Specialist position to the Information Services Department, effective February 1, 2020. (Subject to Mayor’s veto) RESOLUTION 2020-018 ADOPTED 1-U ID 20-00146 ***BILL NO. B-2 - (Intro. 1/16/2020) (For adoption) - Amending Fresno Municipal Code Chapter 3, Article 1 - Personnel to Update Outdated Language and Gender Specific Terms, Provide Clarity of Respective Provisions, and Make Other Preferred and Necessary Changes Regarding Leaves of Absences for all City employees, Employment Outside of City Service, Overtime, and References for the Proper Appointing Authority; Code amendments have been approved by the respective bargaining units. (Subject to Mayor’s veto) ORDINANCE 2020-003 ADOPTED 1-V ID 20-00140 ***RESOLUTION - 6th Amendment to Position Authorization Resolution No. 2019-134,adding 16 permanent, full-time positions to the Fresno Police Department (FPD), as follows: two (2) Background Investigators, four (4) Emergency Services Dispatchers I, two (2) Laborers, three (3) Property and Evidence Technicians, and five (5) Police Support Services Clerks, effective February 1, 2020 (Subject to Mayor’s veto). RESOLUTION 2020-019 ADOPTED CONTESTED CONSENT CALENDAR 1-E ID 20-00107 Actions pertaining to the Homeless Emergency Aid Program Grant: 1.Approve Agreement with Fresno County Economic Opportunities Commission in the amount of $100,053.90 for homeless employment program City of Fresno ***Subject to Mayoral Veto Page 7 January 30, 2020City Council Meeting Minutes - Draft 2.Approve Revised Spending Plan for City of Fresno’s HEAP funds The above item was introduced to Council by Director Strategic Initiative Spees, Mayor's Office. Upon call the following members of the public addressed Council: Director Misty Balnco, Yonas Paulos and Brandi Villages. Director Strategic Initiative Spees responded to questions by the Council. APPROVED On motion of Councilmember Bredefeld, seconded by Councilmember Soria, that the above Action Item be approved. The motion carried by the following vote: Aye:Arias, Soria, Karbassi, Bredefeld and Esparza5 - Absent:Caprioglio1 - Recused:Chavez1 - 1-P ID 20-00153 RESOLUTION - To Amend the Council Rules of Procedure Discussion held and several Councilmembers addressed their concerns with the proposed amendments to the Council Rules of Procedures. Councilmember Bredefeld motioned to remove the amended language from Rule No. 6 Section e "No presentation materials not in compliance with this Rule shall be accepted for presentation at a Council meeting unless prior approval is granted by the Council President, or as may be approved by five votes of the Council at the Council meeting" and to keep the original language. Councilmember Chavez seconded the motion. Motion PASSED 6-0, Council Vice President Caprioglio was absent. Councilmembers and City Attorney Sloan discussed the additional proposed language added to Rule No. 10, Section 3 item d regarding Scheduled and Unscheduled Communications. Upon consensus of the Council, the additional language was approved. Councilmember Bredefeld discussed the proposed language added to Rule City of Fresno ***Subject to Mayoral Veto Page 8 January 30, 2020City Council Meeting Minutes - Draft No. 12 Section f. Councilmembers and City Attorney Sloan discussed Rule No. 22 Questions of Order and Appeals to Rulings of Chair Sections a and c. Councilmember Soria motioned to keep the current language in Section a without any amendments. Council President Arias seconded the motion. Motion PASSED 6-0, Council Vice President Caprioglio was absent. Councilmember Bredefeld motioned to amend the language “preferably should” in proposed Section c to state “shall”. Council President Arias seconded the motion. After discussion, Council President Arias withdrew his second and Councilmember Chavez seconded the motion. Motion FAILED 2-4, Councilmember Bredefeld and Councilmember Chavez votes yes, Councilmember Soria, Councilmember Karbassi, Councilmember Esparza and Council President Arias voted no. Council Vice President Caprioglio was absent. Councilmember Soria motioned to remove the proposed Rule No. 22 Section c all together. Councilmember Karbassi seconded the motion. Motion PASSED 6-0, Council Vice President Caprioglio was absent. Council President Arias motioned to approve the remaining Rules of Procedures. Councilmember Esparza seconded the motion. Upon call, there was no public comment. RESOLUTION 2020-016 ADOPTED AS AMENDED On motion of President Arias, seconded by Councilmember Esparza, that the above Resolution be adopted as amended. The motion carried by the following vote: Aye:Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza6 - Absent:Caprioglio1 - 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 10:05 A.M. City of Fresno ***Subject to Mayoral Veto Page 9 January 30, 2020City Council Meeting Minutes - Draft ID 20-0030 HEARING to consider adoption of resolution related to the designation of a property to the Local Register of Historic Resources 1.*** RESOLUTION - Designating the Ridge Electric Motor Company Building located at 1235 G Street, Fresno, California to the Local Register of Historic Resources (Council District 3) (Subject to Mayor’s veto) Councilmember Chavez left the meeting at 10:34 A.M. The hearing was called to order at 10:34 A.M. and was introduced to Council by Historic Preservation Specialist van Onna, Planning and Development Department. Upon call, there was no public comment and no Council discussion. RESOLUTION 2020-020 ADOPTED On motion of President Arias, seconded by Councilmember Soria, that the above Action Item be adopted. The motion carried by the following vote: Aye:Arias, Soria, Karbassi, Bredefeld and Esparza5 - Absent:Caprioglio and Chavez2 - 10:15 A.M. ID 20-00148 CONTINUED HEARING - Appeal Request: Denial of Waiver - Construction of Sidewalk Along S. Channing Avenue, APNs: 464-220-058, P19-01742 The hearing was called to order at 10:36 A.M. and introduced to Council by Assistant Director Benelli, Public Works Department and Applicant representative Sami Mourtada with Grand Bridge Inc. Upon call, there was no public comment. Councilmember Chavez returned to the meeting at 10:51 A.M. Discussion held. APPROVED On motion of President Arias, seconded by Councilmember Soria, that City of Fresno ***Subject to Mayoral Veto Page 10 January 30, 2020City Council Meeting Minutes - Draft the above appeal be approved. The motion carried by the following vote: Aye:Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza6 - Absent:Caprioglio1 - 10:20 A.M. SCHEDULED COMMUNICATION ID 20-00143 Appearance by Gonzalo Arambula to discuss work and labor issues DID NOT APPEAR ID 20-00144 Appearance by Mary Padilla to discuss restoring peace back to our City (Speaker resides in District 2) APPEARED 10:30 A.M. ID 20-00155 WORKSHOP - Regarding Tower District Beautification Plan The above workshop was presented to Council by Councilmember Soria, District 1, Council President Arias, District 3 and Anthony "AP" Armour, Executive Director of Neighborhood Industries. PRESENTED 11:00 A.M. ID 20-00102 WORKSHOP - Presentation on Tax Increment Financing (“TIF”) District Preliminary Feasibility Analysis The above workshop was presented to Council by Councilmember Esparza, District 7 and Senior Vice President Joseph Dieguez with Kosmont. Councilmember Soria requested more information be provided to her office regarding the details between the partnership with the City of Fresno and the County of Fresno. PRESENTED City of Fresno ***Subject to Mayoral Veto Page 11 January 30, 2020City Council Meeting Minutes - Draft PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Upon call, there was no Unscheduled Communication. 3. 1:30 P.M. CLOSED SESSION City Council recessed for Closed Session at 1:32 P.M. and returned from Closed Session at 1:56 P.M. There was no announcements after Closed Session and the below items were discussed. 3-A ID 20-00127 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1. Jeeteen Vallabh, et al. v. City of Fresno, et al.; Fresno Superior Court Case No.: 19CECG01582 (Transportation Department). 3-B ID 20-00154 CONFERENCE WITH LEGAL COUNSEL- DECIDING WHETHER TO INITIATE LITIGATION - Government Code Section 54956.9, subdivision (d) (4); City of Fresno v. Darling Ingredients, Inc. The above item was removed from the agenda. 3-C ID 20-00156 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.City of Fresno v. Shell Oil Company, et al.; San Bernardino County Superior Court Case No.: SCVSS120627(Public Utilities Department) The above item was removed from the agenda. 3-D ID 20-00158 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: 3400 Gap Drive (portion) Negotiating Parties: City Manager Wilma Quan Under Negotiation: Terms and Conditions of Property Acquisition 4. GENERAL ADMINISTRATION There were no items under General Administration. City of Fresno ***Subject to Mayoral Veto Page 12 January 30, 2020City Council Meeting Minutes - Draft 5. CITY COUNCIL There were no items under City Council. ADJOURNMENT City Council adjourned at 1:56 P.M. in memory of Former Fresno Unified trustee Janet Ryan. City of Fresno ***Subject to Mayoral Veto Page 13 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00176 Agenda Date:2/13/2020 Agenda #: CEREMONIAL PRESENTATION February 13, 2020 Presentation of the SPCA Pet of the Month City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00208 Agenda Date:2/13/2020 Agenda #: CEREMONIAL PRESENTATION February 13, 2020 Presentation of Certificates of Recognition honoring Officers Joshua Weskamp and Richard Byrd. City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00205 Agenda Date:2/13/2020 Agenda #: CEREMONIAL PRESENTATION February 13, 2020 Proclamation of “Black History Month” City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00103 Agenda Date:2/13/2020 Agenda #:1-A REPORT TO THE CITY COUNCIL February 13, 2020 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:HAN NGO, PE, Professional Engineer Public Works Department, Project Management Section SUBJECT Actions pertaining to the Veterans Trail from Hayes to Polk Avenues Project -Bid File No.3630 (Council District 2) 1 Resolution-adopting findings pursuant to CEQA Guidelines Section 15091 and 15093 as required by CEQA Guidelines Section 15096 2 Award a construction contract in the amount of $1,006,790.00 to Avison Construction,Inc.of Madera, California RECOMMENDATIONS Staff recommends that the City Council adopt a Resolution adopting findings pursuant to CEQA Guidelines Sections 15091 and 15093 as required by CEQA Guidelines 15096,and award a construction contract to Avison Construction,Inc.,of Madera,California in the amount of $1,006,790.00 as the lowest responsive and responsible bidder and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY Veterans Boulevard Trail between Hayes and Polk Avenues will provide connectivity between the Herndon Avenue trail and the existing neighborhoods.This is the first segment of the proposed Veterans trail that will eventually be constructed alongside Veterans Boulevard from Herndon Avenue to Shaw Avenue.The project consists of a Class I multi-purpose trail per the City’s Asphalt Multi- Purpose Trail standards,landscaping,irrigation system,and curb and gutter along the Veterans Boulevard alignment.Street lighting infrastructure including conduit,pull boxes,and pole foundations for future street lights will also be part of the project.The trail and landscaping were included in the list of features of the Community Facilities District (CFD)for the subdivision backing up to Veterans City of Fresno Printed on 12/12/2022Page 1 of 4 powered by Legistar™ File #:ID 20-00103 Agenda Date:2/13/2020 Agenda #:1-A list of features of the Community Facilities District (CFD)for the subdivision backing up to Veterans Boulevard, Tract No. 5141, and will be maintained through the CFD upon completion. BACKGROUND The construction of Veterans Boulevard Trail between Hayes and Polk Avenue,previously referred to as “bicycle/pedestrian trail”along North Grantland Avenue (diagonal alignment),was a condition of approval for the adjacent Tract No.5141.However,due to uncertainties at the time (2005)about the Veterans Boulevard geometric layout,the City chose to accept a cash-in-lieu payment from the developer for the curb,gutter,trail and landscaping along the tract frontage to Veterans Boulevard. As the Veterans Boulevard Project progressed in the design and the alignment was refined,the decision was made to move forwarded with these deferred improvements.The project was initiated in FY2016 when the project was first included in the adopted City budget.With the Veterans Boulevard Project fully funded,this segment will soon provide connectivity for trail users along Veterans Boulevard between Shaw and Herndon Avenues. The proposed project consists of a Class I multi-purpose trail along the Veterans Boulevard alignment between North Hayes and Polk Avenues.It will consist of a 12-foot wide multi-purpose trail,landscaping,irrigation and curb and gutter along the Veterans Boulevard alignment.Street lighting will also be included in the project.Measure “C”Trail funding will be utilized consistent with program requirements and only for the trail.Project components such as curb and gutter are to be funded by the cash-in-lieu deposit from the subdivider. The trail as proposed reflects current standards.Measure “C”Trail funding is being utilized to cover the additional funding needs beyond the original cash-in-lieu deposit from the developer,and Regional Street Development Impact Fees are being utilized for the limited amount of street-related infrastructure needing to be installed in conjunction with the trail.Maintenance of the trail, landscaping and irrigation is fully covered by the Community Facilities District for Tract No. 5141. The Notice Inviting Bids was advertised and published in the Business Journal on November 6,2019, and posted on the City’s website.Eleven building exchanges received the Notice Inviting Bids.The specifications were distributed to nine prospective bidders.Nine sealed bid proposals were received and opened in a public bid opening on December 3,2019,with the bids ranging from $1,006,790.00 to $1,281,013.00.Avison Construction,Inc.,was deemed the lowest responsive and responsible bidder. The bids will expire 87 days after the bid opening on February 28, 2020. If the bids are rejected, the project will be rebid resulting in a delay of approximately 60 days. Staff is recommending award of a construction contract to Avison Construction,Inc.,in the amount of $1,006,790.00 to construct the Veterans Trail from Hayes to Polk Avenues and to authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno. The City Attorney’s office has reviewed and approved as to form. ENVIRONMENTAL FINDINGS The California Department of Transportation,as lead agency,prepared an EIR for the Veterans Boulevard/State Route Interchange Project/Veterans Boulevard Grade Separation Project,identified by SCH No.2010021054 (the “Veterans Boulevard EIR”).The Veterans Boulevard EIR was certified on June 16,2013 and analyzed several components of the Veterans Boulevard project,including butCity of Fresno Printed on 12/12/2022Page 2 of 4 powered by Legistar™ File #:ID 20-00103 Agenda Date:2/13/2020 Agenda #:1-A on June 16,2013 and analyzed several components of the Veterans Boulevard project,including but not limited to a new interchange at State Route 99 and Veterans Boulevard,grade separated crossings to connect Veterans Boulevard and Golden State Boulevard,the construction of Veterans Boulevard as a six-lane super arterial from West Shaw Avenue to Herndon Avenue,drainage basins, and landscaping.The Veterans Boulevard EIR also contemplated a 12 foot wide Class 1 trail from Herndon Avenue to Shaw Avenue on the North Side of Veteran’s Boulevard.This approval is to implement a portion of that trail segment. An analysis has been performed pursuant CEQA Guidelines §15162 to determine whether subsequent environmental review is required for this approval.Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1.No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.In this case,the trail alignment has not changed from what was proposed by the Veterans Boulevard EIR. 2.No substantial changes have occurred with respect to the circumstances under which the project was undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 3.There is no new information,which was not known and could not have been known at the time of the previous EIR showing that: a.The project will have one or more significant effects not discussed in the previous EIR; b.Significant effects previously examined will be substantially more severe than shown in the previous EIR; c.Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project. Based upon these findings,it has been determined that a subsequent EIR is not required for this approval. Pursuant to the requirements of CEQA Guidelines Section 15096(h),the City adopts the findings attached as Exhibit A to the Resolution, as required by CEQA Guidelines 15091 and 15093. LOCAL PREFERENCE Local preference was not implemented for this project because the lowest responsive and responsible bidder is a local business. FISCAL IMPACT The project is located in City of Fresno Council District 2.The overall cost of the project is $1,339,900 and is locally funded by Measure “C”Trails,Regional Street Development Impact FeesCity of Fresno Printed on 12/12/2022Page 3 of 4 powered by Legistar™ File #:ID 20-00103 Agenda Date:2/13/2020 Agenda #:1-A $1,339,900 and is locally funded by Measure “C”Trails,Regional Street Development Impact Fees and Developer Cash-in-Lieu Improvements.The project will not have any impact to the General Fund.Of the total project cost,$1,006,790 will be used for the construction contract award.All funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. Attachments: Resolution Adopting findings pursuant to CEQA Guidelines Sections 15091 and 15093 Bid Evaluation Fiscal Impact Statement Vicinity Map Standardized Contract City of Fresno Printed on 12/12/2022Page 4 of 4 powered by Legistar™ RESOLUTION NO. ----- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ADOPTING FINDINGS PURSUANT TO CEQA GUIDELINES SECTIONS 15091 AND 15093 AS REQUIRED BY CEQA GUIDELINES SECTION 15096 WHEREAS, on June 13, 2013, the California Department of Transportation-District 6, as Lead Agency, certified an Environmental Impact Report for the Veterans Boulevard/Route 99 Interchange ProjecWeterans Boulevard Grade Separation Project identified by SCH No. 2010021054 (Veterans Boulevard Project EIR); and WHEREAS, the City of Fresno is a Responsible Agency within the meaning of CEQA Guidelines Section 15381 for the Veterans Boulevard Project; and WHEREAS, the project description for the Veterans Boulevard Project EIR includes a Class 1 trail along the Veterans Boulevard alignment from Herndon Avenue to Shaw Avenue to increase pedestrian and bicycle safety though the corridor (the Veterans Trail Project); and WHEREAS, California Environmental Quality Act (CEQA) Guidelines Section 15096 allows a Responsible Agency to consider an EIR prepared by a Lead Agency for a project when the approval relates to a portion of the project assessed by the Lead Agency's EIR; and WHEREAS, pursuant to CEQA Guidelines Section 15096(f), prior to reaching a decision on an project, the Responsible Agency must consider the environmental effects of the project as shown in the Lead Agency's EIR, and shall also complete an analysis Date Adopted: Date Approved: ¼ Effective Date: City Attorney Approval: 1 of 4 Resolution No. ---- 1 | Page Exhibit A Findings of Fact and Statement of Overriding Considerations for the Veterans Boulevard/State Route 99 Interchange Project/Veterans Boulevard Grade Separation Project Planning and Development Department January 29, 2020 2 | Page Table of Contents 1. Introduction 2. Project Description 2.1 Project Location and Setting 2.2 Project Background 2.3 Project Objectives 3. Procedural Findings 4. Record of Proceedings 5. Findings Required Under CEQA 5.1 Summary of Findings 5.2 Mitigation Monitoring 5.3 Significant Irreversible Environmental Effects 6. Project Alternatives 6.1 Alternatives Considered but Ultimately Rejected 6.2 Alternatives Considered in the EIR 7. Statement of Overriding Considerations 3 | Page 1. Introduction The purpose of these findings is to satisfy the requirements of Sections 15091, 15092, 15093 and 15096 of the California Environmental Quality Act (CEQA) Guidelines, associated with approval of the Fresno Veterans Boulevard/State Route 99 Interchange Project/Veterans Boulevard Grade Separation Project (project). The CEQA Statutes (California Public Resources Code [PRC] Sections 21000, et seq.) and Guidelines (California Code of Regulations [CCR] Sections 15000, et seq.) state that if it has been determined that a project may or will have significant impacts on the environment, then an environmental impact report (EIR) must be prepared. Prior to approval of the project, the EIR must be certified pursuant to CEQA Guidelines Section 15090. When an EIR has been certified that identifies one or more significant environmental impacts, the approving agency must make one or more of the following findings, accompanied by a brief explanation of the rationale, pursuant to CEQA Guidelines Section 15091, for each identified significant impact: A. Changes or alterations have been required in, or incorporated into, such project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. B. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency, or can and should be adopted by such other agency. C. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA Guidelines Section 15092 states that after consideration of an EIR, and in conjunction with making the Section 15091 findings identified above, the lead agency may decide whether or how to approve or carry out the project. A project that would result in a significant environmental impact cannot be approved if feasible mitigation measures or feasible alternatives can avoid or substantially lessen the impact. However, in the absence of feasible mitigation, an agency may approve a project with significant and unavoidable impacts, if there are specific economic, legal, social, technological, or other considerations that outweigh the unavoidable adverse environmental effects. CEQA Guidelines Section 15093 requires the lead agency to document and substantiate any such determination in a “statement of overriding considerations” as a part of the record. 4 | Page When the approval in question is proposed to be carried out by a Responsible Agency within the meaning of CEQA Guidelines Section 15381, then that agency must follow the process set forth in CEQA Guidelines Section 15096. Section 15096 requires that the Responsible Agency consider the Lead Agency’s EIR in light of CEQA Guidelines Section 15162 and determine if a subsequent or supplemental EIR is required. If a subsequent or supplemental EIR is not required, the Responsible Agency may rely on the analysis of the Lead Agency’s EIR. In so doing, the Responsible Agency must also make the findings required by Section 15091 for each significant effect of the project and must make findings pursuant to Section 15093 if necessary. These requirements are set forth in Section 15096(h). The requirements of CEQA Guidelines Sections 15091, 15092, and 15093 (as summarized above) are all addressed herein. This document summarizes the findings of fact and statement of overriding considerations authorized by those provisions of the CEQA Guidelines and by the PRC for the project as required by CEQA Guidelines Section 15096. 2. Project Description The California Department of Transportation (Caltrans) is the lead agency under the National Environmental Policy Act and the California Environmental Quality Act. Federal Highway Administration responsibility for environmental review, consultation, and any other action required in accordance with applicable federal laws for this project is being, or has been, carried out by Caltrans under its assumption of responsibility pursuant to 23 United States Code 327. Caltrans, in cooperation with the City of Fresno, proposes to build a new interchange on State Route 99 and as well as a new city arterial roadway, that provides a connection to State Route 99 and enhances the local circulation network. 2.1 Project Location and Setting The proposed interchange is planned on State Route 99 about 1 mile south of the existing Herndon Avenue interchange at post mile 29.5 (see Figure 1.1 and 1.2). The current limits for the project on State Route 99 extend 0.62 mile south of the proposed Veterans Boulevard interchange connection (post mile 28.88) to 0.61 mile north of the connection (post mile 30.11) for a total distance along the State Route 99 mainline of about 1 mile. The proposed Veterans Boulevard roadway would generally extend from West Shaw Avenue in the south to Herndon Avenue to the north. 2.2 Project Background This project is included in the 2011 Federal Statewide Transportation Improvement Program and the Council of Fresno County of Governments 2011 Regional Transportation Plan. Funding is proposed from a variety of sources including the 5 | Page Fresno County Measure C Renewal sales tax program, development impact fees, and Federal Demonstration Funds. In 1984, the Fresno General Plan first introduced the potential need for Veterans Boulevard to serve the local community along State Route 99. State Route 99 is a four-lane freeway (two mixed-flow lanes in each direction) throughout the project limits. State Route 99 is part of the California Freeway and Expressway System stretching almost the entire length of the Central Valley. Veterans Boulevard was to serve as a north-south “super” arterial to serve planned land uses in north Fresno. The interchange would provide additional north-south access from State Route 99 between the Shaw Avenue and Herndon Avenue interchanges. This idea was refined in 1986 with a feasibility study conducted to analyze potential interchange/grade separation configurations, with the intention of determining the alternative best suited to the site and the proposed Veterans Boulevard. In 1991, a Project Initiation Document was completed, and in 1996, the official plan line for Veterans Boulevard was adopted. Most recently, a project study report was completed to design the preliminary engineering as well as to determine how various alternatives might best serve the community. Veterans Boulevard and the proposed interchange with State Route 99 are identified as part of the circulation system in both the City of Fresno and Fresno County general plans. 2.3 Project Objectives The purpose of the project is as follows: • Improve accessibility to State Route 99 and circulation to roads adjacent to the proposed interchange in northwestern Fresno • Provide congestion relief and improved traffic flow in northwest Fresno • Enhance the local circulation network that would accommodate local development and provide consistency with existing and planned local and regional development 2.4 Project Features Caltrans, in cooperation with the City of Fresno, proposes to construct a new interchange and railroad grade separation at the proposed Veterans Boulevard alignment on State Route 99 between Herndon and Shaw Avenues with the following features: • The new interchange would be a Type L-9 partial cloverleaf with six on- and off- ramps connecting State Route 99 and Veterans Boulevard. 6 | Page • Veterans Boulevard would be built as a six-lane super arterial from West Shaw Avenue in the south to Herndon Avenue to the north. • A new Veterans Boulevard overcrossing would span State Route 99 with three northbound and three southbound lanes, a Class I bicycle lane/pedestrian trail on the west side of the structure and Class II bicycle lanes on both sides of the structure and bicycle lanes. • Veterans Boulevard would connect to Golden State Boulevard via a grade- separated crossing and would cross over the Union Pacific Railroad. • Landscaping similar to adjacent interchanges would be provided. • Drainage basins would be built to retain water runoff from the project. 3. Procedural Findings Based on the nature and scope of the Veterans Boulevard/Route 99 Interchange Project/Veterans Boulevard Grade Separation Project, Caltrans, as Lead Agency determined that an EIR was appropriate for the project (the Veterans Boulevard Project EIR). The Veterans Boulevard Project EIR (State Clearinghouse No. 2010021054) was prepared, noticed, published, circulated, reviewed, and completed in full compliance with CEQA. It was certified by Caltrans on June 13, 2013. As a Responsible Agency pursuant to CEQA Guidelines Section 15381, the City of Fresno has considered the Veterans Boulevard Project EIR prior to approving the Veterans Boulevard Trail Project which is a part of the overall Veterans Boulevard Project, as set forth by CEQA Guidelines Section 15096. 4. Record of Proceedings In accordance with PRC Section 21167.6(e), the record of proceedings for the City’s decision on this approval includes the following documents, which are incorporated by reference and made part of the record supporting these findings: City of Fresno Documents: • City of Fresno staff reports and all attachments Caltrans Documents: • The DEIR and all appendices to the DEIR; • The FEIR and all appendices to the FEIR; • All notices required by CEQA and presentation materials related to the project; • All comments submitted by agencies or members of the public during the comment period on the NOP and the DEIR; 7 | Page • All studies conducted for the project and contained or referenced in the DEIR and the FEIR; • All documents cited or referenced in the DEIR and the FEIR; • All public reports and documents related to the project prepared for the City and other agencies; • All other documents related to the project; and • Any additional items not included above if otherwise required by law. The City of Fresno Staff reports and attachments are available for review by interested members of the public during normal business hours at the City offices at 2600 Fresno Street, Room 3065, Fresno, CA. Caltrans documents may be reviewed by interested members of the public by contacting the California Department of Transportation-District 6 Public Information Office at (559) 444-2409 The DEIR and FEIR are incorporated into these findings in their entirety, unless and only to the extent these findings expressly do not incorporate by reference the DEIR and FEIR. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the project in spite of the potential for associated significant and unavoidable adverse physical environmental impacts. 5. Findings Required Under CEQA PRC Section 21002 provides that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” The same statute states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” Section 21002 of the PRC goes on to state that “in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.” The mandate and principles in PRC Section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. For each significant environmental effect identified in an EIR for a 8 | Page project, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR (CEQA Guidelines Section 15091[a][1]). For purposes of these finding, the term “avoid” refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less-than- significant level. In contrast, the term “substantially lessen” refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less- than-significant level. The second permissible finding is that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and that such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines Section 15091[a][2]). The third potential conclusion is that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the DEIR and FEIR (EIR) (CEQA Guidelines Section 15091[a][(3]). “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, legal, and technological factors (CEQA Guidelines Section 15364). The concept of “feasibility” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. Moreover, “feasibility” under CEQA encompasses “desirability” to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, legal, and technological factors” (City of Del Mar v. City of San Diego [1982] 133 Cal.App.3d 410, 417). In the process of adopting mitigation measures, the City has made a determination regarding whether the mitigation proposed in the EIR is “feasible.” In some cases, modifications may have been made to the mitigation measures proposed in the EIR to update, clarify, streamline, or revise those measures. With respect to a project for which significant impacts are not avoided or substantially lessened, a lead agency, after adopting proper findings, may nevertheless approve the 9 | Page project if the agency first adopts a statement of overriding considerations setting forth the specific reasons in support of the finding that the project benefits outweigh its unavoidable adverse environmental effects. In the process of considering the EIR for certification, the City has recognized that impact avoidance is not possible in all instances. To the extent that significant adverse environmental impacts will not be reduced to a less-than-significant level with the adopted mitigation, the City has found that specific economic, social, and other considerations support approval of the project. Those findings are reflected herein in Section 5, “Findings Required Under CEQA,” and in Section 7, “Statement of Overriding Considerations,” below. 5.1 Summary of Findings The DEIR identified a number of less-than-significant impacts associated with the project that do not require mitigation. The DEIR also identified a number of significant and potentially significant environmental effects (or impacts) that may be caused in whole or in part by the project. Some of these significant effects can be fully avoided or substantially lessened through the adoption of feasible mitigation measures. Other effects cannot be, and thus may be significant and unavoidable. For reasons set forth in Section 7, “Statement of Overriding Considerations,” however, the City has determined that overriding economic, social, and other considerations outweigh the significant, unavoidable effects of the project. The findings of the City with respect to the project’s significant effects and mitigation measures are set forth in the EIR and these Findings of Fact. The Summary of Findings does not attempt to replicate or restate the full analysis of each environmental impact contained in the EIR. Please refer to the DEIR and FEIR for more detail. The following provides a summary description of each potentially significant and significant impact, describes the applicable mitigation measures identified in the FEIR and adopted by the City, and states the findings of the City regarding the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the DEIR and FEIR and associated record (described herein), both of which are incorporated by reference. The City hereby ratifies, adopts, and incorporates the analysis and explanation in the record into these findings, and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the 10 | Page extent any such determinations and conclusions are specifically and expressly modified by these findings. To the extent any of the mitigation measures are within the jurisdiction of other agencies, the City finds those agencies can and should implement those measures within their jurisdiction and control (CEQA Guidelines Section 15091[a][2]). Findings Regarding Less Than Significant Impacts (No Mitigation Required) The City agrees with the characterization in the DEIR and FEIR of all project- specific impacts identified as “less than significant” and finds that those impacts have been described accurately and are either less than significant or have no impact, as described in the EIR. Section 15091 of the CEQA Guidelines does not require specific findings to address environmental effects that an EIR identifies as having no impact or a less-than-significant impact. The impacts for which the project would result in either no impact or a less-than- significant impact, and which require no mitigation, are identified in the bulleted list below. Please refer to the DEIR and FEIR for more detail. • Aesthetics • Agriculture and Forest Resources • Cultural Resources • Geology and Soil • Land Use and Planning • Mineral Resources • Population and Housing • Public Service • Recreation • Transportation • Utilities and Service Systems Findings Regarding Impacts Mitigated to a Level of Less than Significant The City hereby finds that feasible mitigation measures have been identified in the EIR and these Findings of Fact that will avoid or substantially lessen the following potentially significant and significant environmental impacts to a less- than-significant level. The potentially significant and significant impacts and the mitigation measures that will reduce them to a less-than-significant level are summarized below. Please refer to the EIR for more detail. 11 | Page Air Quality Impacts Potential to result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under and applicable federal or state ambient air quality standard. Potential to expose sensitive receptors to substantial pollutant concentrations. Construction Impacts During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by excavation, grading, hauling, and other activities related to construction. Emissions from construction equipment also are anticipated and would include carbon monoxide, nitrogen oxides, volatile organic compounds, directly- emitted particulate matter 2.5 and 10, and toxic air contaminants such as diesel exhaust particulate matter. Site preparation and roadway construction would involve clearing, cut-and-fill activities, grading, removing or improving existing roadways, and paving roadway surfaces. Construction-related effects on air quality from most highway projects would be greatest during the site preparation phase because most engine emissions are associated with the excavation, handling, and transport of soils to and from the site. If not properly controlled, these activities would temporarily generate particulate matter 2.5, particulate matter 10, small amounts of carbon monoxide, sulfur dioxide, nitrogen oxides, and volatile organic compounds. Sources of fugitive dust would include disturbed soils at the construction site and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would deposit mud on local streets that could be an additional source of airborne dust after the mud dries. Particulate matter 10 emissions would vary from day to day, depending on the nature and magnitude of construction activity and local weather conditions. Particulate matter 10 emissions would depend on soil moisture, silt content of the soil, wind speed, and the amount of equipment operating at the time. Larger dust particles would settle near the source while fine particles would be dispersed over greater distances from the construction site. Additionally, the San Joaquin Valley Air Pollution Control District has established Regulation VIII for reducing fugitive dust emissions (particulate matter 10). Using standard construction measures such as frequent watering (e.g., twice per day, minimum), fugitive dust emissions from construction activities would not result in adverse air quality impacts. In addition to dust-related particulate matter 10 emissions, heavy trucks and construction equipment powered by gasoline and diesel engines would generate carbon monoxide, sulfur dioxide, nitrogen oxides, volatile organic compounds, and some 12 | Page particulate matter 2.5 and 10 in exhaust emissions. If construction activities increase traffic congestion, carbon monoxide and other emissions from traffic would increase slightly while those vehicles are delayed. These emissions would be temporary and limited to the immediate area surrounding the construction site. Sulfur dioxide is generated by oxidation during the combustion of organic sulfur compounds contained in diesel fuel. Off-road diesel fuel meeting federal standards can contain up to 5,000 parts per million of sulfur; on-road diesel is restricted to less than 15 parts per million of sulfur. Under California law and Air Resources Board regulations, however, off-road diesel fuel used in California must meet the same sulfur and other standards as on-road diesel fuel. As a result, sulfur dioxide-related issues due to diesel exhaust will be minimal. Some phases of construction, particularly asphalt paving, would result in short-term odors in the immediate area of each paving site. Such odors would be quickly dispersed below detectable thresholds as distance from the site increases. According to the Guide for Assessing and Mitigating Air Quality Impacts, the San Joaquin Valley Air Pollution Control District’s approach to California Environmental Quality Act analyses of construction particulate matter 10 impacts is “to require implementation of effective and comprehensive control measures rather than to require detailed quantification of emissions”. Emissions emitted during construction can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions, and other factors, making quantification difficult. However, personal communication with San Joaquin Valley Air Pollution Control District staff indicates that project-related construction emissions should be estimated. The recommended thresholds of significance for California Environmental Quality Act analysis of construction emissions should be 10 tons per year of reactive organic gas and nitrogen oxides and 15 tons per year of particulate matter 10. The proposed construction schedule for all improvements is approximately 30 months and is anticipated to be completed by 2015. The San Joaquin Valley Air Pollution Control District does not provide a model for calculating construction emissions; however, construction emissions for the project could be estimated by using the Sacramento Metropolitan Air Quality Management District Road Construction Emissions Model, Version 6.3.2 (this model is approved for San Joaquin Valley projects). Construction-related emissions are presented in Table 2.21. 13 | Page Table 2.21 Maximum Project Construction Emissions Table 2.21 Maximum Project Constructi on Emissions Project Phases ROG (lbs/day) CO (lbs/day) NOx (lbs/day) Total PM10 (lbs/day) Exhaust PM10 (lbs/day) Fugitive Dust PM10 (lbs/day) Grubbing/La nd Clearing 4.1 16.9 30.5 51.3 1.3 50.0 Grading/Exc avation 9.1 66.2 65.5 52.9 2.9 50.0 Drainage/Uti lities/Sub- Grade 3.7 15.9 25.7 51.4 1.4 50.0 Paving 2.8 12.2 15.2 1.3 1.3 - Maximum (pounds/day) 9.1 66.2 65.5 52.9 2.9 50.0 Total (tons/constru ction project) 2.0 12.6 14.1 14.7 0.7 14.0 Source: Veterans Boulevard/Route 99 Interchange Project Air Quality Conformity Report, October 2010. CO=carbon monoxide NOx=nitrogen oxide PM=particulate matter ROG=reactive organic gas lbs=pounds The emissions presented above are based on the best information available at the time of calculations and assumes the schedule for all improvements would begin in 2013. Default equipment assumptions for the Sacramento Metropolitan Air Quality Management District Road Construction Emissions Model were used in developing the emissions estimates, estimates that can be refined once final engineering is completed for the project. As project construction is expected to be less than five years, construction-related emissions were not considered in the conformity analysis. As noted in the table, construction emissions for reactive organic gas, nitrogen oxides and particulate matter 10 would not exceed the tons per year thresholds as recommended by San Joaquin Valley Air Pollution Control District staff. Initial estimates indicate that the Rule 9510 threshold of 2 tons per year for nitrogen oxides may be exceeded; however, detailed construction schedules and equipment use are not available at this time. Therefore, precise calculations cannot be conducted, and it is uncertain if the project would exceed the thresholds established in Rule 9510. As more detailed information becomes available, the project sponsor would reevaluate the estimates of construction-related emissions, and if necessary, submit an application to the Air Pollution Control District to comply with Rule 9510. Should it be determined that the project must comply with Rule 9510, the project may be required to use special provisions during construction such as reduced-emissions construction vehicles as a condition of the permit. 14 | Page Naturally Occurring Asbestos The project is located in Fresno County, which is among the counties listed as potentially containing serpentine and ultramafic rock. However, the proposed project is not within the area of the county containing known deposits of serpentine or ultramafic rocks. Therefore, the impact from naturally occurring asbestos during project construction would be minimal to none. Qualitative Project-Level Mobile Source Air Toxics Discussion In addition to the criteria air pollutants for which there are federal ambient air quality standards, the Environmental Protection Act also regulates air toxics. Most air toxics originate from human-made sources, including on-road mobile sources, non-road mobile sources such as airplanes), area sources such as dry cleaners, and stationary sources such as factories or refineries. A 2007 Environmental Protection Act rule requires controls that would dramatically decrease mobile source air toxics emissions through cleaner fuels and cleaner engines. According to an Federal Highway Administration analysis using the Environmental Protection Act MOBILE6.2 model, even if vehicle activity (vehicle-miles traveled) increases by 145 percent, as assumed, a combined reduction of 72 percent in the total annual emission rate for the priority mobile source air toxics is projected for 1999 to 2050 (see Figure 2.6). Using the EMFAC2007 emission model in place of the MOBILE6.2 model, the projected reduction in mobile source air toxics emissions would be slightly different in California. In September 2009, the Federal Highway Administration issued guidance to advise its division offices as to when and how to analyze mobile source air toxics in the national Environmental Policy Act process for highways. This analysis follows the Federal Highway Administration guidance. For each of the project alternatives, the amount of emitted mobile source air toxics would be proportional to the vehicle-miles traveled, assuming that other variables such as fleet mix are the same for each alternative. The proposed project is an interchange construction project that increases the capacity of Veterans Boulevard. This type of project improves roadway operations by reducing traffic congestion and improving traffic operations. The proposed build alternatives would reduce the delay at a majority of the intersections in the project area. For all future alternatives (No-Build Alternative and build alternatives), emissions are projected to be lower than present levels in the design year as a result of the Environmental Protection Act’s national control programs projected to reduce mobile source air toxics emissions by 72 percent between 1999 and 2050. 15 | Page Figure 2.6: National Mobile Source Air Toxics Emission Trends Local conditions may differ from these national projections in terms of fleet mix and turnover, vehicle-miles travelled growth rates, and local control measures. However, the magnitude of the Environmental Protection Act-projected reductions is so great (even after accounting for growth in vehicle-miles traveled) that mobile source air toxics emissions in the study area are likely to be lower in the future. In summary, due to the level of service improvements, it is expected that there would be similar or lower mobile source air toxics emissions in the study area relative to the No- Build Alternative. The Environmental Protection Act’s vehicle and fuel regulations, coupled with fleet turnover, would over time cause substantial reductions that, in almost all cases, would cause region-wide mobile source air toxics levels to be substantially lower than they are today. Air Quality Mitigation Measures The following measures will reduce or minimize air pollutant emissions associated with construction activities: • To reduce fugitive dust emissions the construction contractor would adhere to the requirements of San Joaquin Valley Air Pollution Control District Regulation VIII. • The construction contractor shall comply with Caltrans’ Standard Specifications Section 7-1.01F and Section 10 of Caltrans’ Standard Specifications. 16 | Page • The construction contractor shall comply with San Joaquin Valley Air Pollution Control District Rule 9510 and submit and air impact assessment application, if it is determined that the construction-related emissions exceed the established thresholds. • The construction contractor would comply with San Joaquin Valley Air Pollution Control District Rule 4102 – Nuisance. • Any architectural coatings would comply with the volatile organic compounds limits listed in San Joaquin Valley Air Pollution Control District Rule 4601. • Any source of hazardous pollutants would comply with the limits listed in San Joaquin Valley Air Pollution Control District Rule 4641. • In the event an existing building would be renovated, partially demolished, or removed, the project could be subject to District Rule 4002. Consistent with Regulation VIII, fugitive particulate matter 10 prohibitions of the San Joaquin Valley Air Pollution Control District, the following controls are required to at all construction sites and as specifications for the project: • All disturbed areas, including storage piles not being actively used for construction purposes would be effectively stabilized for dust emissions with water, chemical stabilizer/suppressant, a tarpaulin or other suitable cover, or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads would be effectively stabilized for dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities would be effectively controlled for fugitive dust emissions by applying water or by presoaking. • When materials are transported off-site, all material would be covered or effectively wetted to limit visible dust emissions and at least six inches of freeboard space from the top of the container would be maintained. • All operations would limit or quickly remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) • Following the addition or removal of materials from the surface of outdoor storage piles, the piles would be stabilized for fugitive dust emission by using water or chemical stabilizer/suppressant. • Within urban areas, track-out would be immediately removed when it extends 50 or more feet from the site and at the end of each workday. • Any site with 150 or more vehicle trips per day would prevent carryout and track-out. Construction of the project requires the implementation of control measures set forth under Regulation VIII. The following additional control measures would further reduce construction emissions and should be implemented with the project: • Limit traffic speeds on unpaved roads to 15 miles per hour. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent. 17 | Page • Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site. • Install wind breaks at the windward side(s) of the construction area. • Suspend excavation and grading activity when winds exceed 20 miles per hour (regardless of wind speed, an owner/operator must comply with the Regulation VIII 20 percent opacity limitation). • Limit area excavation, grading, and other construction activity at any one time. The following construction equipment control measures would reduce construction exhaust emissions: • Properly and routinely maintain all construction equipment, as recommended by the manufacturer manuals, to control exhaust emissions. • Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling emissions. • Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use. • Curtail construction during periods of high ambient pollutant concentrations; this may include stopping of construction activity traffic peak hours on adjacent roadways. Significance after Mitigation Implementation of the above mitigation measures would minimize air quality construction impacts to less than significant. Finding on Proposed Mitigation The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to construction-related air quality impacts identified in the EIR. Biological Resource Impacts 1. Potential substantial adverse effect on state of federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means? The project will result in 0.159 acre of permanent and 0.070 acre of temporary impacts to waters of the U.S. at the Herndon Canal. Permanent impacts will be due to construction of the new road and placement of a box culvert in Herndon Canal. A 30- foot buffer around the new box culvert has been designated as a temporary impact area to allow for construction of the box culvert crossing. 18 | Page The project will also result in permanent and temporary impacts to additional non- jurisdictional waters as a result of project construction, including 0.003 acre of permanent impacts to an upland irrigation ditch, 0.1 acre of temporary impacts to a retention basin, and 0.006 acre of temporary impacts to an upland irrigation ditch. No permanent impacts to the constructed basins will occur (see Table 2.27). Permits from the U.S. Army Corps of Engineers and Regional Water Quality Control Board will likely be required for placement of the culvert in Herndon Canal. Table 2.27 Impacts to Waters of the U.S. (acres) Type Permanent Temporary Total Total potential jurisdictional Waters of the U.S. at Herndon Canal 0.159 0.070 0.229 Retention Basin 0.000 0.100 0.100 Upland irrigation ditch 0.003 0.006 0.009 Total non-jurisdictional waters 0.003 0.106 0.109 Source: Natural Environment Study (April 2011) Biological Resource Mitigation Measures (Impact 1) • U.S. Army Corps of Engineers will determine any compensatory mitigation required during the Nationwide Permit process. Mitigation for impacts to jurisdictional waters of the United States may require payment into a mitigation bank and/or payment of an ‘in- lieu fee’. • Prior to issuance of grading permits, the agency in favor of the project will obtain any additional required permits such as a Regional Water Quality Control Board 401 Water Quality Certification. • All clearing will be confined to the minimal area necessary to allow construction activities. Work areas will be clearly flagged or fenced prior to start of construction to avoid impacting adjacent areas. • Measures consistent with the current Caltrans Construction Site Best Management Practices manual (including the Storm Water Pollution Prevention Plan and Water Pollution Control Program Manuals [http://www.dot.ca.gov/hq/construc/ Construction_Site_BMPs.pdf]) will be used to minimize impacts to waters of the U.S. during construction. • A Water Pollution Control Program will be prepared by the contractor with required Regional Water Quality Control Board provisions. The Water Pollution Control Program will contain a Spill Response Plan with instructions and procedures for reporting spills, the use and location of spill containment equipment, and the use and location of spill collection materials. 19 | Page Significance after Mitigation Implementation of the above mitigation measures would minimize wetlands-related impacts to less than significant. Finding on Proposed Mitigation The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to wetlands. Biological Resource Impacts 2 and 3 2. Potential substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of fish and Game or U.S. Fish and Wildlife Service. 3. Potential substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game of US Fish and Wildlife Service? Bats Demolition and removal of bat roosts could cause roost abandonment or direct mortality of adult bats or their young. Construction during the day in spring and summer could adversely affect bat nursery colonies at a critical phase of breeding, resulting in significant impacts to bats. The project will permanently remove 47.4 acres of orchards that provide potential roosting and foraging habitat for bats. Additionally, up to 63.6 acres of other agricultural fields, grassland, and ruderal/disturbed habitat will be permanently removed. These habitats provide potential foraging areas for bat species. Access and staging areas totaling 41.3 acres will be temporary impacts to potential bat foraging habitat. Western Burrowing Owl The project will permanently remove a maximum of 105 acres of non-native grasslands and agricultural land that provide potential burrows and foraging habitat for the western burrowing owl. Additionally, up to 66 acres of this habitat will be temporarily affected by access and staging areas. Construction activities such as nearby noise or disturbance that damage burrows or prevent adult bats and their young from normal foraging activities could adversely affect the owls. Displacement from burrows could directly affect burrowing owls. 20 | Page White-tailed Kite The project will result in 63.6 acres of permanent and 41.3 acres of temporary impacts to non-native grasslands, non-orchard agricultural fields, and ruderal/disturbed areas that provide suitable foraging habitat for white-tailed kite. White-tailed kites could nest in trees along State Route 99 and Golden State Boulevard. Construction during the breeding season could disturb nesting activities, possibly resulting in nest abandonment, loss of young and reduced health and vigor of eggs and/or nestlings. Removal of any active nest or otherwise injuring, pursuing or killing a white-tailed kit or their young or eggs is prohibited under the California Endangered Species Act and the Migratory Bird Treaty Act and will constitute a substantial impact. Implementation of preconstruction surveys and avoidance and minimization measures will prevent direct impacts to white-tailed kits. California Horned Lark The project will remove a maximum of 57.6 acres of non-native grasslands and agricultural fields that provide potential nesting and foraging habitat for this species. Up to 37.1 additional acres of these habitats will be temporarily affected by access and staging areas. Construction during the breeding season could disturb nesting activities, possibly resulting in nest abandonment, loss of young and reduced health and vigor of eggs and/or nestlings. Loggerhead Shrike Loggerhead shrikes could nest in the biological study area. Construction during the breeding season could disturb nesting activities, possibly resulting in nest abandonment, loss of young, and reduced health and vigor of eggs and/or nestlings. California Linderiella Fairy Shrimp Direct impacts to California linderiella fairy shrimp and California linderiella fairy shrimp habitat include grading, disking, filling, excavating, or paving areas of ponding water within the biological study area. Three of the 11 seasonal depressions totaling 0.558 acre of potential California linderiella fairy shrimp habitat will be directly affected by road construction. Indirect impacts to California linderiella fairy shrimp and California linderiella fairy shrimp habitat include altering the drainage patterns around the area of ponding water within a 250-foot buffer. Hydrology to pooling areas may be disrupted, increased, or decreased. Impacts to hydrology may negatively affect the pooling areas. In addition, construction related wash water or petrochemicals from equipment leaks could enter the pooling areas, adversely affecting water quality and directly killing any shrimp present. Project activities that occur within 250 feet of California linderiella fairy shrimp habitat are considered indirect effects. Eight seasonal depressions consisting of 0.312 acre of 21 | Page potential California linderiella fairy shrimp habitat is within 250 feet of project construction and will be affected indirectly by road construction. Swainson’s Hawk The project will result in 63.6 acres of permanent and 41.3 acres of temporary impacts to non-native grasslands, non-orchard agricultural fields, and ruderal/disturbed areas that provide suitable foraging habitat for Swainson’s hawk. If Swainson’s hawks are nesting in or near the biological study area, construction during the breeding season could disturb nesting activities, possibly resulting in nest abandonment, loss of young birds, and reduced health and vigor of eggs and/or nestlings. Removal of any active nest or otherwise injuring, pursuing, or killing a Swainson’s hawk or their young or eggs is prohibited under the California Endangered Species Act and the Migratory Bird Treaty Act and would constitute a substantial impact. The proposed project will not result in ‘take’ of any species listed as threatened or endangered under California Endangered Species Act. Therefore, no California Department of Fish and Game incidental take permit is required. If Swainson’s hawk or other nesting migratory birds or California burrowing owls are found during pre- construction surveys, the California Department of Fish and Game will be consulted to determine avoidance and minimization measures and any mitigation measures that may be required. Valley Elderberry Longhorn Beetle On May 18, 2012 the United States Fish and Wildlife Service issued a Biological Opinion (found in Appendix J) with concurrence for a “no effect” determination for impacts to the Valley elderberry longhorn beetle. This determination is conditional upon the avoidance and minimization measures beginning on page 201 of this document, that the proposed project would not impact Valley elderberry longhorn beetle or its host plant. Should any of the conditions change, as part of the for formal consultation process, coordination with the resource agency would occur. Vernal Pool Fairy Shrimp Direct impacts to vernal pool fairy shrimp and vernal pool fairy shrimp habitat include grading, disking, filling, excavating or paving areas of ponding water within the biological study area. Three of the 11 seasonal depressions cannot be avoided and will be directly affected due to road construction. Direct impacts to vernal pool fairy shrimp habitat total 0.558 acre. Indirect impacts to vernal pool fairy shrimp and vernal pool fairy shrimp habitat include altering the drainage patterns around the area of ponding water within a 250-foot buffer. Hydrology to pooling areas may be disrupted or increased or decreased, negatively 22 | Page affecting the pooling areas. Construction related wash water or petrochemicals from equipment leaks could enter the pooling areas, adversely affecting water quality and directly killing any shrimp present. Project activities that occur within 250 feet of vernal pool fairy shrimp habitat are considered indirect effects. Eight seasonal depressions consisting of 0.312 acre of potential vernal pool fairy shrimp habitat are within 250 feet of project construction. The depressions, therefore, will be indirectly affected by road construction. The proposed project is likely to adversely affect vernal pool fairy shrimp and/or its habitat. The species is listed as endangered under Federal Endangered Species Act. Due to the implementation of the avoidance and minimization measures, however, the proposed project will have no effect on vernal pool fairy shrimp. Consultation with United States Fish and Wildlife Service for impacts to vernal pool fairy shrimp is required under Section 7 of Federal Endangered Species Act and a Biological Assessment was prepared and submitted to United States Fish and Wildlife Service on August 4, 2011 to address these impacts. On August 4 and September 21, 2011 Caltrans, acting as the federal lead for National Environmental Policy Act, initiated consultation with United States Fish and Wildlife Service. The United States Fish and Wildlife Service issued a Biological Opinion May 18, 2012. United States Fish and Wildlife Service concurred with Caltrans’ determination that the project is likely to adversely affect vernal pool fairy shrimp. The mitigation proposed for effects to the vernal pool fairy shrimp is consistent with the mitigation set forth in the United States Army Corps of Engineers Programmatic Biological Opinion on Listed Vernal Pool Crustaceans dated February 28, 1996 (Appendix F). It is anticipated that the United States Fish and Wildlife Service will conclude that the mitigation proposed for effects to the vernal pool fairy shrimp will adequately compensate for impacts to this species. Biological Resource Mitigation Measures (Impacts 2 and 3) Bats The following avoidance and minimization measures will minimize any potential impacts to special status bats: • The year prior to the start of construction, focused bat roosting surveys will determine whether the trees in the biological study area provide roosting habitat for bat colonies. Focused roosting surveys should be conducted between April 1 and September 15 when bats are most likely present in the biological study area. Focused day surveys will search for day roosting bats, suitable entry points, roost cavities or crevices, and bat carcasses, fecal matter and urine staining. If bats are found to occupy the biological 23 | Page study area, a qualified bat biologist must conduct focused day and night emergence surveys to determine population size and bat species present. The bat biologist will use this information to prepare a Bat Exclusion and Mitigation Plan to be approved by the City of Fresno, California Department of Fish and Game, and Caltrans. Bats can only be evicted from their roosting colonies between March 1 to April 15 and August 15 to October 15. If bats were not detected during focused surveys, or if bats were evicted, a preconstruction bat survey of all structures and trees to be affected by the project would be done no more than 14 days prior to construction start by a qualified biologist familiar with bats, their habitats, and identification of bat sign. Western Burrowing Owl • The year prior to construction start, protocol level surveys for burrowing owl in accordance with the California Department of Fish and Game Staff Report on Burrowing Owl (1995) must be conducted to determine use of the biological study area by burrowing owls and to allow time to develop a Burrowing Owl Mitigation Plan in consultation with the California Department of Fish and Game. • A preconstruction survey for nesting burrowing owls will be conducted in the biological study area and vicinity by a qualified biologist no more than 30 days prior to initiation of earthmoving activities. Any active burrow found during preconstruction surveys will be mapped on the construction plans. If no active burrows are found, no further avoidance, minimization, or mitigation measures are required. Results of preconstruction surveys will be provided to the California Department of Fish and Game. • If burrowing owls are observed within the biological study area during either the year prior to construction or the 30 day preconstruction surveys, a Burrowing Owl Mitigation Plan will be developed by a qualified biologist in cooperation with the California Department of Fish and Game. The mitigation plan will likely require no disturbance to occur within 60 feet of occupied burrows during the non-breeding season (September 1 through January 31) or within 250 feet (or otherwise determined by the biologist and the California Department of Fish and Game) during the breeding season (February 1- August 31). If owls must be moved away from the disturbance area, passive eviction and relocation is preferable to trapping. Relocation will only be used during the non- breeding season by a qualified biologist and will occur in coordination with the California Department of Fish and Game. Owls will be excluded from burrows in the immediate impact zone by installing one-way doors in burrow entrances. One-way doors will be left in place 48 hours prior to construction to ensure owls have left the burrow before excavation begins. White-Tailed Kite • Preconstruction surveys for white-tailed kite and their nests in the biological study area and a 0.5-mile buffer around the biological study area are required no more than 14 days prior to construction, if construction is to occur during the nesting season (February 15 to September 1). 24 | Page • All trees scheduled for removal will be removed during the non-nesting season (between September 2 and February 14) to avoid take of a nest or bird. If trees have to be removed during the nesting season, a qualified biologist must first survey these trees for nesting birds. • If white-tailed kites are observed within 0.5 mile of the biological study area, a qualified biologist will evaluate the potential for the proposed project to disturb nesting activities. • If white-tailed kites are observed within 0.5 mile of the biological study area, California Department of Fish and Game will be contacted to review the evaluation and determine if the project can proceed without adversely affecting nesting activities and whether a biological monitor is required. California Department of Fish and Game may require a construction buffer around the nesting birds or may require that construction within 0.5 mile of the nest stop until nesting is complete. California Horned Lark • A preconstruction survey for nesting horned larks will be conducted in the biological study area and a 250-foot buffer established by a qualified biologist no more than 14 days prior to initiation of earthmoving activities if the project is to be constructed during the nesting season (February 15 to September 1). • If nesting horned larks are found within the biological study area, a setback of 500 feet (or as determined as appropriate by the biologist) from the nesting area will be established and maintained during the nesting season from nest building to fledglings leaving the nest. This setback applies whenever construction or other ground disturbing activities must begin when nests are occupied. • Setbacks will be marked by brightly colored temporary fencing. Loggerhead Shrike • A preconstruction survey for nesting loggerhead shrikes will be conducted in the biological study area and a 250-foot buffer established by a qualified biologist no more than 14 days prior to the start of construction or vegetation removal during the nesting season. • If nesting loggerhead shrikes are found within the biological study area, a setback of 500 feet (or as determined appropriate by the biologist) from the nesting area will be established and maintained from February 15 to September 1. • Setbacks will be marked by brightly colored temporary fencing. California Linderiella Fairy Shrimp Minimization measures would include the following provisions: • All on-site construction personnel shall receive pre-construction training by a qualified biologist regarding the assumed presence of California linderiella fairy shrimp and the importance of avoiding impacts to these species and their habitat. 25 | Page • Potential California linderiella fairy shrimp habitat not directly impacted by project construction will be designated as environmental sensitivity areas in the field and clearly indicated as such on project construction plans. • Environmental sensitivity areas will be fenced with brightly colored fencing prior to beginning construction. Environmental sensitivity area fencing will be placed at least 10 feet from the upper edge of the seasonal depressions. No building related activities will be allowed in the environmental sensitivity area. • Best management practices such as straw swaddles will protect California linderiella fairy shrimp habitat from construction runoff. • A qualified biologist will monitor the environmental sensitivity area fence installation and inspect environmental sensitivity area fencing once weekly to ensure compliance. Swainson’s Hawk • All trees scheduled for removal will be removed during the non-nesting season (September 2 to February 14) to avoid take of a nest or bird. All trees to be removed during the nesting season must be cleared by a qualified biologist. • Preconstruction surveys for nesting Swainson’s hawks will be conducted in the biological study area and within a 0.5-mile radius of the biological study area if construction will occur during the nesting season (February 15 to September 1). Surveys will be conducted by a qualified biologist and will occur a maximum of 14 days prior to the start of vegetation clearing and groundbreaking activities. • If nesting Swainson’s hawks are found within 0.5 mile of the biological study area, a qualified biologist, in consultation with the California Department of Fish and Game, will evaluate the potential for project activities to disturb nesting. • California Department of Fish and Game will be contacted to review the evaluation and determine if the project can proceed without adversely affecting nesting activities and whether or not a biological monitor is required. California Department of Fish and Game may require a construction buffer around the nesting birds, a biological monitor to be on-site, or that construction within 0.5 mile of the nest tree stop until nesting is complete. Valley Elderberry Longhorn Beetle • The location of the elderberry shrubs will be marked on the construction plans. • Before groundbreaking activities, the elderberry shrubs will be protected with 4-foot- high orange mesh plastic fencing 100 feet from the edge of the shrub’s drip line. The fencing will be strung tightly on posts set a maximum of 9 feet apart. The fencing will be checked and maintained weekly by a qualified biologist. The area inside the fencing will be designated an environmentally sensitive area and marked as such on the plans. Signs attached to the fencing will mark this area as an environmentally sensitive area and state that “This is habitat of the valley elderberry longhorn beetle, a threatened species, and must not be disturbed. The species is protected by the Endangered Species Act of 1973, as amended. Violators are subject to prosecution, fines, and 26 | Page imprisonment.” No personnel or equipment is allowed access to the environmentally sensitive area at any time. • Dust control best management practices will be used in the environmentally sensitive areas. Dust control measures on un-vegetated areas may include the application of water to graded and disturbed land. To avoid attracting Argentine ants, at no time will water be sprayed within the environmentally sensitive area. • Mandatory preconstruction training by a qualified biologist for the contractor and all personnel working on-site will address the Valley elderberry longhorn beetle, the environmentally sensitive area, and the measures listed above. Vernal Pool Fairy Shrimp Minimization measures will include the following provisions: • All on-site construction personnel will receive preconstruction training by a qualified biologist regarding the assumed presence of vernal pool fairy shrimp and the importance of avoiding impacts to these species and their habitat and the potential penalties for not complying with the conditions and requirements of the biological opinion. • Potential vernal pool fairy shrimp habitat not directly affected by project construction will be designated as environmentally sensitive areas clearly indicated as such on project construction plans. • Prior to construction, environmentally sensitive area fencing would be installed around potential vernal pool fairy shrimp seasonal depression sites outside the project footprint; here, the direct impacts of construction will be avoided. Environmentally sensitive area fencing would be placed at least 10 feet from the edge of these seasonal depressions and no construction-related activities would be allowed within the environmentally sensitive areas. • Best management practices such as straw swaddles would protect vernal pool fairy shrimp habitat from construction runoff. • A qualified biologist would monitor the environmentally sensitive area fence installation and inspect the fencing once weekly to ensure compliance. Chemicals, lubricants, and petroleum products would be monitored closely and precautions used. If a spill occurs, cleanup would take place immediately. All equipment would be maintained such that there would be no leaks of fluids such as gasoline, oils, or solvents. • Habitat areas temporarily impacted by project activities would be restored to their original conditions once construction is completed. A re-vegetation plan would be developed in conjunction with Caltrans' design and landscaping teams to create an appropriate seed mix for the areas. • Compensation is proposed for effects to the vernal pool fairy shrimp as a result of the permanent loss of aquatic habitat in the project area. Compensation is proposed for direct effects to 0.558 acre of aquatic habitat by applying a 1:1 compensation ratio (= 0.558 acre worth of credits). Compensation is also proposed for indirect effects to 0.312 acre of aquatic habitat by applying a 1:1 compensation ratio (= 0.312 acre worth of 27 | Page credits). The total is 0.870 acre worth of credits of vernal pool fairy shrimp aquatic habitat to be purchased at an appropriate U. S. Fish and Wildlife Service-approved conservation bank. Significance after Mitigation Implementation of the above mitigation measures would minimize biological resource impacts to less than significant. Finding on Proposed Mitigation The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to biological resource impacts identified in the EIR. Hazards and Hazardous Materials Impacts Potential to be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment. Petroleum Hydrocarbons During this investigation total petroleum hydrocarbons was detected in elevated concentrations. The following are locations where total petroleum hydrocarbons exceeded the applicable environmental safety limits: • Dakovich property storm-water retention basin • Seal-Rite property aboveground storage tanks • Seal-Rite property canopy maintenance area Concentrations of total petroleum hydrocarbons were found to attenuate at depths between 18 and 24 inches; therefore, these impacts are not considered a threat to groundwater or to human health, considering proposed uses of the site. Heavy Metals Barium, cadmium, total chromium, cobalt, copper, lead, nickel, vanadium, and zinc were detected at the site. These metals were well below regulatory thresholds but above background concentrations. It is possible that soils in the vicinity of the railroad tracks are affected by the presence of heavy metals. The arsenic concentrations at the site were less than background concentrations established for California. These concentrations do not pose an incremental hazard above the hazard associated with naturally-occurring arsenic. 28 | Page Volatile and semi-volatile organic compounds For all properties, samples collected and analyzed for volatile organic compounds and semi-volatile organic compounds were reported not at or above the regulatory thresholds; thus, based on soil sample analytical data, there is no significant hazard. Dioxin/Furan Dioxin was present in one surface-soil sample collected at the site of an agricultural burn area. The concentration was well below the California Human Health Screening Levels. The concentration of dioxin does not pose an environmental threat at the concentrations reported. Aerially Deposited Lead Detected concentrations of total lead and soluble lead were reported in soil samples collected from the area adjacent to the shoulder of Golden State Boulevard. If soil from this area is excavated and removed from the site, it would be non-hazardous waste under California law. Hazards and Hazardous Materials Mitigation Measures Petroleum Hydrocarbons Since the concentrations of total petroleum hydrocarbons exceeded environmental safety limits, mitigation of the affected soil is recommended at the following sites: Veterans Boulevard/State Route 99 Interchange Project/Veterans Boulevard Grade Separation • Dakovich property storm-water retention basin • Seal-Rite property aboveground storage tanks • Seal-Rite property canopy maintenance area • Based on the Preliminary Site Investigation observations, it is estimated the volume of affected soil at these two properties was 5 cubic yards at the Dakovich property and 30 cubic yards at the Seal-Rite property. Excavation of the affected 35 cubic yards of soil from these two properties must occur and be transported to the nearest disposal site accepting Type II and III waste. The nearest waste disposal site that would accept such material is American Avenue Disposal Site at 18950 Western American Avenue in Tranquility, California, 17 miles southwest of the proposed project site. Prior to commencement of construction activities a hauler must be retained by the client. A cost for excavation, removal, transport, and disposal of the 35 cubic yards of affected soil must also be determined. Significance after Mitigation Implementation of the above mitigation measures would minimize hazards and hazardous materials impacts to less than significant. 29 | Page Finding on Proposed Mitigation The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen hazards and hazardous materials impacts identified in the EIR. Paleontological Resources Impacts Potential to cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 1064.5. Potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The surface geology of the project area appears to primarily be composed of the Riverbank Formation and, possibly, the Modesto Formation. A thin layer of soil covers these formations. The Turlock Lake Formation underlies the Riverbank Formation at depth. These three formations have a high potential for significant paleontological resources. Where project excavation extends below any artificial fill that may be present, sensitive fossiliferous Pleistocene sediments and soils derived from these formations would be encountered. Based upon Caltrans guidelines, the Modesto and Riverbank Formations in the project area have high potential for bearing significant vertebrate fossils. These formations are known to contain “significant nonrenewable paleontological resources.” Due to the nature of the fossils within the sedimentary Modesto and Riverbank Formations, those formations cannot be considered to have low potential. Based on geologic mapping and results of the field survey, the Turlock Lake Formation may occur at a depth of four feet within the project area. The Turlock Lake Formation is known to contain “significant nonrenewable paleontological resources”. Due to the nature of the fossils within the sedimentary Turlock Lake Formation, they cannot be considered to have low potential. Any fossils encountered within the project area are expected to be significant for scientific reasons. Fossils that are significant for scientific reasons need to be taken into account under the California Environmental Quality Act. Fossils, or fossil-bearing strata, are only considered to be nationally significant if they consist of or contain “an outstanding example of fossil evidence of the development of life on earth”. Nationally significant fossils are not expected within the project area. The entire project area has been mapped as Pleistocene non-marine. Near the surface, this includes the Middle Pleistocene Riverbank Formation and, possibly, the Upper Pleistocene Modesto Formation. Any excavation in original soils would affect these deposits, potentially disturbing paleontologically sensitive strata. 30 | Page Excavation for roadway construction is not anticipated to go deeper than 3 feet, potentially encountering the fossiliferous Modesto or Riverbank formations. Any excavation that reaches a depth of 4 feet has the potential to encounter the Turlock Lake Formation, potentially disturbing paleontological resources. For project construction, excavation is expected to reach depths greater than 4 feet and perhaps greater than 10 feet for overcrossing and railroad bridge abutments, retaining walls, utility conduit easements, and retention basins. Excavation for traffic signals (30 feet deep) and piles (70 feet deep) would contact the fossiliferous Riverbank and Turlock Lake formations. Paleontological Resources Mitigation Measures The Paleontological Identification Report/Paleontological Evaluation Report recommends as part of a Paleontological Mitigation Plan that excavation monitoring for the project include the following to avoid and minimize impacts to paleontological resources: • Conduct a preconstruction field survey, followed by salvage of any observed surface paleontological resources prior to the beginning of grading. • Attendance at the pre-grade meeting by a qualified paleontologist or a representative. At this meeting, the paleontologist will explain the likelihood of paleontological resources, what resources may be discovered, and the methods that will be employed if anything is discovered. • During construction excavation, a qualified vertebrate paleontologic monitor will initially be present on a fulltime basis whenever excavation occurs within sediments that have a high sensitivity rating and on a spot-check basis in sediments that have a low sensitivity rating. • Paleontological monitor, under the direction of the qualified principal paleontologist would be on-site to inspect cuts for fossils at all times during original grading involving sensitive geologic formations. • In the event fossils are discovered, the paleontologist (or paleontological monitor) would recover them. Construction work in these areas would be halted or diverted to allow recovery of fossil remains in a timely manner. • Fossil remains collected during the monitoring and salvage portion of the mitigation program would be cleaned, repaired, sorted, and cataloged. • Prepared fossils, copies of all pertinent field notes, photographs, and maps would be deposited in a scientific institution with paleontological collections. • A final report will outline the results of the mitigation program. • Where feasible, selected road cuts or large finished slopes in areas of critically interesting geology may be left exposed as important educational and scientific features. This may be possible if no substantial adverse visual impact results. Significance after Mitigation Implementation of the above mitigation measures would minimize impacts to paleontological resources to less than significant. 31 | Page Finding on Proposed Mitigation The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to paleontological resources identified in the EIR. Findings Regarding Environmental Impacts not Mitigated to Less-than-Significant Levels The following significant environmental impact of the project is unavoidable and cannot be mitigated in a manner that would substantially lessen the environmental impact to less-than-significant level. Noise A significant impact will occur under California Environmental Quality Act if the project resulted in a significant noise increase over existing baseline conditions. Whether the significant increase will result in a significant adverse impact is determined based on the context and intensity of the significant noise increase by comparing the existing noise level to the predicted noise level with the project. Modeling results indicate that of the 124 modeled receptor locations, 55 will experience a significant increase (defined as 12 dBA or more) in traffic noise levels for 2035 under with-project conditions compared to the noise levels experienced under existing conditions. These affected modeled receptor locations represent 142 single-family residential units with implementation of Alternative 1 (Base) and 145 single-family residential units with implementation of Alternative 4 (Jug Handle). It should be noted that, as shown in Table 2.24 in the FEIR, no modeled receptor location will experience traffic noise levels that will exceed the City’s maximum allowable noise exposure standard of 65 dBA Ldn1 for residential land uses from transportation noise sources.2 Based on the studies conducted to date as summarized in the noise impact analysis of this document, there are no abatement or mitigation in the form of sound barriers that will be considered reasonable for this project. Therefore, the affected residences will experience a significant and unavoidable increase in noise levels with implementation of the proposed project. If during final design, conditions have substantially changed, noise abatement may be determined necessary. The final decision on noise abatement will be made upon completion of the project design and the public involvement processes. Noise Mitigation Measures Construction Noise Abatement To minimize the construction noise impact for sensitive land adjacent to the project site, construction noise is regulated by Caltrans Standard Specifications Section 7-1.0011, 32 | Page “Sound Control Requirements”. Section 7-1.0011 states that noise levels generated during construction will comply with applicable local, state, and federal regulations and that all equipment will be fitted with adequate mufflers according to the manufacturer’s specifications. No adverse noise impacts from construction are anticipated because construction will occur in accordance with Caltrans Standard Specifications Section 7-1.011 and applicable local noise standards. Construction noise will be short-term and intermittent. The following measures will minimize temporary construction noise impacts: • All equipment will have sound-control devices that are no less effective than those provided on the original equipment. No equipment will have an unmuffled exhaust. • As directed by Caltrans, the contractor will implement appropriate additional noise abatement measures including changing the location of stationary construction equipment, turning off idling equipment, rescheduling construction activity, notifying adjacent residents in advance of construction work, and installing acoustic barriers around stationary construction noise sources. Significance after Mitigation While the above mitigation measures will reduce construction noise, the DEIR and FEIR determined that there were no feasible noise mitigation measures available to mitigate the noise generated by project operations (traffic noise). Therefore, the impact would remain significant and unavoidable. Finding on the Proposed Mitigation The City finds that the impact would remain significant and unavoidable because no feasible mitigation measures are available to mitigate operational noise. Therefore, the City finds that specific economic, legal, social, technological or other considerations make this mitigation infeasible to fully reduce the impact to a less-than-significant level. 5.2 Mitigation Monitoring Mitigation Measures were made a condition of approval for the project when the Veterans Boulevard Project EIR was certified by Caltrans. The City of Fresno will coordinate with the Lead Agency to ensure compliance with all applicable mitigation measures and project conditions in implementing this portion of the Veterans Boulevard Project. 33 | Page 6. Project Alternatives Where a lead agency has determined that, even after the adoption of all feasible mitigation measures, a project as proposed will still cause one or more significant environmental effects that cannot be substantially lessened or avoided, the agency, prior to approving the project as mitigated, must first determine whether, with respect to such impacts, there remains any project alternatives that are both environmentally superior and feasible within the meaning of CEQA. As noted under the heading “Findings Required under CEQA,” an alternative may be “infeasible” if it fails to achieve the lead agency’s underlying goals and objectives with respect to the project. Thus, “feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors” of a project (City of Del Mar v. City of San Diego [1982] 133 Cal.App.3d 401, 417). 6.1 Alternatives Considered but Ultimately Rejected The Lead Agency and their Project Development Team explored a number of alternatives for the Veterans Boulevard interchange during the Project Study Report phase. Alternative 2 Alternative 2 was included in the Project Study Report and maintains the same interchange configuration as the base alternative but would provide a new connector road from Golden State Boulevard north of Veterans Boulevard to Veterans Boulevard east on Golden State Boulevard and the Union Pacific Railroad tracks. This alternative would require bringing the connector road under the railroad, lowering Golden State Boulevard to match grade with the connector road, constructing of a new structure to bring the railroad over the connector road (underpass), building a temporary mainline railroad track for use during construction of the new railroad underpass structure, erecting retaining walls in various locations, and requiring a permanent storm-water pumping station for Golden State Boulevard and the connector road. Alternative 2 is no longer being considered because of the close spacing between the Veterans Boulevard/Bullard Avenue and Veterans Boulevard/Golden State Boulevard Connector intersections. Although operations analysis indicates that these intersections would operate at level of service E, the close spacing of these intersections would cause a reduced quality of operations on Veterans Boulevard, there is a concern with the on-going maintenance cost of the railroad structure and the pump station and reduced access for future business along the depressed portion of Golden State Boulevard. 34 | Page Alternative 3 Alternative 3 was included in the Project Study Report and maintains the same interchange configuration as the Alternative 1 but would provide a new connector road from Golden State Boulevard north of Veterans Boulevard to Bullard Avenue north of Veterans Boulevard east of Golden State Boulevard and the Union Pacific Railroad tracks. This alternative would require bringing the connector road under the railroad, lowering Golden State Boulevard to match grade with the connector road, building a new structure to bring the railroad over the connector road (underpass), building a temporary mainline railroad track for use during construction of the new railroad underpass structure, erecting retaining walls in various locations, and placing a permanent storm-water pumping station for Golden State Boulevard and the connector road. Alternative 3 is no longer being considered because of the closely spaced intersections with Veterans Boulevard/Bullard Avenue and the connection road. The queuing for the intersections would spillback into the adjacent intersections creating an unacceptable level of service F in 2035. In addition to poor traffic operations, Alternative 3 has similar issues as Alternative 2: on-going maintenance cost of the railroad structure and the pump station and reduced access for future business along the depressed portion of Golden State Boulevard. During the Project Development Team meetings with Caltrans and the stakeholders, it was decided to drop these alternatives from further analysis due to an inability to achieve operational performance, and justify right-of-way impacts and cost. 6.2 Alternatives Considered in the EIR Two build alternatives and a No-Build Alternative have moved forward for evaluation in this document. This section describes the alternatives under consideration, compares similarities and differences between the alternatives, explains why other alternatives were dropped from further consideration, and provides a comparison of how the alternatives meet the purpose and need Common Design Features of the Build Alternatives All build alternatives (Alternative 1 and Alternative 4) include a Type L-9 partial cloverleaf interchange connection onto State Route 99 at the same location. In addition to the new interchange and local roadway, a new grade separation crossing over the Union Pacific Railroad tracks and Golden State Boulevard would be built. The alternatives propose various designs for the connection of Veterans Boulevard to Golden State Boulevard and the railroad grade separation as discussed in Section 1.3. Veterans Boulevard Interchange The proposed Veterans Boulevard interchange is a partial cloverleaf interchange with six ramps connecting State Route 99 to Veterans Boulevard. The L-9 interchange configuration allows for continuous right-turn vehicular movements onto State Route 99, 35 | Page minimizing congestion for high traffic-volume interchanges. Because left-turn movements from Veterans Boulevard to State Route 99 are eliminated, the signalized intersections function efficiently with a two-phase operation. The freeway ramps are designed using Highway Design Manual standards, including auxiliary lanes where applicable. Typical lane widths are 12 feet with 8-foot-wide outside and 4-foot-wide inside shoulders. The overcrossing would be a two-span structure with columns in the State Route 99 median. The two spans allow for State Route 99 expansion to the ultimate eight-lane facility and the loop on-ramps. The structure has a total span length of 284 feet with one span at 144 feet and the other at 140 feet. It would be a cast-in-place post-tensioned box girder structure and would provide the required minimum vertical clearance of 16 feet 6 inches. Arterial Roadways The proposed interchange would construct a new north-south six-lane divided arterial version of Veterans Boulevard that would extend north to Herndon Avenue and south to West Shaw Avenue. Local Streets and Intersections To handle the new Veterans Boulevard arterial, a controlled at-grade crossing would be built at Veterans Boulevard and Hayes Avenue. Contractor access and construction tasks would temporarily affect other local streets during construction. Pedestrian and Bicycle Facilities The corridor along Veterans Boulevard also contains a 12-foot-wide Class 1 trail. This trail was designed to increase pedestrian and bicycle safety throughout the corridor. The 12-foot-wide trail runs from Herndon Avenue to Shaw Avenue on the north side of Veterans Boulevard. In order to increase pedestrian and bike safety at the southbound loop on-ramp, which has the heaviest ramp traffic volume, the trail mirrors the alignment with the southbound loop on-ramp. It proceeds to the southbound loop on-ramp and diagonal off-ramp and connects to an existing section of the Class 1 trail about 550 feet west of the proposed undercrossing. The minimum vertical clearance for this trail under the southbound diagonal off-ramp is 8 feet. Structures The proposed interchange is a Type L-9 partial-cloverleaf interchange. Veterans Boulevard is a six-lane super arterial and would include a grade separation over the Union Pacific Railroad tracks. The structure would include a new two-span, cast-in- place, post-tensioned concrete box girder structure on Veterans Boulevard over State Route 99. The new structure would provide the required vertical clearances with State Route 99. The project also includes a single-span cast-in-place post-tensioned concrete box girder structure on Veterans Boulevard over both Golden State Boulevard and Union Pacific Railroad tracks. 36 | Page Drainage Additional drainage improvements are required along State Route 99 because of the increase in paved surfaces and subsequent water runoff. Drainage improvements would include surface and subsurface drains, retention/detention basins, and pump facilities. Each terminal drainage location would include improvements to remove roadway contaminants from the runoff before discharging into the watershed. Alternative 1—Base The base alternative (see Figure 1.4a Project Plans; Figure 1.4b 3D Overview) includes construction of a Type L-9 interchange connecting Veterans Boulevard to State Route 99; a Veterans Boulevard overcrossing that spans Golden State Boulevard (the span has left-turn connections to and from Golden State Boulevard); and a Veterans Boulevard overcrossing that spans the Union Pacific Railroad tracks before extending from Shaw Avenue to Herndon Avenue. Veterans Boulevard would accommodate future planned roadway connections. The realignment of a portion of Herndon Avenue would connect with Veterans Boulevard. Golden State Boulevard’s northbound and southbound lanes connect to Veterans Boulevard via single-lane ramps that diverge from the median of Golden State Boulevard to an at-grade intersection with Veterans Boulevard. Likewise, the connections from Veterans Boulevard to Golden State Boulevard contain single-lane ramps that converge to the median of Golden State Boulevard. The structure over State Route 99 would be a two-span structure with columns in the State Route 99 median. The two spans allow for the expansion of State Route 99 to the ultimate eight-lane facility and the loop on-ramps. The structure length has a total span of 284 feet with one span at 144 feet and the other at 140 feet. With construction of the northbound and southbound ramps from Golden State Boulevard to Veterans Boulevard, the base alternative requires two structures. Both structures have a cross-sectional width of 142 feet 10 inches and are cast-in-place post- tensioned concrete box girders. The first is a 245-foot single-span structure that travels along Veterans Boulevard over the Union Pacific Railroad right of way and the proposed northbound Golden State Boulevard lanes. This structure has a vertical clearance of 23 feet 4 inches over the existing railroad tracks. The second structure spans a total of 105 feet and travels along Veterans Boulevard over the southbound Golden State Boulevard lanes. This structure has a vertical clearance of 15 feet. Alternative 4—Jug-Handle This alternative has been identified as the preferred alternative (see section 1.4.4). The jug-handle alternative (see Figure 1.5a Project Plans; Figure 1.5b 3D Overview) constructs a Type L-9 interchange connecting Veterans Boulevard to State Route 99; a Veterans Boulevard overcrossing that spans Golden State Boulevard (with connecting hook ramps); and a Veterans Boulevard overcrossing that spans the Union Pacific Railroad tracks before extending from Shaw Avenue to Herndon Avenue. Veterans Boulevard would accommodate future planned roadway connections and the realignment of a portion of Herndon Avenue to connect with Veterans Boulevard. 37 | Page The jug-handle alternative connects to Veterans Boulevard via jug-handle shaped ramps to Golden State Boulevard. This alternative realigns Golden State Boulevard to the west and provides a Golden State Boulevard overcrossing for the Veterans Boulevard traffic. This proposed overcrossing would be a two-span structure with widths of 75 feet 9 inches and 77 feet 9 inches along the Veterans Boulevard alignment. The 153-foot 6-inch span length provides a minimum vertical clearance of 15 feet over the roadway section. It is a cast-in-place, post-tensioned concrete box girder with an overall section width of 136 feet 10 inches. Two at-grade intersections were added at the locations where the jug-handle ramps connect with Golden State Boulevard. From there, the 925-foot-long ramp to the south of Veterans Boulevard, and the 1,115-foot-long ramp to the north of Veterans Boulevard connect to the proposed Veterans Boulevard. Both the south and north ramps are two- way, two-lane ramps that provide right-in and right-out turn movements to and from Veterans Boulevard. The ramps also provide fully signalized intersections at the connections to Golden State Boulevard. The notable difference between the south and north ramps is the north ramp has a standard 10-foot-wide sidewalk section whereas the south ramp does not provide pedestrian access. The structure over the Union Pacific Railroad would be a three- span structure with a total length of 350 feet. From east to west, the span lengths are 95 feet, 150 feet, and 105 feet. The columns are just outside the Union Pacific Railroad operational right-of-way. This structure also has a vertical clearance of 23 feet 4 inches above the existing railroad tracks. The current estimated cost for Alternative 4–Jug- Handle is $115,000,000. This includes the cost of extending Veterans Boulevard and the interchange. Transportation System Management and Mass Transit Alternatives, Transportation Demand Management Alternative Transportation System Management measures alone would not satisfy the purpose and need of the project. The Transportation System Management and Mass Transit Alternatives, Transportation Demand Management Alternative would provide commuters with an alternative to driving and some congestion relief. It would not provide congestion relief to the extent of the proposed project. The management alternative would not provide consistency with existing and planned local and regional development, nor could it accommodate local development. The following Transportation System Management measures would be incorporated into the build alternatives for this project: • The project improvements on Veterans Boulevard and State Route 99 interchange would include changeable message signs and video cameras for congestion monitoring as well as integration of the ramp metering equipment included with the four interchange projects. 38 | Page • Planned pedestrian facilities include a 12-foot-wide Class I bikeway/bike and pedestrian path on the north side, and a Class II bikeway/bike path on both sides of Veterans Boulevard. No Build Alternative The No-Build Alternative would not construct a new interchange on State Route 99. Vehicles would continue using the existing interchanges at Herndon Avenue and Shaw Avenue. It is anticipated the existing Shaw Avenue interchange would operate at unacceptable levels of service by 2015, according to City of Fresno and Caltrans level of service standards, during the peak hours under No-Build Alternative conditions. Although construction of the Veterans Boulevard/State Route 99 Interchange Project does not increase the level of service at the existing Shaw Avenue intersections with the State Route 99 ramps, there would be a decrease in the delay times by 15 to 92 percent. The Herndon Avenue intersections with the State Route 99 ramps would operate at level of service F by 2035 under the No-Build condition. With the Veterans Boulevard Project, the ramp intersections would operate at level of service B to E in the morning and operate at level of service F in the evening. The No-Build Alternative would result in excessive delays and poor traffic operations for State Route 99. The No-Build Alternative would not accommodate the anticipated circulation needs of planned developments in the project area. Additionally, the No-Build Alternative is not consistent with local and regional system planning and does not meet the project purpose and need identified earlier in this document. If the No-Build Alternative is selected, levels of service would degrade to unacceptable levels, resulting in severe congestion and gridlock. Along with the congested conditions, air quality would also degrade, potentially exceeding federal and state standards for various emissions. Comparison of Alternatives The two build alternatives are similar in their impacts to the project area, with the exception of acres of affected farmland (see Table 1.2). The No-Build Alternative would have no additional impacts to the project area. For the full discussion and comparison of project alternatives please see Section 1.4, Alternatives. For the full discussion of potential impacts, please see Chapter 2 of the FEIR. 39 | Page 40 | Page After the public circulation period, all comments were considered. Caltrans then selected a preferred alternative and made the final determination of the project’s effect on the environment. In accordance with California Environmental Quality Act, Caltrans certified the project complies with California Environmental Quality Act Caltrans filed a Notice of Determination with the State Clearinghouse on July 1, 2013 identifying the project did not have significant impacts, that mitigation measures were included as conditions of project approval, and that findings were made pursuant to the provisions of CEQA. Identification of a Preferred Alternative The Caltrans Project Development Team evaluated the alternatives for environmental impacts, considered the community input and public comments, and performed a cost analysis for each alternative. The Jug-Handle alternative was selected as the preferred alternative for the project. Several factors, including cost, traffic operations, environmental impacts, and design, were taken into consideration during the selection of the preferred alternative. The estimated cost for Alternative 4–Jug-Handle is $115 million, while the estimated cost of the base alternative is $111 million, where the jug-handle alternative would cost $4 million (estimated) more than Alternative 1–Base. At the Veterans Boulevard and Golden State Boulevard intersection, Alternative 4–Jug- Handle operates at level of service A during both peak hours, while the base alternative operates at level of service C during the morning peak hour and level of service E during the evening peak hour. The right-in/right-out-only design of the jug-handle alternative allows the Veterans Boulevard and Golden State Boulevard intersection to operate better than the dual left-turn lanes of Alternative 1–Base. 41 | Page Along Golden State Boulevard, the jug-handle alternative allows full access to parcels between State Route 99 and Golden State Boulevard. For the base alternative, northbound traffic would not have access to parcels between State Route 99 and Golden State Boulevard for roughly 1 mile due to the ramps connecting Golden State Boulevard and Veterans Boulevard. The jug-handle alternative provides better access to parcels along the corridor than the base alternative. For pedestrians and bicycles, the jug-handle alternative connects Veterans Boulevard and Golden State Boulevard with conventional pedestrian-friendly crosswalks at a signalized intersection. The base alternative’s ramps merge into Golden State Boulevard similarly to freeway entrance and exit ramps. The ramps are designed for high-speed travel and are not desirable crosswalk locations. The jug-handle alternative provides a safer facility for pedestrians and bicycles. 7. Statement of Overriding Considerations Pursuant to Section 21081 of the California Public Resources Code and Section 15093 of the CEQA Guidelines, the City adopts and makes the following statement of overriding considerations regarding the remaining significant unavoidable impacts of the project, as discussed above, and the anticipated economic, social, and other benefits of the project. Based on the record of proceedings, the City finds and determines that (1) the majority of the significant impacts of the project will be reduced to less-than-significant levels by implementation of the mitigation measures recommended in these findings; (2) the City’s approval of the project as proposed will result in certain significant adverse environmental effects that cannot be avoided or reduced to a less-than-significant level even with the incorporation of all feasible mitigation measures into the project; and (3) there are no other feasible mitigation measures or feasible project alternatives that will further mitigate, avoid, or reduce to a less-than significant level the remaining significant environmental effects. In light of the environmental, social, economic, and other considerations identified in the findings for the project, the objectives of the project, and the considerations set forth below related to this project, the City chooses to approve the project because, in its view, the economic, social, technological, and other benefits resulting from the project substantially outweigh the project’s significant and unavoidable adverse environmental effects. 42 | Page The following statements identify the reasons why, in the City’s judgment and based on substantial evidence, the benefits of the project outweigh the significant and unavoidable effects. The substantial evidence supporting the enumerated benefits of the project can be found in the preceding findings, which are herein incorporated by reference; in the project itself; and in the record of proceedings as defined above. Each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the project outweigh its significant adverse environmental effects and is an overriding consideration warranting approval. The City finds that the project, as conditionally approved by Caltrans, will have the following economic, social, technological and environmental benefits, which constitute overriding considerations: • The Project provides needed transportation access across State Route 99 to an area planned to accommodate future growth - the area called the West Area (or Development Area 1-North in the Fresno General Plan) • The Project supports the West Shaw Activity Center, a mixed use transit village that is a key component of the Urban Form element of the Fresno General Plan; • If the Project is not constructed, growth may occur outside of the West Area, inconsistent with the City’s General Plan. • If the Project is not constructed, the two adjacent interchanges along SR 99- Herndon and Shaw Avenues- will decline to unacceptable levels. • If the Project is not constructed, air quality will decline in the vicinity of the two adjacent interchanges due to vehicle congestion and idling. • The Project provides vehicular, bicycle and pedestrian access across SR 99, consistent with the City’s complete streets and mobility goals, as the Project includes a Class I bicycle and pedestrian trail • The Project provides economic and social benefits associated with better connecting two Fresno communities: the West Area and Northwest Fresno. Connecting these two areas provides better access to jobs, education, and medical services for the residents living in the West Area. City of Fresno approval of the Class 1 trail along the Veterans Boulevard alignment is a valuable tool in implementing the following objectives and policies from the Fresno General Plan: Objectives: MT-6, MT-7 Policies: UF-1-c, MT-6-b, MT-6-f, MT-6-g The above objectives and policies call for the incorporation and installation of pedestrian and bicycle paths to improve multi-modal transportation options within the City of 43 | Page Fresno. Providing a Class 1 trail along the Veterans Boulevard alignment is essential for implementing these objectives and policies and will facilitate the development of the area as one incorporating multi-modal transportation options. FISCAL IMPACT STATEMENT PROGRAM: Veterans Boulevard Trail Hayes to Polk Avenues PW00706 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost 1,006,790 Indirect Cost 333,200 TOTAL COST 1,339,990 Additional Revenue or Savings Generated Net City Cost 1,339,990 Amount Budgeted (If none budgeted, identify source) 1,163,900 Indirect costs consist of the following: Preliminary Engineering 159,700 Construction Engineering 72,800 Contingency 100,700 Total 333,200 This project is locally funded by Measure “C” Trails, Developer Fee Regional Street Impact Fee and Developer Cash-in-Lieu Improvements. Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague North Veterans Boulevard Trail Project N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00706 Council District: 2 North Veterans Boulevard Trail Project - 1 - DPW-S 23.0 Formal PWI/07-30-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City’s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor’s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from City. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. - 2 - DPW-S 23.0 Formal PWI/07-30-18 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker’s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page. - 3 - DPW-S 23.0 Formal PWI/07-30-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor’s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public Works Dated: ATTEST: YVONNE SPENCE, CRM MMC City Clerk By: Date Deputy No signature of City Attorney required. Standard Document #DPW -S 23.0 has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00105 Agenda Date:2/13/2020 Agenda #:1-B REPORT TO THE CITY COUNCIL February 13, 2020 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:HAN NGO, PE, Professional Engineer Public Works Department, Project Management Section SUBJECT Actions pertaining to the North Blackstone Avenue Overlay between East Ashlan and East Dakota Avenues - Bid File No. 3694 (Council District 7) 1.Adopt a finding of Categorical Exemption for Environmental Assessment No.P18-03981 per staff’s determination,pursuant to Sections 15301/Class 1,15302/Class 2,15303/Class 3,and 15304/Class 4 of the California Environmental Quality Act (CEQA) guidelines 2.Award a construction contract in the amount of $1,782,661 to Avison Construction,Inc.of Madera, California RECOMMENDATIONS Staff recommends that the City Council adopt a finding of Categorical Exemption pursuant to Sections 15301/Class 1,15302/Class 2,15303/Class 3,and 15304/Class 4 of the California Environmental Quality Act (CEQA)guidelines,award a construction contract to Avison Construction, Inc.,of Madera,California in the amount of $1,782,661 as the lowest responsive and responsible bidder,and authorize the Public Works Director or designee to sign the construction contract on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno seeks to extend the life of North Blackstone Avenue between East Ashlan and East Dakota Avenues through street surface restoration and localized reconstruction of the existing pavement.The scope of work will also include modifications of curb ramps to meet Americans with Disabilities Act (ADA)compliance,signal loop detectors,signage,and striping.The project is being funded by the federal Regional Surface Transportation Program (RSTP). City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00105 Agenda Date:2/13/2020 Agenda #:1-B BACKGROUND The City of Fresno Public Works Department has identified a need for street surface restoration along North Blackstone Avenue,approximately 0.5 miles,between Dakota and Ashlan Avenues.In December of 2015,the City of Fresno applied for RSTP funds for the design and construction phases.The funds were obligated and the project was budgeted in the adopted FY17 Capital Budget by City Council.The design started following the Council approval of the consultant contract with Provost &Pritchard consulting Group on May 11,2017.The preliminary engineering design took approximately two years and four months to complete. Notice Inviting Bids was advertised and published in the Business Journal on November 20,2019, and posted on the City’s website.Eight building exchanges received Notice Inviting Bids.The specifications were distributed to 40 prospective bidders.Eight sealed bid proposals were received and opened in a public bid opening on December 17,2019,with the bids ranging from $1,782,661.00 to $2,736,176.95.Avison Construction,Inc.is deemed the lowest responsive and responsible bidder. The apparent low bid price was 5%below the Engineer’s Estimate.The bids will expire 64 days after the bid opening, on February 19, 2020. If the bids are rejected, the project will be rebid resulting in a delay of approximately 60 days. Staff is recommending award of a construction contract to Avison Construction,Inc.,in the amount of $1,782,661 to construct the North Blackstone Avenue Overlay between East Ashlan and East Dakota Avenues and to authorize the Public Works Director or designee to sign and execute the standardized contract on behalf of the City of Fresno.City Attorney has reviewed and approved as to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines,Sections 15301/Class 1 because the project consist of an overlay of the existing roadway,modifications of curb ramps to meet Americans with Disabilities Act (ADA)compliance,installation of traffic signal facilities, crosswalks,signage and pavement striping without increasing its capacity,15302/Class 2 because the project will include the adjustment of existing manholes and valve box which will not expand its use beyond that existing at the time of determination,15303/Class 3 because this project include street improvements consisting of asphalt overlay and will not include new construction of structures, and 15304/Class 4 because this project will include minor excavation of backfilling where the roadway will be restored,which exempts the repair,maintenance or minor alteration of existing structures or facilities,which includes existing streets,sidewalk and gutters,and no further expansion of an existing use,because the project includes overlay.Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2 apply to this project. LOCAL PREFERENCE Local preference was not implemented for this project because this contract is federally funded. City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00105 Agenda Date:2/13/2020 Agenda #:1-B FISCAL IMPACT The project is located in City of Fresno Council District 7.The overall cost of the project is $2,196,800 and is 100%federally funded by Regional Surface Transportation Program (RSTP).The project will not have any impact to the General Fund.Of the total project cost,$1,782,661 will be used for the construction contract award.All funds necessary for the contract award are included in the current fiscal year budget as previously adopted by the Council. Attachments: Bid Evaluation Fiscal Impact Statement Vicinity Map Standardized Contract Environmental Assessment No. P18-03981 City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ FISCAL IMPACT STATEMENT PROGRAM: Blackstone AC Overlay from Dakota to Ashlan Avenues PW00791 TOTAL OR ANNUALIZED RECOMMENDATION CURRENT COST Direct Cost 1,782,661 Indirect Cost 414,139 TOTAL COST 2,196,800 Additional Revenue or Savings Generated Net City Cost 2,196,800 Amount Budgeted (If none budgeted, identify source) 2,072,200 Indirect costs consist of the following: Preliminary Engineering 138,700 Construction Engineering 97,200 Contingency 178,239 Total 414,139 This project is 100% federally funded by Regional Surface Transportation Program (RSTP). Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague North Blackstone Avenue Overlay between East Ashlan and East Dakota Avenues N 01.530.75 Miles DEPARTMENT OF PUBLIC WORKS VICINITY MAP Project ID: PW00791 Council District: 7 North Blackstone Avenue Overlay between East Ashlan and East Dakota Avenues DPW 23.0/01-06-12 FHWA DIV I.pdf 1.28 rev. 03-18 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California municipal corporation (hereinafter referred to as “City”), and [Contractor Name], [Legal Identity] (hereinafter referred to as “Contractor”) as follows: 1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,” and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and [Written Cents Amount] cents ($[Amount]), as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City‟s “Engineer,” and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. City accepts Contractor‟s Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. 4. Indemnification. To the furthest extent allowed by law including California Civil Code Section 2782, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney‟s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor ‟s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker‟s Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker‟s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. DPW 23.0/01-06-12 FHWA DIV I.pdf 1.29 rev. 03-18 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor‟s, and this Contract shall be binding and effective upon execution by both parties. [Contractor Name], [Legal Identity] By: Name: (Type or print written signature.) Title: (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Dated: By: Name: (Type or print written signature.) Title: (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Dated: CITY OF FRESNO, a California municipal corporation By: [Name], [Title] Department of Public W orks Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy No signature of City Attorney required. Standard Document #DPW 23.0 has been used without modification, as certified by the undersigned. By: [City Certifier Name] [City Certifier Title] Department of Public Works City address: City of Fresno Attention: [Name], [Title] [Street Address] Fresno, CA [Zip] Attachment: Form 1273 CITY OF FRESNO CATEGORICAL EXEMPTION ENVIRONMENTAL ASSESSMENT NO. P18-03981 THE PROJECT DESCRIBED HEREIN IS DETERMINED TO BE CATEGORICALLY EXEMPT FROM THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO ARTICLE 19 OF THE STATE CEQA GUIDELINES. APPLICANT: City of Fresno Department of Public Works 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: The proposed project is located within the segment of North Blackstone Avenue between East Ashlan Avenue and East Dakota Avenue PROJECT DESCRIPTION: The proposed project includes repair and construction of new public improvements, facilities and structures within existing public rights-of-way and will provide enhancements for public health and safety purposes. Scope of work and improvements include: asphalt concrete overlay, installation of curb ramps, signal loop detectors, signage and striping This project is exempt under Section(s) 15301/Class 1, 15302/Class 2, 15303/Class 3, 15304/Class 4 of the State of California Environmental Quality Act (CEQA) Guidelines as follows: EXPLANATION: Class 1 exemptions, for projects pertaining to Existing Facilities, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety); Rehabilitation of existing facilities to meet current standards of public health and safety; and, the addition of safety or health protection devices for use in conjunction with existing facilities, including navigational devices. Class 2 exemptions, for projects involving Replacement or Reconstruction, consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Examples include but are not limited to: Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and, conversion of overhead electric utility distribution system to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Class 3 exemptions, for projects proposing New Construction or Conversion of Small Structures, consist of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and, the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. Examples include but are not limited to: Water main, sewage, electrical, gas and other utility extensions, including street improvements of reasonable length to serve such construction. Class 4 exemptions, for projects involving Minor Alterations to Land, consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples include but are not limited to: Grading of land with a slope of less than 10 percent; Filling of earth into previously excavated land with compatible materials; Minor trenching and backfilling where the surface is restored; and, The creation of bicycle lanes on existing rights-of-way. The proposed project included only minor alteration which will not negatively impact the existing characteristics of the area or the condition of the land. The project will repair and construct new public improvements, facilities and structures within existing public rights-of-way and will provide enhancements for public health and safety purposes within public streets and street intersections. No vegetation will be removed. The proposed project complies with all conditions described in 15301/Class 1, 15302/Class 2, 15303/Class 3 and 15304/Class 4 of the California CEQA Guidelines. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines section 15300.2, apply to this project. No adverse environmental impacts will occur as a result of the proposed project. Date: January 29, 2019 Prepared by: Michael Lewis, Planner I Development and Resource Management Department 559-621-8041 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00169 Agenda Date:2/13/2020 Agenda #:1-C REPORT TO THE CITY COUNCIL February 13, 2020 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division BY:ANN LILLIE, Senior Engineering Technician Public Works Department, Traffic Operations and Planning Division SUBJECT RESOLUTION -Of Intention to Annex the territory known as Assessor’s Parcel Number 403-030-07 as Annexation No.43 to the City of Fresno Community Facilities District No.9 and to Authorize the Levy of Special Taxes;and setting the public hearing for Thursday,March 19,2020,at 10:10 am (southeast corner of East Shepherd and North Chance Avenues) (Council District 6) RECOMMENDATION Adopt Resolution of Intention to annex the territory known as Assessor’s Parcel Number 403-030-07 as Annexation No. 43 to the City of Fresno Community Facilities District No. 9 (“CFD No. 9”). EXECUTIVE SUMMARY The landowner has petitioned the City of Fresno (“City”)to have Assessor’s Parcel Number 403-030- 07 annexed to CFD No.9 to provide funding for the Services pertaining to certain above ground public improvements associated with this Development (Shepherd and Chance Luxury Apartments). The cost for these Services for the public improvements totals $3,984.00 annually for fiscal year 2019 -2020.Annexation No.43 is located entirely in the Fresno City Limits.The Resolution of Intention begins the process,sets the required public hearing for Thursday,March 19,2020,at 10:00 am,and defines the steps required to complete the annexation. (Reference attached location map.) BACKGROUND New commercial,industrial,and multi-family subdivisions and parcel maps have different needs and standards than those of a standard single-family residential subdivision.Commercial,industrial and multi-family subdivisions are traditionally self-maintained with different proprietary requirements for landscaping,signage and general designs.CFD No.9 is designed to accommodate these requirements by providing funding for services for certain required public improvements along the City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00169 Agenda Date:2/13/2020 Agenda #:1-C requirements by providing funding for services for certain required public improvements along the perimeters of these developments.On December 16,2008,the Council of the City of Fresno adopted Council Resolution No.2008-351,forming CFD No.9 to provide funding for the Services for certain public improvements located within and adjacent to public streets on the perimeter of commercial,industrial and multi-family subdivisions as described and permitted pursuant the Goals and Policies for CFD No.9 and the City of Fresno Special Tax Financing Law,Chapter 8,Division 1, Article 3 of the Fresno Municipal Code (“City Law”)and the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5,commencing with Section 53311,of Part 1,Division 2,Title 5 of the California Government Code). The landowner has petitioned the City to have Assessor’s Parcel Number 403-030-07 annexed to CFD No.9 to provide funding for the operation and reserves for maintenance (“Services”)pertaining to certain above ground public improvements located within public street and landscaping easements.These improvements may include the landscaping,trees,and irrigation systems within the East Shepherd Avenue median;concrete curbs and gutters,valley gutters,median capping and maintenance band,sidewalks and curb ramps;street name signage,street lighting,and local street paving as associated with this development. (Reference attached location map.) The attached Resolution initiates the annexation process,sets the public hearing for Thursday,March 19,2020,at 10:10 am,sets the Maximum Special Tax at a total of $3,984.00 to be apportioned annually for fiscal year 2019-2020 for Annexation No.43,and that the maximum special tax may be adjusted annually at the discretion of the City at +3%plus the increase,if any,in the Construction Cost Index for the San Francisco Region. Annexations to existing community facilities districts are permitted under City Law.The legislative body must follow certain prescribed procedures as outlined below: §Adoption of a Resolution of Intention to Annex to CFD No. 9 §Required 7-day minimum Notice of Public Hearing §Public hearing on Annexation and Levy of Special Tax §Call a Special Mailed-Ballot Election on the proposed Special Tax §Declare the Results of the Election §Formal Adoption of Special Tax Levy (if election passes) The attached Resolution has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this hearing does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not considered since this item does not include a bid or award of a construction or services contract. FISCAL IMPACT City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00169 Agenda Date:2/13/2020 Agenda #:1-C No City funds will be involved.All costs will be borne by the landowner as set by Exhibit D of the Resolution of Intention attached herein. Attachments: Location Map Resolution of Intention City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00171 Agenda Date:2/13/2020 Agenda #:1-D REPORT TO THE CITY COUNCIL February 13, 2020 FROM:SCOTT L. MOZIER, PE, Director Public Works Department THROUGH:RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY:VIRIDIANA LLANOS, EIT, Engineer II Public Works Department SUBJECT RESOLUTION -Accepting and Adopting the Fresno Trail Network Expansion Feasibility Plan and the Corridor Recommendations Contained Therein RECOMMENDATION Staff recommends that City Council accept and adopt the Fresno Trail Network Expansion Feasibility Plan (Feasibility Plan)and the recommendations contained therein for prioritizing segments of the City’s adopted Active Transportation Plan (ATP). EXECUTIVE SUMMARY The Feasibility Plan builds upon the City’s efforts to develop the Class I bikeway (multi-purpose trails) network proposed in the adopted 2017 ATP by recommending priority trail segments to be funded as funding becomes available.The Feasibility Plan analyzes all planned but currently unfunded trails and selects five corridors,roughly totaling five miles in length as funding priorities based upon criteria adopted by Council in conjunction with the 2017 ATP.Once funding is available,the City will move forward with each of the prioritized segments,which will include the design,acquisition of required public easements,and construction.These priority trail corridors contained in the Feasibility Plan are in addition to currently funded projects such as the Midtown Trail.The recommended priority listing of corridors for future funding are as follows: ·Corridor A:Herndon Canal from Hughes Avenue to Fruit Avenue ·Corridor B:Kearney Boulevard from West Avenue to Fresno Street ·Corridor C:Merced Street from Thorne Avenue to B Street,Thorne avenue from Merced City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00171 Agenda Date:2/13/2020 Agenda #:1-D Street to California Avenue ·Corridor D:California/Walnut to Hinton Park ·Corridor E:Church and Jensen from Martin Luther King Jr. Boulevard to Elm Avenue BACKGROUND On March 2,2017,the City Council adopted the Fresno Active Transportation Plan as a comprehensive guide for the City’s vision for active transportation within its limits.The ATP identifies over 166 miles of Class I trails as part of a planned active transportation network intended to serve human-powered travel, including walking, biking, and wheelchair use. At the time the ATP was adopted,the Council also adopted the Active Transportation Prioritization Tool (Prioritization Tool)to assist in evaluating and prioritizing individual trail corridors and/or segments when funding became available.The Prioritization Tool uses a broad range of inputs to objectively rank trails segments,including access,equity/benefits to disadvantaged communities, connectivity, safety, user comfort, and potential mode shift/reduction of greenhouse gas emissions. Following adoption of the ATP,the City,using funding from the Caltrans Sustainable Transportation Planning Grant Program and Measure “C”Trails funding,engaged a consultant to assist in evaluating the highest priority segments of the corridors identified as future trails in the ATP.The result of the study is the Fresno Trail Network Expansion Feasibility Plan. The Feasibility Plan uses the Prioritization Tool adopted by Council to prioritize trail segments to build out as funding becomes available.Pursuant to the Feasibility Plan the following five segments of potential ATP trails should be prioritized by the City as funding becomes available: ·Corridor A:Herndon Canal from Hughes Avenue to Fruit Avenue ·Corridor B:Kearney Boulevard from West Avenue to Fresno Street ·Corridor C:Merced Street from Thorne Avenue to B Street,Thorne avenue from Merced Street to California Avenue ·Corridor D:California/Walnut to Hinton Park ·Corridor E:Church and Jensen from Martin Luther King Jr. Boulevard to Elm Avenue The above segments represent roughly 5 miles of the 166 miles of trails included in the ATP. Outreach A Stakeholders Advisory Committee was formed to build upon previous engagement efforts and to provide high-level input on the Feasibility Plan.Stakeholder Advisory Committee meetings were held on April 10, 2019, and July 25, 2019. City of Fresno staff and the City’s consultant hired to assist with the Feasibility Plan also held a series of public workshops on June 5,6,and 13 and July 9,10,and 11;with a total of 64 people attending. The purpose of the workshops were to provide an overview of the project and schedule,summarize the prioritization process,provide information on various conditions for Class I trails,solicit input on barriers to walking and biking,identify preferred walking and biking routes,identify how the City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00171 Agenda Date:2/13/2020 Agenda #:1-D barriers to walking and biking,identify preferred walking and biking routes,identify how the community uses trails and how they would like to use trails,and solicit input on preferred trail design features and amenities.In addition to translating the meeting promotion flyers,the City provided Spanish and Hmong translation at the first three workshops,and Spanish only at the last three workshops.All meeting materials were reviewed by the City’s ADA coordinator to ensure visual accessibility.All comments were received and reviewed during the development of the five selected corridors. Public Notice In addition to all of the outreach noted above,a Public Draft of the Feasibility Plan was made available for a 21-day public comment period beginning October 23, 2019. Notice was provided by the following methods pursuant to Fresno Municipal Code 15-5007- F. 1.A hard copy was available with the Public Works Administrative Reception on October 23, 2019. 2.The Public Draft of the Fresno Trail Network Feasibility Plan was posted on the City’s website on the Public Works page. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, this item is not a project for the purposes of CEQA LOCAL PREFERENCE Local preference is not applicable as this item does not involve a bid or award of a contract. FISCAL IMPACT Approval of this item will not impact the General Fund.Acceptance and adoption of the Feasibility Plan will provide a path forward on ATP trail segments prioritization,when funding becomes available. Any future awards of funding will be brought to Council for consideration. Attachments: Fresno Trail Network Expansion Feasibility Plan Vicinity Map PowerPoint Presentation Resolution City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ February 2020 Fresno Trail Network Expansion Feasibility Plan ii THIS PAGE INTENTIONALLY LEFT BLANK FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN iii FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN ACKNOWLEDGMENTS The City of Fresno thanks the community and the agencies who participated on the Trail Advisory Committee and all residents who contributed to the creation of this plan. CITY OF FRESNO Viridiana Llanos, Project Manager; Design Engineer II, Department of Public Works Scott Sehm, P.E. Design Services Manager, Department of Public Works Shelby MacNab, Grants Administrator, Department of Public Works Michelle Zumwalt, Architect, Planning and Development Department Jill Gormley, T.E., City Traffi c Engineer, Traffi c Operations and Planning Manager CALTRANS STAFF Scott Lau, Associate Transportation Planner Lorena Mendibles, Senior Transportation Planner Lupita Mendoza, Transportation Planner John Liu, Deputy District Director, Maintenance and Operations TRAIL ADVISORY COMMITTEE Fresno Cycling Club (Nicholas Paladino) Fresno Council of Governments (Peggy Arnest) Fresno County Department of Public Health (Joe Prado) The Maddy Institute (Mark Keppler) Tree Fresno (Lee Ayres) Every Neighborhood Partnership (Andrew Feil, Monique Jackson) Bicycle Pedestrian Advisory Committee (Tony Molina, Gene Richards) City of Clovis (Dwight Kroll) Leadership Council for Justice and Accountability (Grecia A. Elenes, Lucio Avila) Fresno Building Health Communities: (Sandra Celedon, Kim McCoy) PREPARED BY Toole Design: Kristen Lohse, ASLA; Jakob Ward, EIT; Patrick Gilster, AICP; Carlos Hernandez; Teresa Damaske, RLA; Jacob Nigro; Brett Oltz; Eric Widstrand, P.E., P.T.O.E; Joel Shaffer, EIT; Sally Sharrow, AICP, Miranda Hingston Mark Thomas: Ed Noriega, P.E.; Jessica Regier, EIT iv THIS PAGE INTENTIONALLY LEFT BLANK FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN v FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CONTENTS SECTION 1: BACKGROUND What is the Plan About? ...............................................................................................................................2 Plan Phases and Process ..............................................................................................................................3 Plan Review, Data Collection and Analysis ......................................................................................................4 Relevant Design Standards ............................................................................................................................5 SECTION 2: PRIORITIZATION Methodology Overview ............................................................................................................................... 10 Documentation of Prioritization Data ............................................................................................................ 11 Prioritization Analysis Maps ....................................................................................................................... 18 Corridor Selection Process .........................................................................................................................34 Overview of Final Recommendations ............................................................................................................. 38 SECTION 3: ENGAGEMENT SUMMARY Engagement Process .................................................................................................................................. 42 What We Learned .......................................................................................................................................44 How Will We Use This Feedback? ..................................................................................................................48 SECTION 4: TRAIL CONCEPT DESIGNS Introduction and General Design Approach .................................................................................................... 52 Existing Conditions and Feasibility Analysis ..................................................................................................53 A - Herndon Canal ......................................................................................................................................................................55 B - Kearney Boulevard .................................................................................................................................................................65 C - Merced Street and Thorne Avenue .........................................................................................................................................76 D: California/Walnut to Hinton Park ............................................................................................................................................85 E: Church and Jensen Avenues .................................................................................................................................................104 vi FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN SECTION 5: FUNDING AND IMPLEMENTATION APPROACH Introduction ............................................................................................................................................119 Funding Summary ....................................................................................................................................120 Implementation .......................................................................................................................................121 Recommended Implementation Approach ....................................................................................................123 Trail Project Details .................................................................................................................................125 APPENDICES A. Plan Review ............................................................................................................................................3 B. Engagement Summary and Comments ......................................................................................................23 C. Trail Advisory Committee Mtg 1 Summary .................................................................................................63 D. Trail Advisory Committee Mtg 2 Summary ................................................................................................. 71 E. Existing Conditions Maps ........................................................................................................................ 80 F. Prioritization Results .............................................................................................................................100 G. Table of Potential Funding Sources ..........................................................................................................126 vii FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN FIGURES Figure 1: Major street bike trail cross-section ..................................................................................................6 Figure 2: Canal-side bike trail cross-section ....................................................................................................6 Figure 3: Major street bike trail cross-section ..................................................................................................8 Figures 4-7 Accessibility, Equity Analysis Maps .............................................................................................. 18 Figures 8-15: Connectivity Analysis Maps ..................................................................................................... 22 Figures 16-19 Traffi c Control, Mode Shift, and User Comfort Analysis Maps .................................................................................................................. 30 Figure 20: Final Prioritization of all Corridors ................................................................................................ 35 Figure 21: Constraints ............................................................................................................................... 36 Figure 22: Corridor Recommendations ......................................................................................................... 39 Figure 23: Corridor Recommendations Context ...............................................................................................40 Figure 24: Translated Event Flyers ................................................................................................................ 42 Figures 25-30: Photos from Public Meetings ............................................................................................. 43-48 Figure 31: Map of Trail Network Projects ......................................................................................................122 viii DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CONCEPT DESIGN DRAWINGS Corridor A: Herndon Canal Trail and Cross-Sections Exhibits A1-A4: ..................................................................................................................................... 59 Corridor B: Kearney Boulevard Trail Exhibits B1-B4: ..................................................................................................................................... 70 Corridor C: Merced Street Bike Boulevard and Thorne Avenue Connector Exhibits C1-C4: ..................................................................................................................................... 80 Corridor D: California/Walnut to Hinton Park Connector Exhibits D1-D8: ..................................................................................................................................... 91 Corridor E: Church and Jensen Connector Exhibits E1-E8: ....................................................................................................................................109 BACKGROUND SECTION 1 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN INTRODUCTION | 2 Introduction What is the Plan about? The Fresno Trail Network Expansion Feasibility Plan (Plan) builds on the City of Fresno’s efforts to develop the Class I bikeway (trails) network proposed in the adopted 2017 Fresno Active Transportation Plan. The goal of this project is to prioritize all planned but currently unfunded trails, to select fi ve corridors, roughly fi ve miles in length, and to develop concept designs and analyze the feasibility for the fi ve selected corridors. The resulting recommendations will help the City begin to build out its trail network. About the Prioritization Process The City of Fresno’s 2017 Active Transportation Plan (ATP) identifi es over 166 miles of Class I trails as part of the recommended active transportation network. However, the ATP takes a “30,000-foot” view of needed infrastructure, and in-depth analysis of Class I corridors is necessary to prioritize and proceed with future trail network expansion. This project uses the City’s Active Transportation Prioritization Tool (Prioritization Tool), which was adopted along with the ATP. The Prioritization Tool uses a broad range of inputs to objectively rank trail segments, including access, equity/benefi ts to disadvantaged communities, connectivity, safety, user comfort, and potential mode shift/reduction of greenhouse gas emissions. Prioritization criteria include: • Community input from the ATP process, which included stakeholder advisory committee meetings, community workshops, partnerships, and meetings with Cultiva la Salud and the Leadership Council for Justice and Accountability. • CalEnviroScreen 3.0 mapping of disadvantaged communities. These are communities facing poor health outcomes and burdens due to greater exposure to ozone and particulate matter, pesticides, toxins, and waste, along with economic and societal challenges like linguistic isolation, poverty, and unemployment. The mapping done as part of this project helps identify areas where there is opportunity to increase multimodal connectivity to activity centers in order to boost physical activity and economic opportunity. • Consistency with State of California Transportation 2040 Vision Goals and Sustainable Communities Strategies for reducing vehicle emissions. • The Six Principles of Smart Mobility from Caltrans’ Smart Mobility Framework 2010 (location ef fi ciency, reliable mobility, health and safety, environmental stewardship, social equity, and robust economy). • Caltrans’ Smart Mobility Framework 2010 Place Types, which identifi es connectivity, land use, and development patterns and recommends focusing improvements where they will have the greatest connectivity. The Prioritization tool is built on thoroughly-vetted criteria and results in a well-documented and transparent prioritization process. This project is fully in alignment with City and State goals to infl uence travel mode shift from motorized single occupant travel to public transportation and active travel, increasing health outcomes for disadvantaged communities. June 2019 Walk-shop along the McKenzie Trail FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PLAN PHASES AND PROCESS |3 Plan Phases and Process The Plan was developed from January 2019-February 2020. The timelines and major phases and tasks are shown below. PLAN REVIEW, DATA COLLECTION, AND ANALYSIS • Collect and analyze data to show which areas have the greatest need for trails, and which trails have the best potential for early development • Prioritize all trails based on a data-driven approach • Share results with the public PUBLIC ENGAGEMENT AND CONCEPT DEVELOPMENT • Solicit community input on trail features • Select top trails • Investigate existing conditions and feasibility for selected trails • Collect additional data • Develop concept designs, refine with agency stakeholders DRAFT PLAN AND PUBLIC COMMENT • Compile Draft Plan, incorporating public input from summer engagement events • Share with Caltrans and public and solicit input FINAL PLAN • Incorporate input from Caltrans, public, and City of Fresno to finalize alignments, concept designs, and full plan Fall 2019 Summer 2019 Spring 2019 Winter 2020 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PLAN REVIEW, DATA COLLECTION, AND ANALYSIS | 4 Plan Review, Data Collection, and Analysis To become familiar with community planning priorities, gather context for feasibility analysis, and collect data needed for implementation of the Prioritization Tool, all relevant plans, projects, studies, City standards, and demographic data were reviewed. This included: • Existing plans and relevant outreach efforts • Area demographics • CalEnviroScreen 3.0 mapping • Bicycle/pedestrian collision history • Available GIS data • City roadway design standards and trail design guidance documents Plan Review Highlights The review included plans that related to citywide trail facilities (see Table 1). As noted in the table, ten were led by the City of Fresno, four by the Fresno Council of Governments, and two by Caltrans. One further plan was a joint effort of the City and County of Fresno and the Fresno Council of Governments, and a fi nal study was conducted by the Fresno Council of Governments and the Cities of Clovis and Fresno. Almost all these plans incorporated extensive public engagement processes, and in many cases the public helped design proposed mobility networks themselves, demonstrating a highly- engaged community and stakeholders and resulting in an array of mobility initiatives. Together the plans establish a strong foundation for the implementation of safer and more sustainable public places in Fresno, with a robust network of Class I trails and other active transportation infrastructure connecting people to enhanced transit services and the region at large. A full review and summary of the plans can be found in Appendix A. Area demographics The Fresno Parks Master Plan notes that the population of Fresno is 525,750. That recent planning effort, completed in 2017, seeks to prepare the city for signifi cant growth; by 2035, the city’s population is estimated to be 656,323. It also notes that the city is becoming more diverse; by 2035, the city’s population is projected to be 50% Hispanic, 29% white, 23% Asian, and 7% African American. The City of Fresno Active Transportation Plan centered on the needs of disadvantaged communities in Fresno by planning for a sustainable mobility future. Several socioeconomic indicators were used to identify Table 1: Snapshot of Existing Plans Plan Title Year Jurisdiction(s) Bus Rapid Transit (BRT) Master Plan 2008 Fresno COG Smart Mobility 2010: A Call for Action for the New Decade (The Smart Mobility Framework) 2010 Caltrans Old Fig Garden Community Transportation Study 2013 Fresno COG + Fresno County + City of Fresno City of Fresno General Plan 2014 City of Fresno Ventura – Kings Canyon Corridor Complete Streets Plan 2015 Fresno COG City of Fresno Active Transportation Plan 2017 City of Fresno City of Fresno ADA Transition Plan for the Public Right-of-way 2016 City of Fresno 41 & North Corridor Complete Streets Plan 2016 City of Fresno The Downtown Neighborhoods Community Plan 2016 City of Fresno Fulton Corridor Specifi c Plan 2016 City of Fresno Fresno Parks Master Plan 2017 City of Fresno Southwest Fresno Specifi c Plan 2017 City of Fresno Fresno-Clovis Metropolitan Area Class IV Bikeway Feasibility Study 2017 Fresno COG + City of Clovis + City of Fresno City of Fresno Trail Design Guidelines 2017 City of Fresno Toward an Active California: State Bicycle and Pedestrian Plan 2017 Caltrans Fresno County Regional Active Transportation Plan 2018 Fresno COG Southern Blackstone Avenue Smart Mobility Strategy 2019 City of Fresno FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN RELEVANT DESIGN STANDARDS | 5 Relevant Design Standards The Draft City of Fresno Trail Design Guidelines (2017), the City of Fresno Active Transportation Plan, and the City Standard Specifi cations were all reviewed to identify general and specifi c design standards and guidelines that should be considered for this project. Findings from those reviews are described below. City of Fresno Draft Trail Design Guidelines (2017) The City of Fresno Draft Trail Design Guidelines were developed to provide direction for developing Class I paved trails. The guidelines recognize that trails are used not only by people biking but also those walking, jogging, skateboarding, and pushing strollers, people with disabilities, and others. The terms “trail” and “path” are used interchangeably. The City defi nes trails as asphalt-paved paths 12-foot wide with concrete curbs; narrower paths are only to be allowed in exceptional circumstances. The trail system is also understood to include amenities like landscaping, bridges, fencing, and gates. Applicable Americans with Disabilities Act and Proposed Guidelines for Public Rights- of-Way standards must be incorporated into all projects covered by the guidelines, and the guidelines highlight key standards. The guidelines show a proposed network of trails connecting several existing and proposed systems, including the Old Town Clovis Trail, a conceptual alignment of the San Joaquin River Parkway Path and Trail, rails-to-trails conversions, conceptual alignment of county/city trails, and other Class I trails. This map follows closely (but is not identical to) the map of the planned network found in the Active Transportation Plan; it refers to the ATP map for further detail. The guidelines note several additional subjects that should be considered when designing trails in Fresno; these are described in the following sections. Trail cross-section and design The guidelines specify that trails should be constructed in a minimum of half-mile uninterrupted segments in a 12-foot width. They provide specifi cations for paths along major streets, beside canals, off streets, in connecting spaces between buildings, and in open spaces. They also specify design and siting criteria for roadway crossings. See Figures 1 and 2 for examples of cross-section design guidance relevant to this planning effort. Landscaping The guidelines specify landscaping and planting material standards, including plant palette. disadvantaged communities and communities of high mobility need: • Share of households in each census tract that do not own a vehicle • Share of students at each public school who are eligible for subsidized meals • Census tract environmental health, as scored by CalEnviroScreen 3.0 using a range of socioeconomic, pollution, and environmental factors • Share of households in each census tract with household income under 80% of the statewide median • Share of workers in each census block group biking or walking to work Maps in Appendix B illustrate that disadvantaged communities are located primarily in areas south of Shaw Avenue and the neighborhoods along Highway 41. The area around California State University, Fresno also scores high on measures of mobility need. The City of Fresno is home to 17 of the 25 worst-scoring census tracts in California on CalEnviroScreen 3.0, indicating a high citywide need for access to clean, sustainable, and affordable mobility options that promote improved public health outcomes, and decrease the pollution impact of transportation in the urban environment by decreasing vehicle miles traveled. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN RELEVANT DESIGN STANDARDS |6 Figure 1: Major street bike trail cross-section Figure 2: Canal-side bike trail cross-section Figure 1: Major street bike trail cross-section 26’ Trail Easement 25’ Trail Easement Width Varies F.I.D. Easement (Source: City of Fresno Draft Trail Design Guidelines) 2’ min. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN RELEVANT DESIGN STANDARDS | 7 Fencing and railings The guidelines provide recommendations for fencing and railing types and standards for use. They also include information on vehicle gates, bollards, and railings. Furnishings Types and locations of seating, emergency phone stations, trash receptacles, bicycle parking, repair stations, drinking fountains, and fi tness stations are recommended. Public art The guidelines indicate where and how to incorporate public art and key issues related to public art program management are specifi ed. Signage The guidelines provide recommendations for signage for way fi nding, interpretive content, safety warnings, and system branding. Bicycle/pedestrian bridges Bridge types and materials, including treatments for small drainage crossings are indicated. Ramps The guidelines address the types and placement of access ramps. Retaining walls Types and materials for retaining walls are addressed. Lighting and utilities The guidelines indicate where and how to place lighting and other utilities to achieve safety objectives and minimize obstructions, with a focus on intersections and trail crossings. Trail heads / rest areas Designs and material treatments for places where people enter and exit trails and places where trails intersect are addressed along with how to locate and design rest areas. Trail user parking The guidelines cover parking standards away from and at trail heads. Picnic areas The design of picnic areas, and design for user safety and comfort is indicated. Restrooms The siting of restrooms and refers to applicable building codes for restroom design is addressed. Grade separation The guidelines indicate when and how to create grade separations (such as road underpasses) between trail and vehicle traffi c. City of Fresno Active Transportation Plan The Active Transportation Plan further specifi es that Class I trails should be designed with consideration to the following: • Separation from traffi c • Scenic attributes such as landscaping and views • Shade to encourage use • Connections with other bikeways and activity centers • Well-designed street crossings with measures like grade separation, signals that can be activated by people who walk and bike, median islands, and warning signs • ADA-compliant curb cuts and curb ramps • Adequate width, sight distance, and drainage • Pavement markings and wayfi nding signs • Long-term maintenance needs The Plan provides general specifi cations for use of the following kinds of treatments and support facilities: • Green colored pavement • Buffers and bollards • Intersection treatments such as bicycle through lanes and bicycle boxes • Bicycle parking • Showers and changing spaces • Bike share programs • Way fi nding • Lighting FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN RELEVANT DESIGN STANDARDS | 8 City of Fresno Standard Specifi cations The City of Fresno Standard Specifi cations, published in January 2016, provide further specifi cations for construction in the right-of-way. Drawings P-58 through P-61 are for 10-12 twelve-foot width two-way concrete or asphalt multipurpose trails, and they include cross-sections for trails running beside major streets (Figure 3) and canals, those entirely off- street, and connector trails. The plans also detail how multipurpose trails intersect with streets and sidewalks. (Source: City of Fresno Standard Drawings, 2016) Figure 3: Major street bike trail cross-section |9 PRIORITIZATION 2 SECTION 2 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN OVERVIEW | 10 Overview Prioritization Methodology All planned but unfunded trail segments proposed as part of the City of Fresno Active Transportation (ATP) and General Plan Update process were prioritized for implementation. While trails were included as part of both processes, trail segments will be prioritized independently from all other proposed bikeway facilities. This process is intended to help build out the off-street transportation network in Fresno and focus on connecting communities with better low-cost mobility options. The Active Transportation Priority Tool (ActiveTrans Tool), lists the criterion to be evaluated to score and rank each active transportation project. This data workbook summarizes the methods, data sources, assumptions, and manual evaluations that were used to generate a score for each criterion. Prioritization Criteria The ActiveTrans Tool was adopted along with the ATP by the City Council and is the preferred screening tool to prioritize future investments in active transportation infrastructure in the City of Fresno. The tool includes the following criterion, which are described in greater detail in Table 2. Access and Equity (A) °Accessibility °Equity °Community Identifi ed Priority °Vehicle Ownership Connectivity (C) °Connectivity to Existing Network °Connectivity to Schools °Connectivity to Public Transit °Connectivity to Parks °Connectivity to Key Destinations (excludes schools and parks) °Connectivity to Future Network °Regional Signifi cance °Place Type Traffi c Control, Mode Shift, and User Comfort (T) °Bicycle or Pedestrian Collisions °Project Type °Potential for Mode Shift and Greenhouse Gas Reduction °Location Ef fi ciency: Population Density Documentation of Prioritization Data The following tables summarize the applicable data sources, metrics, assumptions, and descriptions of each prioritization criteria. Following the tables are the data output maps for each of the criteria used to calculate the overall composite prioritization score for each section, represented in Figure 21. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DOCUMENTATION OF PRIORITIZATION DATA | 11 Table 2: Active Transportation Project Prioritization Tool Data Workbook Methodology Documentation Access and Equity Variables Data Source Metrics/ Notes Assumptions Score Description A-1 AccessibilityManual review of ADA Issues with City of Fresno ADA Coordinator Direct trail-related complaints received per ADA Coordinator for trails ADA Coordinator confi rmed no direct trail related complaints. However, trails near Inspiration Park and Polk/ Gettysburg are highly requested. 5 Project addresses an accessibility complaint from a person with a disability fi led with the of fi ce of the ADA Coordinator. Manual review Transition Plan for trails near identifi ed barriers + Sidewalk GIS layer ADA coordinator recommended reviewing facilities within 1/2-mile of proposed trails including high level of sidewalk gaps near trails Sidewalk analysis conducted in GIS 4 Project addresses multiple existing barriers to access identifi ed by the City of Fresno’s ADA Transition Plan for the Public Right-of-way or confi rmed by the ADA Coordinator. Manual review Transition Plan for trails near identifi ed barriers + Sidewalk GIS Layer ADA coordinator recommended reviewing facilities within 1/2-mile of proposed trails including areas with low levels of sidewalk gaps near trails Sidewalk analysis conducted in GIS 2 Project addresses a single existing barrier to access identifi ed by the City of Fresno's ADA Transition Plan for the Public Right-of-way or confi rmed by the ADA Coordinator. ---0 Project does not address any existing barriers to access. Total: 30 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DOCUMENTATION OF PRIORITIZATION DATA | 12 Access and Equity Variables Data Source Metrics/ Notes Assumptions Score Description A-2 EquityOffi ce of Environmental Health Hazard Assessment's CalEnviroScreen 3.0 data -Analysis conducted in GIS 18 Project is located within severely disadvantaged census tracts as determined by the CalEnviroScreen tool (score falls into 96 to 100 percentile range). 13 Project is located within disadvantaged census tracts as determined by the CalEnviroScreen tool (score falls into 91 to 96 percentile range). 8 Project is located within 1/2 mile radius of disadvantaged census tracts as determined by the CalEnviroScreen tool. 0 Project does not provide direct access to disadvantaged community. A-3 Community Identifi ed PriorityManual review of existing plans and data pulled from FresGo - Listed as high priority in ATP -5 Identifi ed as a high priority in the Active Transportation Plan. All trails in Southeast and Southwest were requested by community groups in ATP No specifi c trail requests identifi ed by City in FresGo. Community- based organizations have requested South Fresno Trails. 4 Identifi ed projects on behalf of the community through means such as FresGo and 621-City, community petitions, requests to City Staff and Council Members and community based organizations. Trails identi fi ed in specifi c plan areas -3 Requested as part of a community planning process or adopted plan in the last 5 years. --0 Not identifi ed through a community planning process in the last 5 years or is identifi ed as a low priority in the Active Transportation Plan. A-4 Vehicle Ownership US Census, American Community Survey (ACS) 2017 data -Analysis conducted in GIS 2 The percent of households with zero automobiles in the project area is ≥ 50%. 0 The percent of households with zero automobiles in the project area is < 50%. Total: 30 Documentation of Prioritization Data FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DOCUMENTATION OF PRIORITIZATION DATA | 13 Connectivity Variables Data Source Metrics/ Notes Assumptions Score Description C-1 Connectivity to Existing NetworkExisting Bikeway and Trail Network GIS Layer -Analysis conducted in GIS 3 Fills a network gap between any two existing bicycle or pedestrian facilities. 2 Connects with one existing bicycle or pedestrian facility. 0 Provides no connections to existing bicycle or pedestrian facilities or is immediately adjacent to existing and equivalent alternative path of travel. C-2 Connectivity to SchoolsCitywide Public & Private Schools GIS Layer -Analysis conducted in GIS 15 Provides direct access to two or more K-12 schools within 1/4 mile radius of the project. 12 Provides direct access to one K-12 school within 1/4 mile radius of the project. 9 Provides direct access to two or more K-12 schools within 1/2 mile radius of the project. 6 Provides direct access to one K-12 school within 1/2 mile radius of the project. 0 Does not provide access to a K-12 school. C-3 Connectivity to Public Transit Fresno Area Express General Transit Feed data, Bus Stop/Transit Center GIS Layer -Analysis conducted in GIS 4 Located within 1/2 mile of public transportation including: FAX, Amtrak, Greyhound or High Speed Rail station. 0 Does not provide direct access to public transit. C-4 Connectivity to ParksParks GIS Layer -Analysis conducted in GIS 6 Project is located within 1/4 mile of an existing park. 4 Project is not located within 1/2 mile of a park and is located within a community where for every 1,000 residents there are 1.02 acres of parkland or less. 2 Project is located within 1/2 mile of an existing park. 0 Project is not located near existing parks. Total: 35 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DOCUMENTATION OF PRIORITIZATION DATA | 14 Connectivity Variables Data Source Metrics/ Notes Assumptions Score Description C-5 Connectivity to Key Destinations -excludes schools & parksKey Desti- nations GIS Layer, sup- plemented with Open Streets Map Data -Analysis conducted in GIS 6 Located within 1/4 mile of grocery store, health provider, civic center, large employment center or other regional destination. 4 Project is not located within 1 mile of grocery store, health provider, civic center, large employment center or other regional destination. 3 Located within 1/2 mile of grocery store, health provider, civic center, large employment center or other regional destination. 0 Does not directly provide access to an activity center. C-6 Connectivity to Future NetworkManual review of Capital Im- provement Program Capital Improvement Program identifi ed by City staff - 2 Fills a bikeway network gap between an existing and a funded near term (5 years) proposed facility of any type. 0 Does not provide access to an existing bikeway or shared use paths. C-7 Regional Signifi cance Manual review of Fresno COG ATP Existing Bikeway and Trail Net- work - Connects to existing or proposed networks in adjacent jurisdictions/ unincorporated areas 1 Provides connectivity within 1/4 mile of regional network in one or more neighboring jurisdiction(s). 0 Project provides no direct connectivity to a neighboring jurisdiction's network. C-8 Place TypeProvided by City GIS provided by planning, based on land use, adopted plans, and development 2 Anchored place type - location effi ciency factors will increase over time; land use supports high levels of non-motorized travel and transit use. 0 Transitional place type - location currently "evolving", likelihood of future development of the adjacent property. Total: 35 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DOCUMENTATION OF PRIORITIZATION DATA | 15 Traffic Control, Mode Shift and User Comfort Variables Data Source Metrics/ Notes Assumptions Score Description T-1 Bicycle or Pedestrian CollisionsStatewide Integrated Traf fi c Records System (SWITRS) data provided through the UC Berkeley Transportation Injury Mapping System (TIMS) portal Five year range from 2013- 2018 analyzed. Dataset includes only mappable collisions Analysis conducted in GIS 20 One fatality reported within 1/4 mile of project area in the last fi ve years AND the proposed project provides countermeasures appropriate to collision type as determined by the Local Roadway Safety Manual. 15 Three or more bicycle or pedestrian related collisions reported with 1/4 mile of proposed project area in the last fi ve years AND the proposed project provides countermeasures appropriate to collision type as determined by the Local Roadway Safety Manual. 10 Two bicycle or pedestrian related collisions reported within 1/4 mile of proposed project area in the last fi ve years AND the project provides countermeasures appropriate to collision type as determined by the Local Roadway Safety Manual. 8 One bicycle or pedestrian related collision reported within 1/4 mile of proposed project area in the last fi ve years AND project provides countermeasures appropriate to collision type as determined by the Local Roadway Safety Manual. 0 Proposed path that did not experience any bicycle or pedestrian related collisions within 1/4 mile of the project area in the last fi ve years AND/OR the proposed project does not provide countermeasures appropriate to collision type(s) as determined by the Local Roadway Safety Manual. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DOCUMENTATION OF PRIORITIZATION DATA | 16 Traffic Control, Mode Shift and User Comfort Variables Data Source Metrics/ Notes Assumptions Score Description T-2 Project TypeExisting and Proposed Bikeway & Trail Network GIS Layer Project lengths requested in Scope of Work to be 0.5-1.0 miles in length. Logical start and end points were determined to meet this request. Analysis conducted in GIS 4 Project is ≥ 1 mile in length for Class II or IV facilities or project is ≥ 1/2 mile for Class I or sidewalk facilities or project creates a controlled crossing. Project does not meet above project type criteria. T-3 Potential for Mode Shift and Greenhouse Gas ReductionFresno COG Transporta- tion Demand Model 2018 Average Daily Traf fi c (ADT) Projections GIS Layer - Analysis conducted in GIS 7 Greatest greenhouse gas reduction benefi ts anticipated, Average Daily Traf fi c (ADT) on immediately adjacent corridor ≥ 24,000 vehicles. 6 Greenhouse gas reduction benefi ts anticipated, current ADT on immediately adjacent corridor <24,000 to 12,001 vehicles. 4 Greenhouse gas reduction benefi ts anticipated, current ADT on immediately adjacent corridor ≤12,000. 0 Greenhouse gas reduction benefi ts negligible, current ADT on immediately adjacent corridor ≤1000 to vehicles. T-4 Location Effi ciency: Population DensityUS Census, ACS 2017 data - Analysis conducted in GIS 4 Population ≥ 30,000 within 1/2 mile radius of proposed project. 3 Population ≥ 20,000 within 1/2 mile radius of proposed project. 2 Population ≥ 10,000 within 1/2 mile radius of proposed project. 1 Population > 1,000 to 9,999 within 1/2 mile radius of proposed project. 0 Population ≤ 1,000 within 1/2 mile radius of proposed project. Total: 35 Total Points Available: 100 Adopted by Council March 2, 2017 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS | 17 The following pages feature the data output maps for each of the analysis variables. These maps were used to calculate the overall composite prioritization score for each proposed trail segment. Access and Equity Analysis Maps A-1 Accessibility: Proposed trail projects ranked according to percentage of roadways with no sidewalk within 0.5 miles of proposed trails, plus existing and sidewalk extents A-2 Equity: Trail projects weighted by percentile within CalEnviroScreen 3.0 scored areas A-3 Community Identifi ed Priority: Trail projects identifi ed as high priority in the ATP, directly requested by community, or identifi ed as part of a community planning process A-4 Vehicle Ownership: Trail projects weighted by percentage of households without access to a vehicle per US Census tract, 2017 data Connectivity Analysis Maps C-1 Connectivity to Existing Network: Trail projects ranked by number of connections to existing on-street bicycle network (i.e. Class II bike lanes) C-2 Connectivity to Schools: Trail projects ranked by number of schools within 0.25 miles C-3 Connectivity to Public Transit: Trail projects ranked by number of transit stops within 0.5 mile (FAX, Amtrak, and Greyhound) C-4 Connectivity to Parks: Trail projects ranked by number of acres of park land within 0.5 miles C-5 Connectivity to Key Destinations: Trail projects ranked by number of key destinations within 1 mile C-6 Connectivity to Future Network: Trail projects that connect to funded trail projects or other funded capital projects C-7 Regional Signifi cance: Trail projects ranked as to regional signifi cance, defi ned as providing connectivity with 0.25 miles of a regional network in one or more neighboring jurisdictions C-8 Place Type: Trail projects categorized by anchored or transitional place types, per Caltrans Smart Mobility Framework Traffi c Control, Mode Shift, and User Comfort Analysis Maps T-1 Bicycle or Pedestrian Collisions: All bicycle and pedestrian collisions within the previous 5 years; trail projects ranked according to the number of collisions within 0.25 miles T-2 Project Type: Trail segments broken into smaller, segments for planning and analysis purposes T-3 Potential for Mode Shift and Greenhouse Gas Reduction: Trail segments ranked according to maximum average daily traf fi c (bidirectional) on parallel routes within 0.25 miles T-4 Location Ef fi ciency: Population Density: Trail segments ranked by population density within 0.5 mile of the project Final Prioritization Maps Prioritization Results: Unfunded Projects Only: Final prioritization of all corridors Constraints: Trail projects that are adjacent to active rail lines, or along canals with no bank-side (i.e. covered canals) Prioritization Analysis Maps FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |18 ! "!#$ ! "!#$ Figure 4: Accessibility and Equity Variable A-1 A-1 Accessibility Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |19 A-2 Equity Analysis Figure 5: Accessibility and Equity Variable A-2 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |20 A-3 Community Identifi ed Priority Analysis Figure 6: Accessibility and Equity Variable A-3 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |21 !" # !" # A-4 Vehicle Ownership Analysis Figure 7: Accessibility and Equity Variable A-4 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |22 Figure 8: Connectivity Variable C-1 C-1 Connectivity to Existing Network Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |23 Figure 9: Connectivity Variable C-2 C-2 Connectivity to Schools Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |24 ! "# ! "# Figure 10: Connectivity Variable C-3 C-3 Connectivity to Public Transit Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |25 Figure 11: Connectivity Variable C-4 C-4 Connectivity to Parks Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |26 Figure 12: Connectivity Variable C-5 C-5 Connectivity to Key Destination Analysis (Excludes Schools and Parks) FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |27 Figure 13: Connectivity Variable C-6 C-6 Connectivity to Future Network Projects FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |28 Figure 14: Connectivity Variable C-7 C-7 Regional Signifi cance Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |29 Figure 15: Connectivity Variable C-8 C-8 Place Type Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |30 ! ! T-1 Bicycle or Pedestrian Collision Analysis Figure 16: Traffi c Control, Mode Shift, and User Comfort T-1 / ( 0 1 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |31 Figure 17: Project Type: Trail Length Segment Analysis Traf fi c Control, Mode Shift, and User Comfort Variable T-2 T-2 Trail Length Segment Analysis (Division into 0.5 to 1.0 mile-long segments) FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |32 ! " ! " Figure 18: Traffi c Control, Mode Shift, and User Comfort Variable T-3 T-3 Potential for Mode Shift and Greenhouse Gas Reduction Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRIORITIZATION ANALYSIS MAPS |33 Figure 19: Traf fi c Control, Mode Shift, and User Comfort Variable T-4 T-4 Location Effi ciency and Population Density Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR SELECTION PROCESS |34 in Southwest Fresno, particularly with the new Fresno City College West Fresno Career Technical Center and Transformative Climate Communities investments that will soon be constructed, has the potential to transform the area. Another option requested as an alternative to Central Canal was a trail on Tuolumne into downtown Fresno. Given that most of that route is now the Tuolumne Street bridge, it was determined that the Walnut/Hinton Connector was a better corridor to include in the Plan. The Committee also recommended the Merced Street connection. During the meeting, the Committee noted limitations in the Active Transportation Plan (ATP) for the trail network build out, specifi cally a lack of north-south trails near Cedar Avenue in Southeast Fresno, and the lack of proposed facilities along active rail lines and canal ways that have no banks. While these areas may be converted to trails in the long-term, the opportunity to add short-term trail facilities to the ATP will be explored during the ATP update process scheduled to occur around 2021 (timing is contingent on award of grant funding). City staff reviewed the prioritization results and focused on the projects that would be grant-eligible and implementable in the near term (i.e. the next fi ve years). Staff used the following criteria to select fi ve corridors: Highest scoring projects from the Active Transportation Prioritization Process, which accounted for access, equity/benefi ts to disadvantaged communities, connectivity, safety, and user comfort, and potential for mode shift/reduction of greenhouse gas emissions (shown in Figure 20). A list of the prioritized projects can be found in Appendix E. Community feedback, which prioritized trails in Southwest, Southeast, and Northwest Fresno. Removal of constrained corridors that were deemed infeasible or otherwise not implementable within the short term (shown in Figure 20). These included: • Active rail-lines. The City has a long-term goal of converting active rail lines to inactive to create rails- to-trails corridors, but this conversion will not likely happen in the near term. • Canals without bank sides. Piping of canals is not a grant-eligible expense. The City also set a goal of developing approximately fi ve miles of trail, so project lengths were factored into the fi nal selection, shown in Figure 22. The fi ve corridors selected were: • The Herndon Canal in the Ashlan/West neighborhood • Three corridors in Southwest Fresno: along Merced Street and Thorne Avenue, connecting to Kearney Boulevard, and short segments on Church and Jensen Avenues. The proposed list of corridors was presented to the Trail Advisory Committee in July 2019. At that time, the list included a trail in Southeast Fresno, along the Central Canal. The committee, along with community members, requested that the proposed trail on the Central Canal from Jensen/Chestnut to Church be replaced with the trail along Walnut in Southwest Fresno. Enhanced connectivity Corridor Selection Process FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR SELECTION PROCESS |35 Figure 20: Final Prioritization of all Corridors Map Prioritization Results (unfunded projects only) FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR SELECTION PROCESS |36 - . /# 0&1 & - . /# 0&1 & Figure 21: Project Adjacent to Constraints Constraints Analysis FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN OVERVIEW OF FINAL CORRIDOR RECOMMENDATIONS |37 The fi nal recommendations are shown on Figure 22. See Section 5, Concept Design, for details on facility treatments and design considerations for each selected corridor. Corridor A: Herndon Canal From Hughes Avenue to North Fruit Avenue, crossing Ashlan Avenue. Approximate length: 1.1 miles Neighborhood/Area: Ashlan/West Neighborhood Overview of community benefi t: This is an area where the community has requested increased bicycle and pedestrian connectivity. The canal trail would provide connections through neighborhoods to schools and shopping areas. Corridor B: Kearney Boulevard From West Avenue to Fresno Street. Approximate length: 1.3 miles Neighborhood/Area: Southwest Fresno Overview of community benefi t: This wide, low-volume, historically-signifi cant boulevard provides connections between downtown and Southwest Fresno. Corridor C: Merced Street and Thorne Avenue Merced Street from B Street to Thorne Avenue; Thorne Avenue from Merced Street to California Ave. Approximate length: 0.9 miles Neighborhood/Area: Southwest Fresno Overview of community benefi t: This area has been identifi ed as one with a need for better bicycle/ pedestrian connectivity. The proposed route intersects with the proposed Kearney Boulevard trail, and connects Southwest Fresno to downtown Fresno. This trail will also provide connections to the Southwest Fresno trail funded along Church Avenue and the Fanning Ditch alignment. Corridor D: California Avenue/Fanning Ditch/Walnut to Hinton Park On California Avenue from Thorne Avenue to Walnut Avenue, Walnut Avenue to Church Avenue. A short segment on Belgravia was included to provide a connection to the Cecil C. Hinton Community Center and Park and Fairview Trail. Approximate length: 0.96 miles Neighborhood/Area: Southwest Fresno Overview of community benefi t: These trail segments will connect to the Southwest Fresno trail funded along Church Road (Fanning Ditch alignment) and the trail going in as part of the Fresno City College West Fresno Career Technical Center campus on Church Avenue between Walnut Avenue and Martin Luther King Jr. Boulevard. Corridor E: Church and Jensen Avenues Two separate segments, each one-block long, Martin Luther King Jr. Boulevard to East Elm Avenue. Approximate length: 1.0 mile Neighborhood/Area: Southwest Fresno Overview of community benefi t: These trail segments will connect to and extend the trail proposed as part of the Fresno City College West Fresno Career Technical Center campus, bounded by Church Avenue between Walnut Connectivity Highlights Enhanced trail connectivity in Southwest Fresno, particularly with the new Fresno City College West Fresno Career Technical Center campus and Transformative Climate Communities investments that will soon be constructed, has the potential to transform the area. Overview of Final Corridor Recommendations FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN OVERVIEW OF FINAL CORRIDOR RECOMMENDATIONS |38 Avenue and Martin Luther King Jr. Boulevard and to the trails and park that will be part of the overall Martin Luther King Jr. Boulevard Activity Center (bounded by Church, Jensen, and Walnut Avenues). Table 3: Proposed Trail Mileage Corridor Approximate Mileage A: Herndon Canal 1.1 B: Kearney Boulevard 1.3 C: Merced Street and Thorne Avenue 0.8 (Merced) 0.1 (Thorne) D: California Avenue/Fanning Ditch/ Walnut to Hinton Park 0.26 (California) 0.5 (Walnut) 0.2 (Belgravia) E: Church and Jensen Avenues 0.5 (Church) 0.5 (Jensen) TOTAL PROPOSED MILEAGE 5.26 miles FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN OVERVIEW OF FINAL CORRIDOR RECOMMENDATIONS |39 ! " " #$" % &' ! " " #$" % &' 'LYVGL ! " # $ %.V&SYPIZEVH # Figure 22: Corridor Selection Recommendations Thorne FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN OVERVIEW OF FINAL CORRIDOR RECOMMENDATIONS |40 Figure 23: Corridor Selection Recommendations in Context ENGAGEMENT SUMMARY SECTION 3 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN ENGAGEMENT PROCESS | 42 Engagement Process This section provides an overview of the public engagement actions undertaken for the Fresno Trail Network Expansion Feasibility Plan in the Spring/Summer of 2019, along with feedback from the events. Engagement Goals The Plan included a public engagement process, for which the goals were to: • Build on previous engagement efforts • Inform the community about the Plan and opportunities for involvement in the process • Identify and engage key stakeholders who would be interested in or affected by the proposed designs • Identify community needs and priorities for expanding the trail network • Refl ect and collect feedback on the draft Plan • Build momentum and support for future implementation Community Engagement Plan A Community Engagement Plan was developed, which includes the following elements: • Engagement Goals • Demographic Information • Inclusive Engagement Strategies • Identifi ed Stakeholder Groups • Trail Advisory Committee Process • Community Meeting Plan Based on the Community Engagement Plan, there was a meeting notifi cation effort, along with a series of meetings, to solicit feedback to inform the design of the trails. As a separate effort, a Promotion Plan which outlined how to communicate events through direct emails and social media promotion was also produced. Figure 24: Translated Event Flyers La ciudad de Fresno está seleccionando caminos de clase tipo 1 para diseñar y financiar. ¿Qué tipo de cosas crees que son las más importantes en estos caminos: Rótulos? ¿Iluminación? Bancos? ¿Sombra? ¿Cruces de carreteras más seguros? ¿Conexión a las vecindades? ¡Queremos escuchar sus ideas! Caminaremos por el camino McKenzie con nuestros diseñadores de caminos para compartir conversaciones e ideas. Camino McKenzie Jueves 13 de junio, 6:00-8:00 pm Empezando la caminata nos vamos a reunir en la esquina de la calle N. Willow Ave y McKenzie Ave. Caminaremos hacia N. Minnewawa y regresaremos. Puede estacionarse en la calle o en la escuela secundaria Kings Canyon , 517 Tulare Ave (por N. Helm Ave). Tendremos traducción al español y hmong. Para más información, visite la página de internet: www.fresno.gov/trails El lugar de reunión está adaptado con las normas especiales para personas discapacitadas. Habrán servicios de interprete y dispositivo de asistencia auditiva estará disponible tras ser solicitada. Si requiere asistencia auditiva comuníquese con Jesus A. Gonzalez al número de teléfono 559-621-8794 a través de correo electrónico a Jesus.GonzalezJr@fresno.gov no antes de 5 cinco días y lo mas tardar a 48 horas de la fecha de reunión. ¿Le gustaría ver más caminos para andar en bicicleta y caminar en su vecindario? Únase a nosotros en una CAMINATA COMUNITARIACAMINATA COMUNITARIA para el Estudio de Expansión de la Red de Caminos en Fresno N Willow AveN Peach AveBelmont Ave Inicio Fin E Tulare Ave Escuela Secundaria Kings Canyon N Minnewawa AveCamino McKenzie N Helm Ave Yam dabtsi yog yam ua rau txoj kev taug zoo taug heev li? Tuaj pab muab koj cov tswv yim qhia rau peb! Thov tuaj koom peb nyob rau ntawm IB ZEJ TSOOM TXOJ KEV TAUG "CHAW TAUG KEV"IB ZEJ TSOOM TXOJ KEV TAUG "CHAW TAUG KEV" Rau Fresno Txoj Kev Tshawb Kawm Saib Puas Tsim Nyog Tsim Kev Pab Nthuav Kev Taug Lub Nroog Fresno tabtom xaiv Cov Kev Taug Class 1 los mus tsim tsa thiab muab pob nyiaj pab. Yam dabtsi yog yam uas koj xav tias tseem ceeb tshaj nyob rau cov kev taug—puas yog Cov Paib? Teeb Pom Kev? Rooj Tog Zaum? Ntxoov Ntxoo Thaiv Hnub? Cov chaw hla kev tsheb kom nyab xeeb dua? Muaj kev txuas tau cov cheeb tsam nyob ua ke? Peb xav hnov koj cov tswv yim! Peb yuav taug Txoj Kev Taug McKenzie nrog cov neeg pab tsim tsa peb txoj kev taug, sib qhia kev sib tham thiab tswv yim. McKenzie Trail Hnub Vas Phab Hav, Lub Rau Hli Ntuj Tim 13 6-8 p.m. Tuaj sib ntsib peb ntawm kev tshuam N. Willow Ave thiab McKenzie Ave. Peb yuav taug kev mus rau N. Minnewawa ces thim rov los dua. Muaj chaw nres tsheb nyob rau ntawm kev thiab nyob ntawm Kings Canyon Middle School, 517 Tulare Ave (nyob ntawm N. Helm Ave). Peb muaj kev pab txhais ua lus Spanish thiab lus Hmoob. Yog xav paub ntxiv, mus saib: www.fresno.gov/trails Lub chaw ua koob tsheej muaj kev rau cov neeg lub cev tsis taus mus tau. Peb kuj muaj cov kev pab cuam rau cov neeg txhais lus thiab lwm yam kev pab kom raws siab nyiam xws li cov khoom mloog pob ntseg. Cov kev thov cov kev pab kom raws siab nyiam yog ib yam yuav tau thov ua ntej tsib hnub tiamsis tsis pub lig tshaj 48 xoob moos ua ntej lub caij teem sab laj/koob tsheej. Thov tiv tauj Jesus A. Gonzalez ntawm 559-621-8794 los yog Jesus.GonzalezJr@Fresno.gov N Willow Ave N Peach AveBelmont Ave McKenzie Trail E Tulare Ave N Minnewawa AveN Helm Ave ENGAGEMENT PROCESS | 43 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Meeting Notifi cation To notify community members of our events, the following tools were used: • A project webpage: www.fresno.gov/publicworks/ featured-projects/#tab-6 • Social media posts (Nextdoor, Facebook, Twitter) • Flyers in English, Spanish, and Hmong (see Figure 23) • An email blast to distribute fl yers to Trail Advisory Group members and other contacts from previous engagement efforts City of Fresno staff and consultants initially hosted two meetings and one “walkshop” along the McKenzie Trail in June 2019 to reach residents in central and south Fresno. City staff then conducted three additional meetings in July at the community’s request and in partnership with the Leadership Council for Justice and Accountability. Participants at the events included internal stakeholders, Caltrans staff, residents of Fresno, students, members of advocacy groups, members of the disability community, monolingual Spanish-speaking residents, and bicycle advocates. The meeting goals were to: • Provide an overview of the project and schedule • Summarize the prioritization process • Provide information on various conditions for Class I trails (e.g. with roadway rights-of-way, along canals) Table 4: Public and Stakeholder Outreach Events Event Event Type Location # Of Attendees June 5, 2019 Community Open House Gaston Middle School (SW Fresno) 8 June 6, 2019 Community Open House Ted C. Wills Community Center (Central Fresno) 19 June 13, 2019 Community “Walkshop” McKenzie Trail (SE Fresno)9 July 9, 2019 Hora de Café Meeting Trolley Creek Park (SE Fresno)10 July 10, 2019 Hora De Café Meeting Addams/ Villa Mobile Home Park (SW Fresno) 13 July 11, 2019 Community Meeting 3 Palms Mobile Home Park (SW Fresno) 5 TOTAL 64 5 Meetings 1 Walkshop Spanish & Hmong Translation & Interpretation 64+ Participants Figure 25: Toole Design team engaging Spanish-speaking community members at community meeting FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN WHAT WE LEARNED | 44 Display boards were used to: • Solicit input on barriers to walking and biking • Identify preferred walking and biking routes • Identify how the community uses trails and how they would like to use trails • Solicit input on preferred trail design features and amenities Accessibility In addition to translating the meeting promotion fl yers, Spanish and Hmong translation were offered at the fi rst three events, and Spanish only at the last three. All meeting materials were reviewed by the City’s ADA coordinator to ensure visual accessibility. What We Learned Those who attended the meetings represented a wide range of the community: people of varied ages, students, families, advocates, people from the disabled community, and monolingual Spanish speaking residents. Generally speaking, attendees were positive and enthusiastic about the project, and they were eager to weigh in on how the trails could be designed to best meet the community’s needs. Major topics and themes discussed in the meetings included: • Community trail priorities • Barriers to biking and walking • Desire to use trails • Connectivity issues/desires • Safety concerns with safe biking on roadways • Trail amenities • Desire for more regular trail maintenance • Desire for seating, shade, and water fountains • Challenges crossing certain streets The following information aggregates the responses and input received on the community meeting boards about local trail network knowledge, how people use trails, and what amenities are important to them. Engagement Highlights • Community members that attended represented a range of ages, interests, and backgrounds • In general, attendees were supportive and enthusiastic about the Plan • Trail users who ride bicycles bike for fi tness, fun, and to commute • Pedestrian trail users mostly walk for fi tness • There was a lot interest in maintenance, and amenities that improve the trail experience and comfort, like shade trees, trash cans, seating, and water fountains Figure 26: City of Fresno and Leadership Council staff engaging Spanish-speaking community members at community meeting held at Trolley Creek Park WHAT WE LEARNED | 45 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Figure 27: Project team and attendees discussing the prioritization at the Ted C. Wills Community Center Figure 28: Input boards from open houses Local Network Knowledge We asked the following questions to assess trail use patterns, destinations, and areas of need. The images to the right are a sampling that shows how people responded by placing dots on maps of the existing and proposed trail network. Full results can be found in Appendix B. • Where do you live? (Indicated with blue dots) • Which existing trails you use now, which of the planned trails you would like to use? (Green dots) • Which places would you like to bike and walk to and from? (Yellow dots) • Where are there barriers or features that make it hard to walk and bike on existing or planned trails? (Red dots) FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN WHAT WE LEARNED | 46 How People Use Fresno’s Trails The chart below indicates how people reported using the City’s trails, with larger color block sizes indicating a higher number of responses. Trail Amenities The chart below indicates which trail amenities attendees were most interested in, with larger color block sizes indicating a higher number of responses. Ride for fi tness Bike for fun Other activities Commute by bike Walk for enjoyment Walk to stay in shape Ride fast Run to stay in shape Bike with family Use a mobility device Use alternative wheels Trees and vegetation Waysides and benches Ramadas, shade structures Maintenance Pet waste stations Drinking fountains Way fi nding signs Bike parking Other elements WHAT WE LEARNED | 47 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Trail Walk shop During the “walk shop” along the McKenzie Trail, the following issues came up most frequently. SAFETY AND COMFORT Homeless camping, broken fences, vandalism ACCESS More cut- throughs to neighborhood and parks, safety at street crossings MAINTENANCE Broken/missing amenities due to vandalism, nuisance activity, litter AMENITIES Shade, more frequently spaced lighting, benches Trail Advisory Committee An advisory committee was formed to build on previous engagement efforts and to provide high-level input on the Plan. Trail Advisory Committee Members • Fresno Cycling Club: Nicholas Paladino • Fresno Council of Governments: Peggy Arnest • Fresno County Department of Public Health: Joe Prado • The Maddy Institute: Mark Keppler • Tree Fresno: Lee Ayres • Every Neighborhood Partnership: Andrew Feil, Monique Jackson • Bicycle Pedestrian Advisory Committee: Tony Molina, Gene Richards • Leadership Council for Justice and Accountabilit y: Grecia A. Elenes, Lucio Avila • Fresno Building Health Communities: Sandra Celedon, Kim McCoy Internal Stakeholders • City of Fresno Public Works: Viridiana Llanos, Scott Sehm, Shelby MacNab, and Jill Gormley • City of Fresno Planning and Development Department: Michelle Zumwalt • Caltrans: Scott Lau, Lupita Mendoza, and John Liu Trail Advisory Meetings The fi rst meeting provided an overview of the project and encouraged committee members to help promote the public engagement events. At the second meeting, the results of the prioritization process, as well as the community engagement to date, were shared with the group for their feedback and input. The input received was used to fi nalize the corridors. Meeting Date Location # Of Attendees April 10, 2019 Fresno City Hall 16 July 25, 2019 Fresno City Hall 12 Figure 29: Trail Advisory Committee members discussing the proposed trail corridors FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN HOW WILL WE USE THIS FEEDBACK? | 48 The engagement events were useful to generate interest in the project, which may be benefi cial to the City as it moves toward implementation. Community members who participated in the engagement events expressed excitement about building more trails in Fresno. Many said that if there were more trails, they certainly would bike and walk more. While the events were held primarily in central and Southwest Fresno, residents from all over the city were in attendance, demonstrating wide-spread interest across the city. Based on feedback received, community members were very interested in amenities to improve the comfort and convenience of trails in Fresno. The following amenities are the most desired: • Trees and vegetation • Benches • Shade structures • Way fi nding signs • Bike parking Thanks to this input, the design team was able to consider and plan for these elements in the concept designs. Figure 30: Project team and attendees at the Walkshop How Will We Use This Feedback? FRESNO TNEFP | SECTION 4 TRAIL CONCEPT DESIGNS FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN INTRODUCTION | 50 Introduction This section of the Plan explores the feasibility of developing Class I bikeways (trails) within the proposed corridors identified through the prioritization and community engagement process. To provide context, this section also provides information on Class I trails and other bikeways, the general design approach used to developing concept designs, and information about how crossing treatments were selected. Each of the proposed corridors are in urbanized areas, four within street rights-of-way. The design of Class I trails in these conditions demands thoughtful consideration of the trade-offs required to retrofit trails into the existing urban fabric. The general design approach below was developed to guide the designs. In some locations, the installation of Class I facilities was determined to create impacts communities that were considered unacceptable. In these locations, other types of bikeways are proposed. In each instance, the trade- offs of each design were carefully considered. Alternative treatments that could provide a comfortable, safe, and convenient experience for all users were proposed, as follows. • Class II Bike Lanes: bike lanes are included where they exist within the corridor currently, to the extent that it is possible to maintain them. Typically, bike lanes were not maintained on the same side of a Design Approach All Ages and Abilities The proposed facilities are intended to provide “all ages and abilities” walking and biking conditions. In other words, the designs are created for bicyclists who are not comfortable riding in or adjacent to high-volume, high-speed vehicular traffic. Separation from motor vehicle travel lanes for both pedestrians and bicyclists should be provided to the degree possible. Maintain existing lane configurations Retain existing vehicle lanes, Class II bike lanes, and sidewalks, except in constrained conditions. Design to the context Consider the use of less intensive design treatments (e.g. signage and striping) on low-volume, low-speed local streets if the street already provides a comfortable place to bike and walk; use design treatments that provide greater separation between bicyclists and vehicles (e.g. landscaped buffers or raised curbs) on arterials and collectors where vehicle speeds and volumes diminish the comfort of the walking and biking environment. Maintain street tree canopy Trees beautify trails and provide shade, ensuring that trails are attractive and comfortable; wherever possible, preserve the existing tree canopy. Trail Defined Bikeways are classified in Chapter 1000 of the Highway Design Manual (Caltrans, 2015), which identifies four primary types of bikeways: Class I bike paths (including shared used paths), Class II bike lanes, Class III bike routes, and Class IV separated bikeways. These are shown in the photos and cross-sections on the following pages. The primary bikeway proposed in this feasibility plan is Class I, defined below. Class I Bikeway (Trails) Bike paths, often referred to as shared-use paths or trails, are off-street facilities that provide exclusive use for non- motorized travel, including bicyclists and pedestrians. Bike paths have minimal cross flow with motorists and are typically located along landscaped corridors. Bike paths can be utilized for both recreational and commute trips. These paths provide an important recreational amenity for bicyclists, pedestrians, dog walkers, runners, skaters, and all residents using other non-motorized forms of travel. They are frequently designed to offer a benefit to users, such as a connection not previously included in the bicycle or pedestrian network, like traversing a barrier such as a freeway or river. Unless specifically allowed by local law, equestrians are generally prohibited from using bike paths. If horses and riders are allowed to use the facility, paths should be designed to accommodate all users. This typically means developing paths wider widths than traditional multi-use paths. Source: City of Fresno Active Transportation Plan (2017) INTRODUCTION | 51 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN street as a Class I trail, but were maintained on the opposite side of the street • Bike Boulevards, a subset of Class III bikeways: these are bike routes that are enhanced with signs and pavement markings to prioritize bicycle and pedestrian travel. Bike boulevards are ideal for low- volume, low-speed streets, where the goal of creating an all ages and abilities facility can be achieved. • Class IV Separated Bikeways: these bike lanes are separated from travel lanes with posts or barriers. Where are they proposed in this plan they are paired with high-quality sidewalks, ensuring all ages and abilities connectivity for people walking and biking. The photos and cross-sections below show the range of types of trails and bikeways proposed in this plan. 1. Class I Bikeway (Shared Use Path/Trail) | 2. Class II Bike Lane | 3. Bike Boulevard (Class III Bike Route) | 4. Class IV (Separated) Bikeway 1 3 42TOWARD AN ACTIVE CALIFORNIA | 38 JENNIFER DILL AND NATHAN MCNEIL, UNDERSTANDING TYPES OF CYCLISTS NATIONALLY, 2016. 1-5% Strong and Fearless5-10% Enthused and Confident50-60% Interested but Concernedbicyclists prefer separation (such as provided by trails or Class IV bikeways) or low speed shared streets that prioritize biking and walking. 30-35% No Way, No How »M1: Connected & Comfortable Networks: Develop local and regional networks of high-quality bicycle and pedestrian facilities for all ages and abilities »M2: Multimodal Access: Integrate bicycle and pedestrian needs in planning and design of multimodal transportation systems and services »M3: Efficient Land Use & Development: Support regional and state efforts to inte-grate land use and transportation planning to maximize the effectiveness of active trans- portation investments »M4: Network & Travel Data: Develop con- sistent, high-quality data on bicycle and pedestrian travel and facilities »M5: Statewide & Regional Trails: Support low-stress or separated pedestrian and bicycle trail routes of statewide or regional significance for tourism, recreation, and utilitarian transportation »M6: Encouragement: Promote bicycling and walking for everyday transportation, recreation, improved health, and active living Travel Lanes Separated Bike Lane ParkingSeparated Bike Lane Roadway Separation Sidepath Travel Lanes SidewalkShared Travel LanesParkingSidewalk Travel Buffered Bike Lane SidewalkBike Lane Parking Trail Sidewalk Class I Class II Class III Class IV Bicycle Facility Classifications Caltrans defines several classifications of bicycle facilities. These facilities provide varying levels of separation from other traffic and some are shared use. Cross-sections of Caltrans bicycle facility classifications, from Toward an Active California: State Bicycle and Pedestrian Plan, Caltrans, 2017 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN INTRODUCTION | 52 Crossing Treatments The City of Fresno Trail Design Guidelines provide guidance on selecting appropriate crossing treatments for uncontrolled trail crossing locations, based on a combination of roadway and operational characteristics (see Table 5). This plan proposes use of rectangular rapid flashing beacons (RRFB) and HAWK signals (similar to pedestrian hybrid beacons (PHB) or pedestrian signals) to facilitate safer, more comfortable crossings. These are shown in the photos to the right. Vehicle ADT < 9,000 Vehicle ADT >9,000 to 12,000 Vehicle ADT >12,000 to 15,000 Vehicle ADT >15,000 Roadway Type < 30 mph 35 mph 40 Mph < 30 mph 35 mph 40 Mph < 30 mph 35 mph 40 Mph < 30 mph 35 mph 40 mph 2 Lanes A A B A A B A A C A B C 3 Lanes A A B A B B B B C B C C 4 Lanes with Raised Median A A C A B C B B C C C C 4 Lanes without Raised Median A B C B B C C C C C C C A = High visibility crosswalk, signs, and pavement markings B = Rectangular rapid flashing beacons (RRFB), high visibility crosswalk, signs, and pavement markings C = Pedestrian hybrid beacon (PHB) or pedestrian signal, high visibility crosswalk, signs, and pavement markings SOURCE: City of Fresno Trail Design Guidelines Table 5: Uncontrolled crossing treatment selection guide. RRFB with a median crossing island to allow for two-stage crossings HAWK signal EXISTING CONDITIONS AND FEASIBILITY ANALYSIS OF RECOMMENDED CORRIDORS | 53 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN This section features an analysis of each of the corridors, along with concept designs. The analysis includes: • Design Data Summary – A table summarizing the critical information and design parameters of each corridor, including the corridor’s function and character. • Context and Connections – A summary of how each corridor connects to the City’s existing bicycle and pedestrian network, along with specific information about relevant plans and projects. • Existing Conditions – An analysis of the physical characteristics of each corridor. • Basis of Design, Feasibility, and Recommendations – Documentation of the reasoning and decisions made during the design, along with information about how and why (i.e. corridor constraints) the design meets or does not meet the design program requirements for Class I trails, according to the City of Fresno’s Standard Drawings and the Trail Design Guidelines (found in Section 1). • Proposed Amenities – A description of opportunities to enhance the experience, convenience, and comfort of trail users through rest stops, wayfinding signs, plantings, lighting, and other elements. • Cross-section(s) and Layout – For each typical area along the corridors, cross-section(s) are shown to indicate dimensions and relationships to adjacent elements along with draft conceptual horizontal alignment/layouts, drawn in CAD over aerials. • Cost Estimates – For each, planning-level cost estimates have been prepared. Source for Average Daily Traffic (Average Daily Traffic ) counts: • City of Fresno counts 1/1/17 to 8/15/19 • Fresno COG Traffic Counts Existing Conditions and Feasibility Analysis of Recommended Corridors Potential trail user in Southeast Fresno McKenzie Trail FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR A: HERNDON CANAL | 54 Corridor A: Herndon Canal Vicinity Map From N Hughes Avenue to N Fruit Avenue HO L T A V E CORRIDOR A: HERNDON CANAL | 55 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DESIGN DATA SUMMARY: Herndon Canal Extents Hughes Avenue to Fruit Avenue, 1.1 miles Classification Fresno Irrigation District (FID) canal Description Separate right-of-way, running diagonal to street grid Existing Cross-section Open irrigation canal with level areas on both sides Right-of-way width Varies, from 95’ to 116’ Street width (Curb to curb or pavement edges) Canal is approximately 62’ wide; the north bank varies from 16’-30’ wide, the south bank varies from 21’-36’ wide *Average Daily Traffic *For intersecting streets Ashlan Avenue, west of Fruit: eastbound 30,575, westbound 29,796 Ashlan Avenue, east of West: eastbound 28,506, westbound 35,547 West Avenue, south of Holt: 28,224 (both directions) Major cross-streets West, Ashlan, and Fruit Avenues Design proposal Bank-side trail with shoulders on each side of trail; minimum 2’ buffer from canal “hinge-point” and variable buffer from property line Corridor A: Herndon Canal Context and Connections The community has supported a trail along the Herndon Canal for many years. The Old Fig Garden Community Transportation Study (2013) notes that the canal banks are currently used informally by pedestrians and bicyclists, due in part to discontinuities in the bike network. The proposed trail would connect directly to Class II bike lanes on Hughes, West, Ashlan, and Fruit Avenues. It would also provide connections to Lions Skate Park, Quigley Playground, Gillis Branch Library, Roeding Elementary School, and Cooper Middle School via Class II bike lanes on Emerson Avenue and West Dakota Avenue. Full development of the Herndon Canal to Blackstone Avenue would also connect to Segment 1 of the planned Midtown Trail along Shields Avenue, approximately two miles away. The Old Fig Garden Community Transportation Study recommends exploring, “The feasibility of creating sections of safe bank-side trails along the Herndon irrigation canal for inclusion in the pedestrian/bicycle route network. “ It goes on to say the following: As part of the City of Fresno’s Bicycle, Pedestrian and Trails Master Plan, both the Herndon and Enterprise-Holland Canals are identified as planned Class I bike paths. The Plan identifies these canals for further detailed study, and recognizes that significant work would need to be done to make them safe for pedestrians and bicyclists to use. The study mentions that streets with consistent tree cover (such as Van Ness, Wishon, Wilson) and the “Herndon Canal embankment are utilized as a walk/jog circuit by residents as well as for others who visit the neighborhood for exercise activity,” despite the fact that “these activities [exercise] are actively discouraged by the Fresno Irrigation District and Law Enforcement due to crime and safety concerns.” Also of note, a public survey conducted as part of the study identified safety concerns for pedestrians crossing Ashlan Avenue due to high vehicular speeds and lack of crosswalks. As this proposed alignment will cross Ashlan Avenue, enhanced crossings of Ashlan Avenue are proposed. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR A: HERNDON CANAL | 56 Existing Conditions This trail is along a 1.1-mile long segment of the Herndon Canal from Hughes Avenue to Fruit Avenue in northwest Fresno, between State Routes 41 and 99. Surrounded by mostly residential and commercial areas, the canal serves as a source of water to the agricultural areas on the west side of the City. Throughout the corridor, the right-of-way, defined by walls and fences, varies from approximately 95 to 116 feet. The canal, on average, is 50 feet in width and the banks on either side range from 18 to 33 feet. The unpaved banks are relatively flat, but steep drop-offs of about 2 feet exist along some of the fences. Both sides of the banks are also used as maintenance access for the canal. Driveway approaches are provided when sidewalks exist along the crossing streets, as shown in the image to the right. The canal crosses two collectors, Hughes Avenue and Fruit Avenue, and two arterials, West Avenue and Ashlan Avenue, within the project segment. Class II bike facilities and sidewalks exist on all four roadways. However, the canal crossing at Hughes Avenue is narrow, so the Class II bike lanes and sidewalks do not continue across the canal bridge. The signalized intersection of West Avenue and Ashlan Avenue has existing curb ramps on all four corners and crosswalks across all legs. Due to the canal’s proximity to this intersection, the canal crossings along the north leg and east leg of the intersection are only about 300 feet apart. Utilities such as water, sewer, and overhead electrical lines are located in the intersecting roadways, but no major utilities exist along the canal. West of the canal crossing at West Avenue, an electrical overhead line crosses the right-of-way and continues parallel to the canal’s right-of- way limits, though most of the utility poles and equipment are outside of the limits. Some of the utility facilities present in the segment include City of Fresno Department of Public Utilities (DPU), Fresno Metropolitan Flood Control District (FMFCD), MCI Inc. Telecommunications Company, PG&E, AT&T, Level 3 Communications, Comcast, and Golden State Utility Company. Herndon Canal west of Emerson Avenue Herndon Canal south of Hughes Avenue Herndon Canal west of Fruit Avenue; driveway to the left of bridge CORRIDOR A: HERNDON CANAL | 57 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Basis of Design, Feasibility, and Recommendations The project team explored alignments on both the north and south sides of the canal. Considerations included the availability of level bank, connections to residences and destinations, the ability to safely and comfortably cross West Avenue and Ashlan Avenues, utility conflicts, and right-of-way restrictions like the bridge over Ashlan Avenue. The south side of the canal has a wider bank and is closer to the signalized intersection of Fruit and Ashlan Avenues, potentially making the crossing of these two multi-lane roadways with higher vehicles speeds and volumes roadways easier. However, the City met with Fresno Irrigation District (FID) to discuss the alignment and FID reported that they use the south side of the canal for maintenance activities. Their preference is for the trail to be on the north side. Thus, a concept on the north side was developed. As the bank on the north side is narrower, with a minimum of 16 feet in some sections, it will not be possible to achieve the City’s full 25-foot bicycle/pedestrian trail “easement” for trails along canals (see Figure 2, Chapter 1). A 12-foot trail with 2-foot shoulders is feasible in most places, but the shoulders must be reduced to 1 foot in a few constrained areas. A 2-foot set back from the edge of the canal is feasible in most places. The remaining right- of-way between the trail and property line varies along the alignment between 0 and 12 feet. The primary challenge of a trail alignment on the north side is the ability to create safe and convenient crossings of West and Ashlan Avenues. The canal crosses (under) each roadway close to, but not at the intersection, and yet not far enough away from the intersections to be a true mid-block crossing. Two concepts were developed to provide options for safer crossings of West and Ashlan. Option A shows proposed crossings at both West and Ashlan Avenues where the canal meets these roadways. The proposed crossing at Fruit is located approximately 160 feet from the signalized intersection and the crossing at Ashlan is approximately 320 feet from the signalized crossing. Per the City’s Trail Guidelines for crossing treatments, these crossings would include a central refuge island and a HAWK signal to facilitate safer crossings. The existing bike lanes on both streets would ramp up to sidewalk level to allow bicyclists to access the crossings. Option B proposes using the existing signalized intersection of West and Ashlan to cross trail users from one side to the other. Eastbound trail users approaching West Avenue would be channeled to a widened sidewalk on the west side of the street, leading to the northwest corner of the crossing. Westbound trail users on Ashlan Avenue would access the intersection via a widened sidewalk on the southeast side of the intersection. A diagonal crossing of the intersection, with a bicycle signal, from the northwest corner to the southwest, is proposed as an option. Other signalization options include an all-walk, or a conventional two-stage crossing (as exists today) with a leading pedestrian interval to give trail users a head-start on the crossing. Right turns on the red signal would need to be restricted (and enforced) for the diagonal and all-walk options. Each crossing option (A and B) has benefits and challenges and should be analyzed further in future design stages. The “mid-block” crossings would be convenient for trail users, providing a direct route with no out-of-direction travel. However, it requires crossing two high-speed multi-lane roadways. Depending on volumes at the signal, this could mean potential delay for trail users. Use of the existing signalized intersection, on the other hand, Herndon Canal east of Hughes Avenue FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR A: HERNDON CANAL | 58 requires out-of-direction travel in both directions but may pose less delay to trail users because the crossing movement would be coordinated with the existing signal. The types of crossings proposed in Option B would require major signal timing modifications, which would likely be expensive. Signal cycle lengths will be very long to ensure that there is adequate pedestrian clearance time for a pedestrian walking at 3.5 feet per second to walk the entire intersection. The diagonal crossing, for example, would be approximately 150-feet long, resulting in a crossing time of over 43 seconds, plus the walk period at the start. At the eastern trail terminus of the trail on Fruit Avenue, a midblock crossing with a Rectangular Rapid Flash Beacon (RRFB) is proposed to allow trail users to connect to the bike lanes and sidewalk on Fruit. Proposed Amenities The narrow north bank does not afford much space for amenities. Where there is opportunity for a wider buffer between the trail and the property line, 5 feet minimum, shade trees are proposed. Two small rest areas are proposed along this segment, approximately mid-way between Hughes and West and between West and Ashlan. These rest areas would consist of a concrete pad with a bench, trash receptacle, dog waste station, wayfinding/informational kiosk, and shade trees. Wayfinding signs would be placed at the intersections/ trail crossings at Hughes, West, Ashlan, and Fruit to facilitate connections with existing Class II bike lanes and nearby destinations. The canal itself does not benefit from existing street lighting, except at intersections (at Hughes, West, Ashlan, and Fruit). Per the City’s Trail Guidelines, lighting is recommended along the length of all the trail. Path lighting is recommended, at a height of up to 15 feet high, 5 lux/0.5 footcandles per light. 21'-36'62'16'-30' canal access pathherndon canalcanal access path 21'-36'62'16'-30' canal access pathherndon canalcanal access path 21'-36'62'2'0'-12' class I trail landscape buffer fenceherndon canalcanal access path 12' 1'-2'1'-2' 21'-36'62'2'0'-12' class I trail landscape buffer fenceherndon canalcanal access path 12' 1'-2'1'-2' PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR A: HERNDON CANAL TRAIL - CROSS SECTIONS EXISTING CROSS SECTION HERNDON CANAL PROPOSED CROSS SECTION HERNDON CANAL NORTH SIDE OF CANAL SOUTH SIDE OF CANAL NORTH SIDE OF CANAL SOUTH SIDE OF CANAL CORRIDOR A: HERNDON CANAL | 59 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Micro s of t C or p or ati o n © 2 0 1 9 Di gi t al Gl o b e © C N E S ( 2 0 1 9) Distribution Ai r b u s D S © 2019 Micro s oft C o r p o r ati o n © 2 0 1 9 Di git al Gl o b e © C N E S ( 2 0 1 9) Distribution Ai r b u s D S © 2019 Micro s oft C o r p o r a ti o n © 2 0 1 9 Di git al Gl o b e © C N E S ( 2 0 1 9) Distribution Air b u s D S PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR A: HERNDON CANAL TRAIL - SHEET A1 12' PROPOSED CLASS I CANAL-SIDE TRAIL PROPOSED LANDSCAPE BUFFER (WIDTH VARIES) PROPOSED FENCE AND 2' BUFFER 12' PROPOSED CLASS I CANAL-SIDE TRAIL PROPOSED FENCE AND 2' BUFFER PROPOSED LANDSCAPE BUFFER (WIDTH VARIES) HERNDON CANAL HERNDON CANAL PROPOSED WAYFINDING (TYP) PROPOSED REST STOP WITH TRASH RECEPTACLE, BENCH, DOG WASTE STATION, AND TREES Herndon Canal Trail Concept Design CORRIDOR A: HERNDON CANAL | 60 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR A: HERNDON CANAL TRAIL - SHEET A2 12' PROPOSED CLASS I CANAL-SIDE TRAIL PROPOSED FENCE AND 2' BUFFER PROPOSED LANDSCAPE BUFFER (WIDTH VARIES) HERNDON CANAL RAMP UP BIKE LANE TO SIDEWALK LEVEL PROPOSED MID-BLOCK HAWK CROSSING PROPOSED MID-BLOCK HAWK CROSSING PROPOSED REST STOP WITH TRASH RECEPTACLE, BENCH, DOG WASTE STATION AND TREE RAMP UP BIKE LANE TO SIDEWALK LEVEL PROPOSED WAYFINDING (TYP) HERNDON CANAL PROPOSED FENCE AND 2' BUFFER PROPOSED WAYFINDING (TYP) 12' PROPOSED CLASS I CANAL-SIDE TRAIL PROPOSED LANDSCAPE BUFFER (WIDTH VARIES) OPTION B: DIAGONAL CROSSING OPTION A: MIDBLOCK CROSSINGS PROPOSED CURB RAMP 12' PROPOSED CLASS I TRAIL PROPOSED LANDSCAPE BUFFER (WIDTH VARIES) PROPOSED BICYCLE RAMP PROPOSED DIAGONAL BICYCLE CROSSING CORRIDOR A: HERNDON CANAL | 61 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR A: HERNDON CANAL TRAIL - SHEET A3 HERNDON CANAL HERNDON CANAL 12' PROPOSED CLASS I CANAL-SIDE TRAIL PROPOSED LANDSCAPE BUFFER (WIDTH VARIES) 2' PROPOSED LANDSCAPE BUFFER WITH FENCE 12' PROPOSED CLASS I CANAL-SIDE TRAIL PROPOSED FENCE AND 2' BUFFER x2 PROPOSED WAYFINDING (TYP) PROPOSED RRFB CROSSING CORRIDOR A: HERNDON CANAL | 62 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR A: HERNDON CANAL | 63 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR A: HERNDON CANAL #39 TRAIL ESTIMATE OPTION A * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $130,000 $130,000 2 ROADWAY EXCAVATION CY 3000 $35 $105,000 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 850 $150 $127,500 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 170 $100 $17,000 5 SLURRY SEAL (TYPE II)ELT 22 $1,500 $33,000 6 TRAIL AGGREGATE BASE (CLASS II)TON 1500 $30 $45,000 7 DECOMPOSED GRANITE SF 33000 $5 $165,000 8 MULTI-PURPOSE TRAIL CONCRETE CURB LF 11000 $16 $176,000 9 TRAIL FENCE LF 5500 $20 $110,000 10 CITY OF FRESNO 6" CURB AND GUTTER LF 900 $30 $27,000 11 CITY OF FRESNO 8" MEDIAN ISLAND CURB LF 1100 $20 $22,000 12 CITY OF FRESNO SIDEWALK SF 19700 $8 $157,600 13 CURB RAMPS/DRIVEWAYS EA 14 $8,000 $112,000 14 INSTALL BOLLARDS EA 18 $200 $3,600 15 TRUNCATED DOMES SF 160 $50 $8,000 16 BENCH EA 2 $1,900 $3,800 17 TRASH RECEPTACLE EA 2 $1,560 $3,120 18 DOG WASTE STATION EA 2 $460 $920 19 WAYFINDING KIOSK EA 2 $5,000 $10,000 20 LIGHTING EA 40 $5,500 $220,000 21 LANDSCAPE/IRRIGATION SF 14500 $10 $145,000 22 TREES EA 40 $500 $20,000 23 INSTALL RECTANGULAR RAPID FLASHING BEACON (RRFB)EA 1 $45,000 $45,000 24 INSTALL HIGH INTENSITY ACTIVATED CROSSWALK (HAWK) SYSTEM EA 2 $200,000 $400,000 25 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $25,400 $25,400 26 SIGNAGE LS 1 $7,000 $7,000 27 DRAINAGE (8%)LS 1 $169,600 $169,600 28 MINOR ITEMS LS 1 $211,900 $211,900 29 MOBILIZATION (10%)LS 1 $250,100 $250,100 SUBTOTAL=$,2750, 600 GRAND TOTAL SOFT COSTS (25%) * = $687,700 CONTINGENCY (30%) = $825,200 GRAND TOTAL = $4,263,500 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR A: HERNDON CANAL | 64 CORRIDOR A: HERNDON CANAL #39 TRAIL ESTIMATE OPTION B * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $49,000 $49,000 2 ROADWAY EXCAVATION CY 2550 $35 $89,250 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 850 $150 $127,500 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 315 $100 $31,500 5 SLURRY SEAL (TYPE II)ELT 3 $1,500 $4,500 6 TRAIL AGGREGATE BASE (CLASS II)TON 1460 $30 $43,800 7 DECOMPOSED GRANITE SF 33000 $5 $165,000 8 MULTI-PURPOSE TRAIL CONCRETE CURB LF 11000 $16 $176,000 9 TRAIL FENCE LF 5300 $20 $106,000 10 CITY OF FRESNO 6" CURB AND GUTTER LF 530 $30 $15,900 11 CITY OF FRESNO SIDEWALK SF 4160 $8 $33,280 12 CURB RAMPS/DRIVEWAYS EA 6 $8,000 $48,000 13 INSTALL BOLLARDS EA 12 $200 $2,400 14 TRUNCATED DOMES SF 90 $50 $4,500 15 BENCH EA 2 $1,900 $3,800 16 TRASH RECEPTACLE EA 2 $1,560 $3,120 17 DOG WASTE STATION EA 2 $460 $920 18 WAYFINDING KIOSK EA 2 $5,000 $10,000 19 LIGHTING EA 35 $5,500 $192,500 20 LANDSCAPE/IRRIGATION SF 14000 $10 $140,000 21 TREES EA 40 $500 $20,000 22 INSTALL RECTANGULAR RAPID FLASHING BEACON (RRFB)EA 1 $45,000 $45,000 23 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $26,300 $26,300 24 SIGNAGE LS 1 $5,000 $5,000 25 DRAINAGE (8%)LS 1 $107,500 $107,500 26 MINOR ITEMS (10%)LS 1 $134,400 $134,400 27 MOBILIZATION (10%)LS 1 $158,600 $158,600 SUBTOTAL=$1,743,800 GRAND TOTAL SOFT COSTS (25%) * = $436,000 CONTINGENCY (30%) = $523,200 GRAND TOTAL = $2,703,000 CORRIDOR B: KEARNEY BOULEVARD | 65 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Corridor B: Kearney Boulevard Vicinity Map From West Avenue to Fresno Street FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR B: KEARNEY BOULEVARD | 66 Context and Connections Kearney is an 11-mile boulevard that connects downtown Fresno to the former home of Martin Theodore Kearney. It is a designated historic corridor. Developed in 1900, it was planted with alternating eucalyptus and palm trees and 18,000 white and pink oleanders. The Southwest Fresno Specific Plan (2017) designated the Kearney Boulevard Historic Overlay to “attract and encourage low- density residential development with enhanced design and landscaping standards along Kearney Boulevard to support a Historic Corridor, while preserving the corridor’s scenic quality (Policy LU-2.4).” The Southwest Fresno Specific Plan’s development and design standards indicated that “all development shall continue the historic configuration of the boulevard with frontage roads on either side separated by planted side medians.” Kearney Boulevard has continuous sidewalks and Class II bike lanes from West Avenue eastward to its terminus at Fresno Street, making it a primary bike route in this area of Southwest Fresno. It intersects with bikes lanes on Thorne Avenue, and Fresno Street, and provides connections to Basin FF, Fresno, and Neilson parks, as well as Fresno Chandler Executive Airport, Edison Bethune Charter School, Columbia Elementary, and Big Picture Educational Academy. DESIGN DATA SUMMARY: Kearney Boulevard Extents West Avenue To Fresno Street, 1.33 miles Classification Scenic collector Description A broad tree-lined boulevard, with access roads on either side of central travel way Existing Cross-section A central boulevard with two travel lanes and Class II bike lanes in each direction, bordered by planting medians on each side Parallel frontage roads on either side of the boulevard operate as a one-way couplet. Each have a parking lane, a one-way travel lane and a second lane for travel and/or parking, except adjacent to the airport Sidewalks border each frontage road when they are adjacent to private property Right-of-way width Varies from 140’ to 147’, typical width is 152’ Street width (Curb to curb or pavement edges) Frontage roads: Northern (westbound) varies from 16’-28’ Southern (eastbound) varies from 23’-32’ Central boulevard: 36’-38’ Average Daily Traffic East of West Avenue: eastbound 1,096, westbound 1,022 Major cross-streets Kearney Boulevard and Thorne Avenue Design proposal Reallocate space on south frontage road to accommodate a 12’ trail with 1’ shoulders on each side trail by: • Consolidating parking to the south side of the frontage road (in front of residences) • Creating one travel lane, with a width of 12’, with a 2’ buffer from trail • Placing trail adjacent to median, on north side of road • Reducing width of planted median by 4’ Corridor B: Kearney Boulevard Trail CORRIDOR B: KEARNEY BOULEVARD | 67 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN FAX Route 28 runs eastbound along Kearney Boulevard from Crystal to Trinity. Existing Conditions Kearney Boulevard from West Avenue to Fresno Street is classified as a two-lane Scenic Collector, surrounded by a mixture of land uses, including industrial, public and institutional, open space and residential. This segment is located on the southwest side of Fresno, south of State Route 180. There are 12 stop-controlled intersections along this segment, most of which are local roads; Kearney Boulevard is all-way stop-controlled at West Avenue, Fruit Avenue, Thorne Avenue and Fresno Street. Two of the intersecting streets are collectors (West Avenue and Thorne Avenue) and one is an arterial (Fresno Street). Two one-way frontage roads run parallel to Kearney Boulevard from West Avenue to Pickford Avenue. The north frontage is westbound, and the southern road is eastbound. They are separated by landscaped medians lined with mature palm trees spaced about 50 feet apart, with shrubs in between. According to the City of Fresno General Plan, policies have been established to protect the trees lining roads classified as Scenic Corridors, meaning the trees along Kearney Boulevard should be preserved. The frontage roads are separated from Kearney Boulevard by two roughly 20-foot wide landscaped medians. The Kearney Frontage Road east of South West Avenue Kearney Frontage Road west of South Teilman Avenue Kearney Frontage Road east of South Trinity StreetKearney Frontage Road west of South Modoc Street FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR B: KEARNEY BOULEVARD | 68 central roadway is two lanes with 6-foot-wide Class II bike lanes on either side of the road. Right-of-way throughout the project varies from 140 to 167 feet in width and includes both frontage roads. The northern frontage road is approximately 18 feet in width while the southern frontage road is about 30 feet wide. Curbs, gutters, and sidewalks along the frontage roads are not continuous or consistent. Sidewalks range from 4 to 12 feet in width and are sometimes separated from the road with a landscape strip. There are three existing crosswalks: at the west leg of the West Avenue intersection, at the east leg of the Trinity Street intersection, and just east of the intersection with Pickford Avenue, where Mayor Avenue branches off of Kearney Boulevard. These crossings provide residents with access to destinations across the boulevard, like Big Picture High School and Columbia Elementary School. Water and sewer lines run along the frontage roads in addition to some overhead electrical and communication lines which end west of the intersection of Kearney Boulevard and Teilman Avenue. Basis of Design, Feasibility, and Recommendations The project team considered all alignment possibilities within this wide right-of-way: central roadway, north, and south frontage roads, and landscaped medians. Locating a trail in the frontage road is the most feasible option for the following reasons: • The median and the overall roadway configuration with the frontage roads are protected by the historic designation • The central boulevard is only two lanes wide and has Class II bike lanes that need to be maintained • The frontage roads have one-way operations, for local access only, and both have more than enough width for one parking lane and one travel lane, except adjacent to the airport (The southern frontage road is wider). • Parking utilization appears to be very low on both frontage roads. Parking could be consolidated onto one side of a frontage road to reallocate the space for a trail without impacting residential parking. Due to development restrictions near the Chandler Executive Airport and the fact that the southern frontage road is wider, the trail would be most feasible on the south frontage road, adjacent to the planted median (on the north side of the road). This would require parking to be consolidated from both sides to the side immediately adjacent to the residences (south side). However, there is not enough available width on the southern frontage road to achieve the City’s full 26-foot bike/pedestrian “easement” (see Figures 1 and 3 in Chapter 1). A 10-foot trail with 1-foot shoulders on each side is feasible, alongside a 12-foot travel lane and an 8-foot parking lane. Shoulders could be delineated with edge lines on the paved surface rather than soft-surface, to provide additional trail width. To achieve these minimum widths, a reduction in the median is necessary. To maintain the health of existing trees, as little space as possible would be taken (approximately 4 feet). To accomplish this, the buffer between trail and the travel lane along the frontage road would need to be reduced to 2 feet. While this is far below the City’s recommendation for a buffer width from a travel lane, this is a low-volume local street with one-way operations, so the comfort of trail users due to vehicle traffic will not be drastically impacted by the narrower buffer. Where Kearney meets Merced at the park, a small roundabout is proposed to help trail users navigate the junction smoothly. Where the Merced segment proceeds north, the eastbound leg of Kearney (designated Mayor Avenue) would be narrowed to slow drivers down at the crossing. This crossing and the crossing of the westbound leg of Kearney would both include a Rectangular Rapid Flashing Beacon (RRFB). The posted speed limit is currently 40 mph. A lower speed limit would make for a more comfortable biking environment. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR B: KEARNEY BOULEVARD | 69 Proposed Amenities The existing planted median will provide a buffer from the busier central roadway of the boulevard. There is not enough room for street trees on the southern trail buffer. Wayfinding signs would be placed at the intersections of all major streets to enable connections with existing Class II bike lanes and nearby destinations (e.g. West, Thorne, Trinity, and Merced). Per the City’s Trail Guidelines, lighting is recommended along the length of the trail. Considering the need to maintain the historic configuration of the boulevard, there are limited opportunities for rest stops along Kearney except at the junction with the Merced corridor. The triangular right- of-way that forms a park provides a convenient spot for a rest area, with a concrete pad, bench, trash receptacle, dog waste station, and a wayfinding/informational kiosk. There are existing shade trees in the park, and a drinking fountain in the restroom building. 6'9'12'20'6'12'12'6'20'24'8'5'6' sidewalk landscape buffer landscaped median landscaped median landscape buffer sidewalktravel lane travel lanetravel lane travel lane bicycle lane bicycle lane parking 8' parking 6'9'20'6'12'12'6'16'12'4'10'8'5'6' sidewalk landscape buffer landscaped median landscape buffer landscape buffer landscape buffer sidewalktravel lanetravel lane travel lane bicycle lane bicycle lane parkingclass I trail 12' travel lane 8' parking 1'1' PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR B: KEARNEY BOULEVARD TRAIL - CROSS SECTIONS EXISTING CROSS SECTION KEARNEY BOULEVARD PROPOSED CROSS SECTION KEARNEY BOULEVARD NORTH FRONTAGE ROAD SOUTH FRONTAGE ROAD NORTH FRONTAGE ROAD SOUTH FRONTAGE ROAD Kearney Boulevard Trail Concept Design CORRIDOR B: KEARNEY BOULEVARD | 70 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR B: KEARNEY BOULEVARD TRAIL - SHEET B1 12' PROPOSED CLASS I TRAIL 2' PROPOSED LANDSCAPE BUFFER 12' PROPOSED CLASS I TRAIL 4' PROPOSED LANDSCAPE BUFFER MAINTAIN EXISTING TREES MAINTAIN EXISTING TREES PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED WAYFINDING (TYP) FRESNO CHANDLER EXECUTIVE AIRPORT PROTECT EXISTING TREE CORRIDOR B: KEARNEY BOULEVARD | 71 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR B: KEARNEY BOULEVARD TRAIL - SHEET B2 12' PROPOSED CLASS I TRAIL PROPOSED HIGH-VISIBILITY CROSSWALK 12' PROPOSED CLASS I TRAIL 4' PROPOSED LANDSCAPE BUFFER MAINTAIN EXISTING TREES MAINTAIN EXISTING TREES 4' PROPOSED LANDSCAPE BUFFER PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) FRESNO CHANDLER EXECUTIVE AIRPORT PROTECT EXISTING TREE PROTECT EXISTING TREE PROTECT EXISTING TREE CORRIDOR B: KEARNEY BOULEVARD | 72 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR B: KEARNEY BOULEVARD TRAIL - SHEET B3 12' PROPOSED CLASS I TRAIL 4' PROPOSED LANDSCAPE BUFFER 12' PROPOSED CLASS I TRAIL 4' PROPOSED LANDSCAPE BUFFER CONNECTION TO PROPOSED CORRIDOR C: MERCED STREET BIKE BOULEVARD CONNECTION TO PROPOSED CORRIDOR C: MERCED STREET BIKE BOULEVARD PROPOSED TRAIL ROUNDABOUT MAINTAIN EXISTING TREES PROTECT EXISTING TREE MAINTAIN WESTBOUND ONE-WAY OPERATION OF FRONTAGE ROAD PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED WAYFINDING (TYP) PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED WAYFINDING KIOSK, TRASH RECEPTACLE, DOG WASTE STATION, AND TREES PROPOSED WAYFINDING (TYP) • • • • • • • •12'PROTECT EXISTING TREES PROTECT EXISTING TREES PROTECT EXISTING TREES PROPOSED RRFB CROSSINGS CORRIDOR B: KEARNEY BOULEVARD | 73 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR B: KEARNEY BOULEVARD | 74 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR B: KEARNEY BOULEVARD TRAIL ESTIMATE * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $40,000 $40,000 2 ROADWAY EXCAVATION CY 5500 $35 $192,500 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 970 $1500 $97,000 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 480 $100 $48,000 5 SLURRY SEAL (TYPE II)ELT 25 $1,500 $37,500 6 TRAIL AGGREGATE BASE (CLASS II)TON 1700 $30 $51,000 7 DECOMPOSED GRANITE SF 13000 $5 $65,000 8 IMPORT/BORROW CY 1700 $25 $42,500 9 MULTI-PURPOSE TRAIL CONCRETE CURB LF 13000 $16 $208,000 10 CITY OF FRESNO 6" CURB AND GUTTER LF 7500 $30 $225,000 11 CITY OF FRESNO SIDEWALK SF 23550 $8 $188,400 12 CURB RAMPS/DRIVEWAYS EA 41 $8,000 $328,000 13 INSTALL BOLLARDS EA 57 $200 $11,400 14 TRUNCATED DOMES SF 400 $50 $20,000 15 8 FT BENCH EA 1 $1,900 $1,900 16 TRASH RECEPTACLE EA 1 $1,560 $1,560 17 DOG WASTE STATION EA 1 $460 $460 18 WAYFINDING KIOSKS EA 1 $5,000 $5,000 19 LIGHTING EA 44 $5,500 $242,000 20 LANDSCAPE/IRRIGATION SF 22500 $10 $225,000 21 TREE EA 1 $500 $500 22 INSTALL RECTANGULAR RAPID FLASH BEACON EA 2 $45,000 $90,000 23 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $40,000 $40,000 24 SIGNAGE LS 1 $18,000 $18,000 25 DRAINAGE (8%)LS 1 $174,300 $174,300 26 MINOR ITEMS (10%)LS 1 $217,900 $217,900 27 MOBILIZATION (10%)LS 1 $235,400 $235,400 SUBTOTAL=$2,829,000 GRAND TOTAL SOFT COSTS (25%) * = $707,300 CONTINGENCY (30%) = $848,700 GRAND TOTAL = $4,385,000 CORRIDOR C: MERCED AND THORNE | 75 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Corridor C: Merced and Thorne Vicinity map Merced Street from S Thorne Avenue to B Street, S Thorne Avenue from Merced Street to California Avenue FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED AND THORNE | 76 Context and Connections The proposed Merced Street Bike Boulevard will provide connectivity between the Southwest, neighborhood and the business district on B Street between Tuolumne Street and Fresno Street, as well as connections into and out of downtown over State Route 99. Merced Street connects to sidewalks and Class II bike lanes on Thorne Avenue and Kearney Boulevard, and to transit stops on East Eden Avenue and East Strother Avenue. FAX Route 38 travels down Fresno Street, parallel to this route. Thorne Avenue is a collector street with existing Class II bike lanes and sidewalks. It intersects with Class II bike lanes on California Boulevard, Kearney Boulevard, Amador Street, and Whitebridge Avenue. It provides connections DESIGN DATA SUMMARY: Merced Street Extents Merced Street from Thorne Avenue to B Street, 0.92 miles total Classification Local Description Low-volume local street Existing Cross-section Parking, sidewalks, street trees on both sides, two parking lanes, two travel lanes Right-of-way width 77’-82’ Street width (Curb to curb or pavement edges)36’ Average Daily Traffic Not available Major cross-streets Kearney Boulevard Design proposal Bike Boulevard/Class III bikeway with crossing improvements on the northwest side of the street DESIGN DATA SUMMARY: Thorne Avenue Extents Thorne Avenue from California Avenue to Merced Street (approximately 525’) Classification Collector Description North-south collector linking neighborhood to businesses Existing Cross-section Sidewalks and narrow planting strips on both sides, two travel lanes, center turn lane, Class II bike lanes in each direction Right-of-way width 73’ Street width (Curb to curb or pavement edges)501’ Average Daily Traffic Not available Major cross-streets California Avenue Design proposal Maintain three-lane configuration but remove Class II bike lanes, move curb on east side to create a 12’ trail with 2’ shoulders where sidewalk exists today; 4’ buffer between trail and travel lanes Corridor C: Merced Bike Boulevard and Thorne Connector CORRIDOR C: MERCED AND THORNE | 77 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Merced Street east of Thorne Street Thorne Avenue north of California Avenue to Fink White Park, Columbia Elementary School, Fresno Chandler Executive Airport, Fresno Park, and the planned Southwest Fresno Trail along the planned Fanning Ditch Trail Alignment. Existing Conditions This segment runs along Thorne Avenue for about 525 feet (from California Avenue to Merced Street) and along Merced Street for 0.8 miles (from Thorne Avenue to B Street). It is a 1-mile section of road located in Southwest Fresno, south of the junction of State Routes 180 and 99. Thorne Avenue is a north-south collector while Merced Street is a local road that runs diagonally in the northeast/ southwest direction. Kearney Boulevard divides Merced Street at the northern end of the project area. Merced Street, however, does not give drivers direct access to Kearney Boulevard as it stops at Collins Avenue and continues at the northern frontage road along Kearney Boulevard. These streets are surrounded by neighborhood mixed use, commercial and residential areas. The roadway width of Thorne Avenue is 50 feet with a right-of-way width of 70 feet. The cross-section includes one lane in each direction, a two-way left turn lane, sidewalks and 5-foot Class II bike lanes on both sides of the road. There is pedestrian access through a 4-foot sidewalk on both sides of the street which is buffered by a 5-foot landscape strip. The intersection of California Avenue and Thorne Avenue is signalized. The cross-section of Merced Street stays consistent from Thorne Avenue to B Street. The roadway width is 36 feet and a right-of-way width is 80 feet. There is one lane in each direction and on-street parking. Existing sidewalks are continuous along both sides of the roadway and are separated from the street by landscape strips. The sidewalk is variable, ranging from 4 to 6 feet. There are many curb ramps along the segment, several of which also function as driveways for the residents due to their alignment with street crossings and alleys. There are existing crosswalks across Kearney Boulevard, Mayor Avenue and the Kearney Boulevard Frontage road that allow pedestrians to access both residential areas on either side of Kearney Boulevard. The existing utilities along this segment include: water, sewer, and joint overhead electrical and communication lines. Overhead utilities run along the north side of the street from Thorne Avenue to Martin Avenue. The overhead facilities also cross the street again in several other locations, including: Myers Avenue, Trinity Street, Waterman Avenue, and just south of Pickford Avenue. Utility facilities present in the segment include City of Fresno Department of Public Utilities (DPU), Fresno Metropolitan Flood Control District (FMFCD), MCI Inc. Telecommunications company, PG&E, AT&T, Level 3 Communications, Comcast, Golden State Utility Company, and many others. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED AND THORNE | 78 Basis of Design, Feasibility, and Recommendations Merced Street As Merced Street is a low-volume, low-speed local street with adequate sidewalks and mature street trees, a comfortable biking and walking environment can be achieved through implementation of a bicycle (bike) boulevard. A bicycle boulevard is a variation of a Class III bikeway (a shared roadway), located on low-volume, low- speed roadways that are shared by drivers and bicyclists. Bicycle boulevards include treatments that indicate bicycle priority, such as bicycle/pedestrian warning signs for drivers, shared lane markings, wayfinding signs for bicycles, and enhancements to make crossings safer. They may also include traffic calming. This proposal has several advantages; it allows retention of all existing residential parking and existing street trees, and lower implementation costs. For bicyclists, enhancements will consist of pavement markings (shared lane markings) and wayfinding signs. Where Merced intersects the orthogonal street grid at a diagonal, there are six triangular lots at the following corners: 1. Myers Avenue and Plumas Street 2. Modoc Street and Eden Street 3. Trinity Street and Strother Avenue 4. Stephens Avenue and Hawes Avenue 5. Pickford and Kearney Avenue 6. Snow Avenue and Oleander Avenue All except the last one are public right-of-way. To reduce pedestrian crossing exposure and enhance the walking environment, curb bulb-outs are proposed on the approaches of each of these triangular lots. The side streets on Merced do not align to create direct crossings, so cross-traffic is likely minimal. Vehicle volumes and speeds on this street are presumed to be low, and if they remain so, additional traffic calming would not be necessary. Thorne Avenue This a very constrained corridor. The property along the eastern edge is developed close to the property line, there are utilities in the planting strip, and the street does not have much excess width to spare. For the existing roadway operations, with two travel lanes and a center turn lane to be maintained, the best option for accommodating the trail is to remove the Class II bike lanes. A trail could be accommodated by reducing lane widths and eliminating the bike lanes. A 12-foot trail with 2-foot shoulders on each side and 4-foot landscape buffer from the travel lanes is feasible. The existing 4-foot landscape buffer between the trail and the existing 5-foot sidewalk would remain. This is a short segment of trail connecting two other facilities (on Merced and California); the trade-off Merced Street between A Street and B Street Merced Street north of Meyers Avenue FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED AND THORNE | 79 of losing the Class II bike lanes and having a slightly narrower facility is the Class I connection to two longer trail segments which will serve all ages and abilities. Given the connections to Merced Street to the north and California Avenue to the south, as well as the lack of side street connections and driveways on the east side, the east side of Thorne Avenue is most feasible for the alignment of a trail. Where the bike boulevard treatment on Merced Street meets Thorne Avenue, a curb bulb-out on the southeast corner and crosswalks on the north and east legs will facilitate the movement of bikes and pedestrians to connect with the trail on Thorne Avenue. Proposed Amenities Merced Street This alignment benefits from a mature tree canopy; no other plantings are proposed. Pavement markings and wayfinding signs are proposed along Merced at regular intervals and at key intersections (B Street, Thorne, California). Because this is a longer segment, a rest area is recommended. The triangular lot bordered by Snow and Oleander affords enough space to create a rest stop with benches, a trash receptacle, a dog waste station, and a wayfinding kiosk. Thorne Avenue Due to the constrained conditions, and the fact that this segment is only a block long, the only amenities proposed are wayfinding signs. Per City of Fresno Trail Design Guidelines, overhead lighting is recommended along both of these corridors where needed to supplement street lighting. DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 6'5'12'7'12' sidewalk 7'6'4' landscape buffer landscape buffer travel lane sidewalktravel lane bicycle lane bicycle lane 13' two-way left turn lane 6'11'5' sidewalklandscape buffer travel lane travel lanetwo-way left turn lane 11'11'12' class I trail 5' landscape buffer 2'4'5' 6'18'8'12'8'12'4' sidewalk landscape buffer landscape buffer sidewalktravel lane parkingparking 12' travel lane 6'18'12'4'sidewalk landscape buffer landscape buffer sidewalk 8'12'8' travel lane parkingparking12'travel lane PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR C: MERCED STREET BIKE BOULEVARD AND THORNE AVENUE CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION THORNE AVENUE PROPOSED CROSS SECTION THORNE AVENUE EXISTING CROSS SECTION MERCED STREET PROPOSED CROSS SECTION MERCED STREET WEST SIDE OF STREET EAST SIDE OF STREET NORTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET SOUTH SIDE OF STREET WEST SIDE OF STREET EAST SIDE OF STREET Merced Bike Boulevard and Thorne Connector Concept Design CORRIDOR C: MERCED AND THORNE | 80 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED AND THORNE | 80 DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR C: MERCED STREET BIKE BOULEVARD AND THORNE AVENUE CONNECTOR - SHEET C1 12' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFER PROPOSED SHARED LANE MARKINGS PROPOSED BICYCLE RAMP, TYP. PROPOSED CURB EXTENSION AND CURB RAMP PROPOSED CURB EXTENSION AND CURB RAMP PROPOSED CURB EXTENSION AND CURB RAMP CONNECTION TO PROPOSED CORRIDOR D: W CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR RELOCATE LIGHT POLE PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED WAYFINDING, TYP. PROPOSED WAYFINDING (TYP) PROPOSED RRFB CROSSING CONNECTION TO PLANNED FANNING DITCH TRAIL RELOCATE SIGNAL POLE PROPOSED WAYFINDING, TYP. CORRIDOR C: MERCED AND THORNE | 81 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR C: MERCED STREET BIKE BOULEVARD AND THORNE AVENUE CONNECTOR - SHEET C2 PROPOSED SHARED LANE MARKINGS PROPOSED CURB EXTENSIONS AND CURB RAMPS PROPOSED CURB EXTENSION AND CURB RAMP PROPOSED CURB EXTENSION AND CURB RAMP PROPOSED CURB EXTENSION AND CURB RAMP PROPOSED CURB EXTENSION AND CURB RAMP PROPOSED SHARED LANE MARKINGS PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) CORRIDOR C: MERCED AND THORNE | 82 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED AND THORNE | 82 DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DRAFT FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CONNECTOR C: MERCED STREET BIKE BOULEVARD AND THORNE AVENUE CONNECTOR - SHEET C3 PROPOSED SHARED LANE MARKINGS PROPOSED BICYCLE RAMP PROPOSED TRAIL ROUNDABOUT CONNECTION TO PROPOSED CORRIDOR B: KEARNEY BOULEVARD TRAIL CONNECTION TO PROPOSED CORRIDOR B: KEARNEY BOULEVARD TRAIL. SEE SHEETS B1-B3 PROPOSED BICYCLE RAMP PROPOSED SHARED LANE MARKINGS PROPOSED CURB EXTENSION PROPOSED CURB EXTENSION AND CURB RAMPS PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) • • • • • • • • 12' PROPOSED CURB EXTENSION AND CURB RAMP CORRIDOR C: MERCED AND THORNE | 83 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED AND THORNE | 83 CORRIDOR C: MERCED AND THORNE | 84 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR C: MERCED STREET & THORNE AVENUE TRAIL ESTIMATE * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $65,000 $65,000 2 ROADWAY EXCAVATION CY 900 $35 $31,500 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 80 $100 $8,000 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 145 $100 $14,500 5 SLURRY SEAL (TYPE II)ELT 20 $1,500 $30,000 6 TRAIL AGGREGATE BASE (CLASS II)TON 135 $30 $4,050 7 DECOMPOSED GRANITE SF 1700 $5 $8,500 8 IMPORT/BORROW CY 240 $25 $6,000 9 MULTI-PURPOSE TRAIL CONCRETE CURB LF 850 $16 $13,600 10 CITY OF FRESNO 6" CURB AND GUTTER LF 2150 $30 $64,500 11 CITY OF FRESNO SIDEWALK SF 17400 $8 $139,200 12 CURB RAMPS/DRIVEWAYS EA 32 $500 $16,000 13 TRUNCATED DOMES SF 340 $50 $17,000 14 LIGHTING EA 3 $5,500 $16,500 15 LANDSCAPE/IRRIGATION SF 7400 $10 $74,000 16 INSTALL RRFP LS 1 $45,000 $45,000 17 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $51,000 $51,000 18 SIGNAGE LS 1 $5,000 $5,000 19 DRAINAGE (8%)LS 1 $48,800 $48,800 20 MINOR ITEMS (10%)LS 1 $61,000 $61,000 21 MOBILIZATION (10%)LS 1 $72,000 $72,000 SUBTOTAL=$791,200 GRAND TOTAL SOFT COSTS (25%) * = $197,800 CONTINGENCY (30%) = $237,440 GRAND TOTAL = $1,126,400 CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 85 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Corridor D: California/Walnut to Hinton Park Vicinity Map California Avenue from Thorne Avenue to Walnut Avenue Walnut Avenue from California to Church Avenue Belgravia Avenue from Walnut Avenue to Hinton Park FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 86 DESIGN DATA SUMMARY: California Avenue Extents California Avenue from Thorne Avenue to Walnut Avenue, 0.96 miles Classification Arterial Description East-west arterial, established urban neighborhoods to the north and newer residential to the south. West Fresno Library is located at California at Walnut Existing Cross-section West of Plumas: westbound right turn lane, two travel lanes, auxiliary turn lanes at Thorne Avenue and Plumas Street intersections East of Plumas: three travel lanes (one westbound, two eastbound), auxiliary turn lanes at Plumas Street and Walnut Avenue intersections, bikes lanes in either direction, parking on both sides Right-of-way width 80’-128’ Street width Curb to curb (pavement edge)Varies, 60’ west of Plumas, 105’ east of Plumas Average Daily Traffic West of Walnut, eastbound: 5,127, westbound: 2,990 Major cross-streets California and Plumas Design proposal Trail alignment on the south side of street, as follows: West of Plumas: Eliminate westbound right lane, maintain two travel lanes and center turn lane, create trail with 6’ planted buffers on each side East of Plumas: Maintain all four travel lanes, parking lanes, and turn lane but reduce widths and eliminate Class II bike lanes, create trail with 4’ planted buffers on each side, maintain existing sidewalks Option B: 4 travel lanes, trail with’ planted buffers on each side, bike lanes in each direction DESIGN DATA SUMMARY: Walnut Avenue Extents California Avenue to Church Avenue Classification Collector Description Collector providing access to Edison High School, Computech Middle School, and Hinton Community Center and Park Existing Cross-section Two parking lanes, two travel lanes with bus stop pull outs Right-of-way width 65’-87’ Street width Curb to curb (pavement edge)30’-60’, 42’ Average Daily Traffic South of California, eastbound: 1,860, westbound 1,778 Major cross-streets California and Church Design proposal Remove parking lanes, add trail on east side with 4’ planted buffers on each side, maintain existing sidewalk Corridor D: California Avenue/Walnut to Hinton Park Connector CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 87 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Context and Connections There are existing Class II bike lanes and sidewalks on California Avenue from South Plumas Street to Ventura Street, which connect to Class II bike lanes and sidewalks on Thorne Avenue, Martin Luther King Jr. Boulevard, South Fig Avenue, and B Street/South Elm Avenue. This trail connection will provide connections and access to Pride Park, West Fresno Branch Library, Edison High School, Computech Middle School, Cecil C. Hinton Community Center and Park, Bigby Park, Frank H. Ball Park, Tupman Park, Lincoln Elementary School, and FAX route 38 (with stops on Walnut and Jensen) and the nearby Route 32, which runs along Martin Luther King Jr. Boulevard. California also connects to the funded Southwest Fresno Trail (Fanning Ditch Alignment) from West Avenue to Thorne Avenue, funded by the Transformative Climate Communities Program. Walnut Avenue provides connections to Edison High School, transit routes, Computech Middle School, and Cecil C. Hinton Community Center and Park. Existing Conditions This segment runs along California Avenue (from Thorne Avenue to Walnut Avenue), then continues along Walnut DESIGN DATA SUMMARY: Belgravia Avenue Extents From Walnut Avenue to South Fairview Avenue Classification Local Description Local access to residential and neighborhood park and community center Existing Cross-section One parking lane, two travel lanes Right-of-way width Belgravia: 64’ Street width Curb to curb (pavement edge)40’ Average Daily Traffic Not available Major cross-streets No major cross-streets, minor streets are South Walnut, Attucks, Banneker, Knight, and Fairview Avenues Design proposal Consolidate parking to south side only, widen existing sidewalk on north side to create trail, maintain street trees at back of walk, add a 4’ buffer between trail and travel lanes East Belgravia Avenue east of Walnut StreetCalifornia Avenue west of Plumas Street FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 88 Avenue (from California Avenue to Church Avenue), and also along Belgravia Avenue (from Walnut Avenue to the existing Fairview Trail at the intersection of Belgravia Avenue and the Fairview Trail). These roadways are located in Southwest Fresno near Edison High School. Together their limits span a total of 0.96 miles and encompass residential and neighborhood mixed-use areas. Existing utilities along these roadways include sewer, water, and electrical and communication overhead lines. The utility facilities present in the area include City of Fresno Department of Public Utilities (DPU), Fresno Metropolitan Flood Control District (FMFCD), MCI Inc. Telecommunications company, PG&E, AT&T, Level 3 Communications, Comcast, Golden State Utility Company, among others. California Avenue (Thorne Avenue to Walnut Avenue) This section of California Avenue, from Thorne Avenue to Walnut Avenue, is a minor arterial, located on the south side of Fresno, west of State Route 99. Destinations along this segment include Franklin Head Start Preschool, the West Fresno Branch Library, and Edison High School. The cross-section of California Avenue in this area varies due to development and changes in lane configurations. From Thorne Avenue to Plumas Street there is one lane in each direction, a 15-foot painted median, and a westbound left-turn lane at the Thorne Avenue and California Avenue signalized intersection. The roadway width at this location is 60 feet with a right-of-way width of 80 feet. At the Plumas Street intersection, which is all-way stop-controlled, the roadway widens to accommodate additional lanes to the east of the intersection. . Due to this widening, a channelized right-turn lane was added along the west leg. The roadway width at this location is widened to 105 feet and has a right-of way width of 128 feet. From Plumas Street to Walnut Avenue there are two lanes in the eastbound direction and only one in the westbound. Facilities for pedestrians and bicyclists are incomplete and inconsistent along California Avenue. The Class II bike lanes begin at Plumas Street (not at Thorne) and continue to Walnut Avenue, while sidewalk exists on both sides of the roadway segment with varying widths (5-10 feet). The intersection of Walnut Avenue and California Avenue is currently an all-way stop-controlled intersection, but currently in design for road improvements on the north side to “square up” the crossing and to add signalization. Walnut Avenue (California Avenue to Church Avenue) The Walnut Avenue segment runs north-south along the west side of Edison High School and Computech Middle School, from California Avenue to Church Avenue. This minor arterial is a two-lane roadway with a varying right- of-way width of 65 to 87 feet. The pavement also has a varying width (30-50 feet), increasing south of Belgravia Avenue to accommodate a right turn lane. Sidewalk exists on both sides of the roadway along this segment, however there are no bike facilities. The sidewalk on the west side of the roadway is not continuous, stopping just south of the apartment complex at Florence Avenue. On the east side, there is a 4-foot wide sidewalk along Edison High School separated from the road by a landscape strip. South of Belgravia Avenue, the sidewalk becomes 6 feet wide and has no landscape buffer/separation from the road. Belgravia Avenue (Walnut Avenue to Fairview Avenue) Belgravia Avenue, a local road, runs east-west and spans from Walnut Avenue to Fairview Avenue. The north end of the street borders Computech Middle School while the south is a medium density residential area. The right-of- way width is 64 feet and the roadway width is a constant 40 feet throughout the segment. Walnut Avenue north of Church Street CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 89 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Along Belgravia Avenue, there is no designated bike lane, but sidewalk exists on either side of the road. Sidewalk on the south side of the roadway is 4 feet wide and separated from the street, and the sidewalk on the north side of the road is 13 feet wide with no separation from the roadway. In addition, the north side has trees spaced every 50 feet along the sidewalk. Near the Belgravia Avenue and Fairview Avenue intersection, there is an existing 10-foot trail, the Fairview Trail, which was installed in late 2018. The Fairview Trail connects the two neighborhoods bordering Computech Middle School. This trail is at a prime location to service the adjacent bus stops along Belgravia Avenue. No overhead utilities exist in the area, but street lighting exists on both sides of the road. Basis of Design, Feasibility, and Recommendations California Avenue Between Thorne and Plumas, there is enough available right-of-way on California Avenue to accommodate a 12-foot trail with 2-foot shoulders, a currently existing 7-foot westbound Class II bike lane and a 5-foot buffer between the trail and travel lanes, if travel lanes are reduced in width (11 feet in some instances). There is also enough available right-of-way between the trail the property line to accommodate a 5-foot planting strip and create a 10-foot sidewalk. As the curb, gutter, and sidewalk are missing from segments of the blocks, the entire block face will require reconstruction. Were the sidewalk to be eliminated, there would be even more room to accommodate wider buffers and amenities on the trail. It is recommended that access management (a reduction in the number of driveways) be included to provide for a more protected biking and walking environment. The right-of-way at each corner of this block is angled. The trail has been aligned to take advantage of these irregularities. At Thorne, the trail angles down to connect to the planned Southwest Fresno Trail. At Plumas, the existing roadway and sidewalk is also angled, like the right-of-way. The trail will also be angled and aligned to connect to the existing east-west cross-walk on the south leg, but the right turn slip lane (westbound to southbound) is eliminated. Plumas extends to the south for only three blocks, provides access to a residential area only, and likely does not require a dedicated right turn lane. East of Plumas, the curb lines are not parallel as the roadway tapers from a wider to narrower cross-section. The southern curb angles down toward the west, creating an irregularly-shaped space. The sidewalk on this block face looks newly constructed, and is continuous. On this segment, a 12-foot trail with 2-foot shoulders, a 6-foot buffer between the trail and the travel lanes, and a new 3-foot buffer between the trail and existing sidewalk is proposed. Again, were the sidewalk to be eliminated, there would be even more room to accommodate wider buffers and amenities. At the corner with Walnut, the right turn lane would be retained to accommodate future turning volumes. The turn lane would be accommodated by eliminating a section of the existing sidewalk. The intersection of California and Walnut/Martin will also be upgraded with a signal through a separate project. A second design, Option B, shows a 4-lane cross-section and on both blocks and replaces the existing sidewalk on the segment between Plumas Street and Walnut Avenue with a Class I trail. This option would require the acquisition of 10,260 feet of right-of-way. Walnut Avenue The design team selected the east side of Walnut for the trail because of it is adjacent to Edison High School and it lacks side street and driveway conflicts. To accommodate the trail with minimal impact to the streetscape, the proposal is a combination of reducing lane widths and removing on-street parking. The segment from California south is the widest segment (approximately 37 feet). There is a parking lane on the west side but the adjacent library and apartment complex both have ample on-site parking. At Florence, Walnut narrows to 32 feet and the few residences along this segment immediately abut the roadway without a sidewalk. The same configuration exists between Florence and Belgravia (32 feet). Walnut widens to 43 feet south of Belgravia. Along these southern segments, there are a few west-side residences but all have driveways. A 10-foot trail with 1-foot shoulders (to be delineated with an edge line, not soft-surface), and a 4-foot buffer from the travel lane would be created by moving the curb to the west. This would retain the existing median and sidewalk. Were the sidewalk to be eliminated, there would be even FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 90 more room to accommodate a full-width trail with wider buffers and amenities. The southbound bus stops for FAX Route 38 would be converted to “floating” stops in the buffer between the trail and the travel lane, located in roughly the same locations as existing. Here the buffer between the trail and the sidewalk would be reduced to accommodate an 8-foot wide transit island between the trail and the vehicle travel lane. East Belgravia Avenue The north side of the street was selected for the trail to provide a continuous connection with the east-side alignment on Walnut and the Fairview Trail. On this street, the street trees are located on the back of the sidewalk, so could remain and would not be impacted by construction. A 12-foot trail without shoulders and a 6-foot buffer from the travel lanes would be feasible by widening the existing sidewalk and reducing lane widths to 12-foot. There is already a parking restriction on the north side of the street so no parking changes are required. Proposed Amenities All trail segments would include wayfinding signs at start and end points at intersections with Class II trails and important destinations. They would also include street trees and new plantings. The extra room afforded by the right-of-way irregularities along California creates opportunities for rest stops at Thorne, where the planned Southwest Fresno Trail terminates, and/or at Walnut. The rest areas would include a concrete pad with a bench, a trash receptacle, a dog waste station, a wayfinding kiosk, and shade tree(s). A drinking fountain could potentially be installed adjacent to the school property at the corner of California and Walnut. It is anticipated that the intersections on all segments would be served by existing street lighting. California and Belgravia have street lighting on the same side of the street as the trail, but Walnut does not. Per City of Fresno Trail Design Guidelines, lighting along the trails is recommended. The Walnut and Belgravia segments, as connector trails, do not need additional amenities beyond planting and wayfinding signs. 8'31'9' sidewalk sidewalktravel lane 11' travel lane 11' left turn laneright turn lane 10' 8'12'11'4' sidewalk sidewalktravel lane travel lane 11' two-way left turn lane 7' bicycle lane 5'12'6' class I traillandscape buffer landscape buffer 2'2' PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION CALIFORNIA AVENUE, WEST OF PLUMAS STREET PROPOSED CROSS SECTION CALIFORNIA AVE, WEST OF PLUMAS STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET OPTION A OPTION A Corridor D: California Avenue/Walnut to Hinton Park Connector Concept Design CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 91 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 8'11'31'9' sidewalk sidewalktravel lane travel lane 11' left turn lane 26' property outside right-of-way right turn lane 10' 8'5'12' sidewalk travel lane travel lane 12'8' bicycle lane 12'12'5' class I traillandscape buffer 2'2'12'16' parking travel lane travel lanemedian PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION CALIFORNIA AVENUE, WEST OF PLUMAS STREET PROPOSED CROSS SECTION CALIFORNIA AVE, WEST OF PLUMAS STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET OPTION B OPTION B CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 92 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 10'6'8' travel lanetravel lane bicycle lane parking 8' parkingsidewalk 10' sidewalk 12'16' travel lane 11'12' left turn lane 6' travel lanebicycle lane 11'3' unimproved row 10'6' travel lanebicycle lane 8' parkingsidewalk 10' sidewalk 16'12' two-way left turn lane 6'12'3' landscape buffer landscape buffer class I trail 2'2' travel lane 23' PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION CALIFORNIA AVENUE, EAST OF PLUMAS STREET PROPOSED CROSS SECTION CALIFORNIA AVENUE, EAST OF PLUMAS STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET OPTION A OPTION A CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 93 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 10'6'8' travel lanetravel lane bicycle lane parking 8' parkingsidewalk 10' sidewalk 12'16' travel lane 11'12' left turn lane 6' travel lanebicycle lane 11'3' unimproved row 10'5' travel lane travel lanebicycle lane 8' parkingsidewalk 12'12'16' travel lane 12' median 5'12' landscape buffer class I trail 2'2'12'5' bicycle lane travel lane PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION CALIFORNIA AVENUE, EAST OF PLUMAS STREET PROPOSED CROSS SECTION CALIFORNIA AVENUE, EAST OF PLUMAS STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET OPTION B OPTION B CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 94 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 8'11'8' sidewalk travel laneparking 11'6'5' parkingtravel lanelandscape buffer sidewalk 6'5' landscape buffer 11' sidewalk travel lane 11'6'5' travel lanelandscape buffer sidewalk 6' landscape buffer 10' class I traillandscape buffer 4'5' 1'1' 8'11'9' sidewalk travel laneparking 11'6'5' bus pullouttravel lanelandscape buffer sidewalk 10' 11' sidewalk travel lane 11'6'5' travel lanelandscape buffer sidewalk 6'10' class I trailbus stop 8' 1'1'1' directional indicator PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION WALNUT AVENUE (TYPICAL) EXISTING CROSS SECTION WALNUT AVENUE (BUS STOP) PROPOSED CROSS SECTION WALNUT AVENUE (TYPICAL) PROPOSED CROSS SECTION WALNUT AVENUE (BUS STOP) WEST SIDE OF STREET EAST SIDE OF STREET WEST SIDE OF STREET EAST SIDE OF STREET WEST SIDE OF STREET EAST SIDE OF STREET WEST SIDE OF STREET EAST SIDE OF STREET CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 95 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 42'6'4' sidewalk landscape buffer sidewalktravel lanebus zone 8'5' parkingtravel lanelandscape buffer 32'6'4' class I trail landscape buffer sidewalktravel lane 12'6' parkingtravel lanelandscape buffer 5' landscape buffer bus zone PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - CROSS SECTIONS EXISTING CROSS SECTION BELGRAVIA AVENUE PROPOSED CROSS SECTION BELGRAVIA AVENUE NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 96 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - SHEET D1 12' PROPOSED CLASS I TRAIL 6' PROPOSED LANDSCAPE BUFFER 5' PROPOSED LANDSCAPE BUFFER PROPOSED CURB EXTENSION AND CURB RAMPS CONNECTION TO PROPOSED CORRIDOR C: MERCED STREET BIKE BOULEVARD AND THORNE AVENUE CONNECTOR 12' PROPOSED CLASS I TRAIL 3' PROPOSED LANDSCAPE BUFFER 6' PROPOSED LANDSCAPE BUFFER PROPOSED CURB EXTENSION AND CURB RAMPS PROPOSED CURB RAMPS PROPOSED CURB RAMPS FUTURE FANNING DITCH TRAIL NEW TRAFFIC SIGNAL, CLOSED SLIP LANE, PEDESTRIAN SCRAMBLE PHASE PLANNED FOR INTERSECTION (NOT SHOWN) PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED WAYFINDING (TYP) PROPOSED REST STOP WITH TRASH RECEPTACLE, (2) BENCHES, DOG WASTE STATION, AND TREES PROPOSED WAYFINDING (TYP) OPTION A OPTION A CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 97 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - SHEET D2 12' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFER CONNECTION TO PROPOSED CORRIDOR C: MERCED STREET BIKE BOULEVARD AND THORNE AVENUE CONNECTOR 12' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFER PROPOSED CURB RAMPS PROPOSED CURB RAMPS FUTURE FANNING DITCH TRAIL NEW TRAFFIC SIGNAL, CLOSED SLIP LANE, PEDESTRIAN SCRAMBLE PHASE PLANNED FOR INTERSECTION (NOT SHOWN) PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED REST STOP WITH TRASH RECEPTACLE, (2) BENCHES, DOG WASTE STATION AND TREE PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP)OPTION B OPTION B 16' CONCRETE MEDIAN 16' CONCRETE MEDIAN CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 98 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - SHEET D4 PROPOSED CENTERLINE STRIPE 4' PROPOSED LANDSCAPE BUFFER 12' PROPOSED CLASS I TRAIL 5.5' PROPOSED LANDSCAPE BUFFER 12' CONCRETE TRAIL 5.5' PROPOSED LANDSCAPE BUFFER PROPOSED CURB RAMPS PROPOSED CURB RAMP MAINTAIN EXISTING BUS STOP PROPOSED HIGH-VISIBILITY CROSSWALK CONNECTION TO FRESNO CITY COLLEGE WEST FRESNO CAREER TECHNICAL CENTER PROPOSED WAYFINDING KIOSK PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) PROPOSED CENTERLINE STRIPE 10' PROPOSED CLASS I TRAIL CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 99 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - SHEET D3 10' PROPOSED CLASS I TRAIL 4' PROPOSED LANDSCAPE BUFFER RELOCATE BUS SHELTER TO FLOATING BUS STOP RELOCATE BUS SHELTER TO FLOATING BUS STOP 10' PROPOSED CLASS I TRAIL 4' PROPOSED LANDSCAPE BUFFER PROPOSED WAYFINDING (TYP) PROPOSED CENTERLINE STRIPE PROPOSE CENTERLINE STRIPE CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 100 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR D: CALIFORNIA AVENUE/FANNING DITCH TO HINTON PARK CONNECTOR - SHEET D5 5' PROPOSED LANDSCAPE BUFFER 12' CONCRETE TRAIL 5' PROPOSED LANDSCAPE BUFFER 12' CONCRETE TRAIL MAINTAIN EXISTING BUS STOP CONNECTION TO FAIRVIEW TRAIL PROPOSED WAYFINDING (TYP) CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 101 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 102 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR D: CALIFORNIA AVENUE - FANNING DITCH TO HINTON PARK CONNECTOR TRAIL ESTIMATE * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $215,650 $215,650 2 ROADWAY EXCAVATION CY 3750 $35 $131,250 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 480 $100 $48,000 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 380 $100 $38,000 5 SLURRY SEAL (TYPE II)ELT 75 $1,500 $112,500 6 TRAIL AGGREGATE BASE (CLASS II)TON 810 $30 $24,300 7 DECOMPOSED GRANITE SF 6000 $5 $30,000 8 IMPORT/BORROW CY 1000 $25 $25,000 9 MULTI-PURPOSE TRAIL CONCRETE CURB LF 6700 $16 $107,200 10 CITY OF FRESNO 6" CURB AND GUTTER LF 5800 $30 $174,000 11 CITY OF FRESNO 8" MEDIAN ISLAND CURB LF 90 $20 $1,800 12 CITY OF FRESNO SIDEWALK SF 3900 $5 $19,500 13 CURB RAMPS/DRIVEWAYS EA 24 $500 $12,000 14 TRUNCATED DOMES SF 250 $50 $12,500 15 BUS SHELTER RELOCATION EA 2 $2,500 $5,000 16 8 FT BENCH EA 1 $1,900 $1,900 17 TRASH RECEPTACLE EA 1 $1,560 $1,560 18 DOG WASTE STATION EA 1 $460 $460 19 WAYFINDING KIOSK EA 1 $5,000 $5,000 20 LIGHTING EA 25 $5,500 $137,500 21 LANDSCAPE/IRRIGATION SF 31600 $10 $316,000 22 TREE EA 14 $500 $7,000 23 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $71,600 $71,600 24 SIGNAGE LS 1 $8,800 $8,800 25 DRAINAGE (8%)LS 1 $120,600 $120,600 26 MINOR ITEMS (10%)LS 1 $150,700 $150,700 27 MOBILIZATION (10%)LS 1 $177,800 $177,800 SUBTOTAL=1,955,700 GRAND TOTAL SOFT COSTS (25%) * = $489,000 CONTINGENCY (30%) = $586,800 GRAND TOTAL = $3,031,500 CORRIDOR D: CALIFORNIA/WALNUT TO HINTON PARK | 103 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR D: CALIFORNIA AVENUE - FANNING DITCH TO HINTON PARK CONNECTOR TRAIL ESTIMATE OPTION B * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. This option would require of right-of-way acquisition. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $146,100 $146,100 2 ROADWAY EXCAVATION CY 3700 $35 $129,500 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 480 $100 $48,000 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 755 $100 $75,500 5 SLURRY SEAL (TYPE II)ELT 125 $1,500 $187,500 6 TRAIL AGGREGATE BASE (CLASS II)TON 810 $30 $24,300 7 DECOMPOSED GRANITE SF 6400 $5 $32,000 8 IMPORT/BORROW CY 670 $25 $16,750 9 MULTI-PURPOSE TRAIL CONCRETE CURB LF 68600 $16 $109,760 10 CITY OF FRESNO 6" CURB AND GUTTER LF 5300 $30 $159,000 11 CITY OF FRESNO 8" MEDIAN ISLAND CURB LF 2200 $20 $44,000 12 CITY OF FRESNO SIDEWALK SF 36500 $5 $182,500 13 CURB RAMPS/DRIVEWAYS EA 15 $500 $7,500 14 TRUNCATED DOMES SF 200 $50 $10,000 15 BUS SHELTER RELOCATION EA 2 $2,500 $5,000 16 8 FT BENCH EA 1 $1,900 $1,900 17 TRASH RECEPTACLE EA 1 $1,560 $1,560 18 DOG WASTE STATION EA 1 $460 $460 19 WAYFINDING KIOSK EA 1 $5,000 $5,000 20 LIGHTING EA 25 $5,500 $137,500 21 LANDSCAPE/IRRIGATION SF 25000 $10 $250,000 22 TREE EA 19 $500 $9,500 23 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $102,500 $102,500 24 SIGNAGE LS 1 $7,250 $7,250 25 DRAINAGE (8%)LS 1 $135,500 $135,500 26 MINOR ITEMS (10%)LS 1 $169,400 $169,400 27 MOBILIZATION (10%)LS 1 $199,800 $199,800 SUBTOTAL=$2,197,800 GRAND TOTAL SOFT COSTS (25%) * = $549,500 CONTINGENCY (30%) = $650,400 GRAND TOTAL = $3,406,700 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR E: CHURCH AND JENSEN | 104 Corridor E: Church and Jensen Vicinity map Church Avenue from Martin Luther King, Jr. Boulevard to Elm Avenue Jensen Avenue from Martin Luther King, Jr. Boulevard to Elm Avenue CORRIDOR E: CHURCH AND JENSEN | 105 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN DESIGN DATA SUMMARY: Church Avenue Extents From Martin Luther King Jr. Boulevard to Elm Avenue Classification Collector Description Two-lane roadway linking residential and schools Existing Cross-section West of Clara: Two travel lanes, westbound left turn lane/median, two parking lanes, two Class II bike lanes. East of Clara: Two travel lanes, parking lane and bike lane on north side only Right-of-way width 94’ Street width Curb to curb (pavement edge)38’-75’ Average Daily Traffic East of Elm: eastbound 3,186, westbound 3,087 Major cross-streets None, only side streets Design proposal Trail on south side of street, as follows: West of Clara: Reduce lane widths and create two-way parking-protected Class IV bike lane on the south side by shifting parking lanes adjacent to travel lanes, westbound Class II bike lanes adjacent to curbs to remain) East of Clara: Transition two-way Class IV bike lane to a trail (on south side of roadway), add center turn lane, reduce travel lane widths, westbound Class IV bike lane DESIGN DATA SUMMARY: Jensen Avenue Extents From Martin Luther King Jr. Boulevard to Elm Avenue Classification Arterial Description Wide, divided east-west arterial Existing Cross-section Four travel lanes, median, Class II bike lanes in each direction, parking lanes on both sides Right-of-way width 110’ Street width Curb to curb (pavement edge)85’ Average Daily Traffic East of Elm: eastbound 11,631, westbound 11,343 Major cross-streets None, only side streets Design proposal Create a trail on the north side by removing the northern bike lane and one travel lane, and shifting curb line out Corridor E: Church and Jensen Avenue Connector Trails FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR E: CHURCH AND JENSEN | 106 Context and Connections Both Church and Jensen Avenues currently provide some bicycle and pedestrian connectivity, with limited sidewalks and Class II bike lanes that connect to Class II bike lanes on Martin Luther King Jr. Boulevard and Elm Avenue. From Church and Jensen Avenues, the following destinations will be accessible: Anchor Academy Charter, Rutherford B. Gaston Middle School, State Disability Office, W.E.B. DuBois Academy, and Cecil C. Hinton Community Center and Park, as well as the planned Fresno City College West Fresno Career Technical Center. Future development will reflect the City’s plans for Class I trails along both these streets. There is new development planned at South Church and South Elm Avenues, and the site plans reflect the City’s standard 26-foot wide Class I trail cross-section. Existing Conditions The Jensen Avenue and Church Avenue roadway segments are located in south Fresno just west of the State Route 41/99 interchange. The existing utilities along these segments include water and sewer lines and joint overhead electrical and communication lines. The utility companies present in the area include City of Fresno Department of Public Utilities (DPU), Fresno Metropolitan Flood Control District (FMFCD), MCI Inc telecommunications company, PG&E, AT&T, Level 3 Communications, Comcast, Golden State Utility Company, and many others. Church Avenue (Martin Luther King Jr. Boulevard to Elm Avenue) This section of Church Avenue, from Martin Luther King Jr. Boulevard to Elm Avenue, is a minor arterial south of downtown Fresno. This segment is surrounded by various land use types, including residential, public and institutional, open space and mixed-use. Rutherford B. Gaston Middle School is located on the southeast corner of the signalized intersection of Martin Luther Jr. Boulevard and Church Avenue. New apartment complexes are being constructed on the south side of Church Avenue. Church Avenue has a right-of-way width of 94-feet and a varying roadway width of 38 to 75 feet due to the various undeveloped blocks along the corridor. Lane widths along this two-lane undivided roadway vary, with the eastbound lane (20-30 feet) generally being wider than the westbound lane (10-28 feet). Class II bike lanes and sidewalks exist along both sides of Church Avenue but are not continuous. Sidewalks along the road are 4 feet wide except for the stretch in front of Gaston Middle School, where they are 10 feet wide. The bike lanes along the roadway are 5 feet in width. Near the school, a median is introduced to channelize and control westbound left turning movements at the intersection with Martin Luther King, Jr. Boulevard. The intersection of Church Avenue and Elm Avenue is also signalized. Church Avenue west of Clara Avenue Church Avenue west of Geneva Avenue FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR E: CHURCH AND JENSEN | 107 Jensen Avenue (Martin Luther King Jr. Boulevard to Elm Avenue) Jensen Avenue from Martin Luther King, Jr. Boulevard to Elm Avenue is a four-lane divided arterial (and truck route) located half a mile south of Church Avenue. This section is surrounded by mostly residential housing, but other land uses include office space and commercial areas. Jensen Avenue has a right-of-way width of 110 feet and a roadway width of 85 feet. The cross-section of Jensen Avenue within this area includes 18-foot raised medians, 5-foot wide Class II bike lanes, four travel lanes, and on-street parking along both sides of the street. Left turn pockets are provided at intersections with connecting side streets to provide access to the adjacent neighborhoods and offices. The intersections of Jensen Avenue with Martin Luther King Jr. Boulevard and Elm Avenue are both signalized with curb ramps and crosswalks provided on all four approaches. Sidewalks also exist along both sides of the road, but are not continuous or consistent in width throughout the corridor. For a majority of the street the sidewalk is separated from the road by a 5-foot landscape strip. Basis of Design, Feasibility, and Recommendations Church Avenue The ATP recommends a trail alignment on the south side of Church Avenue. Because the west section of Church Avenue, in front of Gaston Middle School (between Martin Luther King Jr Boulevard and Clara Avenue), has recently been rebuilt, it makes sense to maintain the existing infrastructure investment and create a better biking environment by creating a two-way Class IV facility in front of the high school, instead of a Class I trail. The mandate to retain the existing hard median also makes any shifts in channelization difficult. Finally, since this is a lower volume street, on-street Class IV bike lanes could provide a comfortable and safe option for bicyclists. The proposed cross-section includes a two-way Class IV bike lane, 12 feet wide with a 3-foot paint and post (or concrete curb) buffer between the adjacent parking lane and the bikeway. This would preserve the existing 12-foot sidewalk. The Class IV bikeway requires narrowing travel lanes to 11-feet wide. The existing westbound Class II bike lane would be retained, but the eastbound Class II bike lane would be replaced by the Class IV bike lane in this segment. Between Clara and Elm Avenues, discontinuous development provides the opportunity to create a Class I trail. East of Clara, the proposed cross-section includes a 12-foot wide Class I trail with 1-foot shoulders to be delineated with an edge line rather than soft-surface, and Jensen Avenue west of South Bardell Avenue Jensen Avenue west of South Elm Street CORRIDOR E: CHURCH AND JENSEN | 108 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN a 5-foot buffer between the travel lane and the trail. It retains the existing planting strip and sidewalk, with room to create a buffer for a Class IV bike lane westbound, but not retain the eastbound bike lane. This would be accomplished through the narrowing of lane widths to 11 feet. Jensen Avenue The ATP recommends a trail alignment on the north side of Jensen Avenue. The existing median, which is continuous along the entire block, makes it challenging to re-channelize the roadway. The proposed trail alignment on the north side includes retaining the existing sidewalk and planting strip but moving the existing curb line out to accommodate the trail. This would result in a 10-foot wide Class I trail with 1-foot shoulders (to be delineated with an edge line painted rather than soft-surface), and a 5-foot buffer between the travel lane and trail. Westbound bus stops for FAX Route 38 would be converted to “floating” stops in the buffer between the trail and the vehicle travel lane, located in roughly the same locations as existing. Here the landscape buffer between the sidewalk and the trail would be eliminated to allocate space for an 8-foot wide floating bus island. New development provides an opportunity to include the City’s 26 feet wide trail cross-section as part of frontage improvements. The development proposed along the northwest corner of Jensen and Elm is conditioned with building a trail along its frontage. Proposed Amenities These two segments are short connectors between longer trails and are located along collector/arterials, and rest areas would thus not provide ideal trail experience or see much use. The floating bus stop on Jensen, however, provides an opportunity to “piggyback” on the transit stop amenities, as the City’s trail guidelines suggest. Seating, shade, lighting, and information can be provided in the bus shelters within the floating transit stops. Intersections on both corridors, for the most part, would be served by existing street lighting. The undeveloped portions of Jensen are lacking in lighting today. Per the City of Fresno Trail Design Guidelines, the trail should incorporate lighting. Both corridors would include wayfinding signs and plantings. 10'10'20'8'11' sidewalklandscape buffer sidewalktravel lane bicycle lane 13' two-way left turn lane 6' parking 7'11' travel lanebicycle lane 10'10'7'11'11'8'11' sidewalklandscape buffer sidewalktravel lane travel lane bicycle lane bicycle lane 13' two-way left turn lane 6' parking bicycle lane 6'3' buffer PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - CROSS SECTIONS EXISTING CROSS SECTION E CHURCH AVENUE, WEST OF S CLARA AVENUE PROPOSED CROSS SECTION E CHURCH AVENUE, WEST OF S CLARA AVENUE NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET Church and Jensen Connectors Concept Design CORRIDOR E: CHURCH AND JENSEN | 109 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 4'18' sidewalklandscape buffer travel lane 8'6' bicycle lane 4'18' travel lane 36' undeveloped right-of-wayparking 4' sidewalklandscape buffer travel lane 6'4' travel lane 3'8'11'11'11'8'5'12'5'4' two-way left turn lane class I traillandscape buffer landscape buffer sidewalkparkingparkingbicycle lane buffer 1'1' PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - CROSS SECTIONS EXISTING CROSS SECTION E CHURCH AVENUE, EAST OF S CLARA AVENUE PROPOSED CROSS SECTION E CHURCH AVENUE, EAST OF S CLARA AVENUE NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET CORRIDOR E: CHURCH AND JENSEN | 110 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 7.5' sidewalk median with turn pockets 6'11' travel lanebicycle lane 4'6'11'19'6'6'7.5'4'6' travel lane 11'11' parking travel lane travel lane bicycle lane sidewalklandscape buffer parking landscape buffer sidewalk 7.5' parking 4'6'11'19'6'6'7.5'4'6' travel lane 11'11'5'10' class I trail travel lane travel lane bicycle lane sidewalklandscape buffer landscape buffer parking landscape buffer1'1'median with turn pockets PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - CROSS SECTIONS EXISTING CROSS SECTION E JENSEN AVENUE (TYPICAL) PROPOSED CROSS SECTION E JENSEN AVENUE (TYPICAL) NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET CORRIDOR E: CHURCH AND JENSEN | 111 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN 7.5' bus stop parking 5'11' travel lanebicycle lane 10'12'19'6'6'7.5'4'6' travel lane 11'11' bicycle lane sidewalktravel lane travel lanebus stop landscape buffer median with turn pockets sidewalk 7.5'6'11'19'6'6'7.5'4'6' travel lane 11'11'8'10' class I trail bicycle lane bus stop travel lane travel lane parking sidewalklandscape buffer bus stop1'1'median with turn pockets1' directional indicator PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - CROSS SECTIONS EXISTING CROSS SECTION E JENSEN AVENUE (BUS STOP) PROPOSED CROSS SECTION E JENSEN AVENUE (BUS STOP) NORTH SIDE OF STREET SOUTH SIDE OF STREET NORTH SIDE OF STREET SOUTH SIDE OF STREET CORRIDOR E: CHURCH AND JENSEN | 112 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - SHEET E1 PROPOSED TWO-WAY PARKING-PROTECTED CLASS IV 6' BICYCLE LANES PROPOSED TWO-WAY PARKING-PROTECTED CLASS IV 6' BICYCLE LANES TRANSITION TWO-WAY CLASS IV BICYCLE LANES TO CLASS I TRAIL CONNECTION TO PROPOSED E CHURCH AVE TRAIL PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED BICYCLE LANE EXTENSION MARKINGS (TYP) PROPOSED BICYCLE LANE EXTENSION MARKINGS (TYP) PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) CORRIDOR E: CHURCH AND JENSEN | 113 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - SHEET E2 12' PROPOSED CLASS I TRAIL 12' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFERS PROPOSED PARKING- PROTECTED CLASS IV BICYCLE LANE PROPOSED PARKING- PROTECTED CLASS IV BICYCLE LANE EXISTING CLASS II BICYCLE LANE 5' PROPOSED LANDSCAPE BUFFERS PROPOSED BICYCLE LANE EXTENSION MARKINGS PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED BICYCLE LANE EXTENSION MARKINGS PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) CORRIDOR E: CHURCH AND JENSEN | 114 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - SHEET E3 CONNECTION TO PROPOSED E JENSEN AVE TRAIL 10' PROPOSED CLASS I TRAIL PROPOSED CURB RAMPS 5' PROPOSED LANDSCAPE BUFFER INSTALL SHELTER, RELOCATE BUS STOP BENCH TO FLOATING BUS STOP PROPOSED CURB RAMPS 10' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFER 4' PROPOSED LANDSCAPE BUFFER PROPOSED CURB RAMPS PROPOSED HIGH-VISIBILITY CROSSWALK PROPOSED HIGH-VISIBILITY CROSSWALK (TYP) PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) CORRIDOR E: CHURCH AND JENSEN | 115 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN PRELIMINARY CONCEPT - NOT FOR CONSTRUCTION THIS IS A PRELIMINARY CONCEPT. FIELD VERIFICATION, SITE CONDITION ASSESSMENTS, ENGINEERING ANALYSIS AND DESIGN ARE NECESSARY PRIOR TO IMPLEMENTING ANY OF THE RECOMMENDATIONS CONTAINED HEREIN.FRESNO TRAIL NETWORK EXPANSION CORRIDOR E: EAST CHURCH AVENUE AND EAST JENSEN AVENUE CONNECTOR TRAILS - SHEET E4 10' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFER MAINTAIN LOCATION OF EXISTING BUS STOP 4' PROPOSED LANDSCAPE BUFFER 10' PROPOSED CLASS I TRAIL 5' PROPOSED LANDSCAPE BUFFER 4' PROPOSED LANDSCAPE BUFFER PROPOSED CURB RAMPS PROPOSED WAYFINDING (TYP) PROPOSED WAYFINDING (TYP) CORRIDOR E: CHURCH AND JENSEN | 116 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR E: CHURCH AND JENSEN | 117 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN CORRIDOR E: CHURCH AVENUE & JENSEN AVENUE TRAIL ESTIMATE * Soft Costs include architectural, engineering, environmental, financing and legal fees, and other pre- and post- construction expenses. For the purpose of this study, the soft cost was assumed to be 25% of the Construction Costs. ITEM No.ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL CONSTRUCTION COSTS 1 CLEARING & GRUBBING LS 1 $85,000 $85,000 2 ROADWAY EXCAVATION CY 1720 $35 $60,200 3 TRAIL HOT MIX ASPHALT (TYPE A)TON 400 $100 $40,000 4 ROADWAY HOT MIX ASPHALT (TYPE A)TON 245 $100 $24,500 5 SLURRY SEAL (TYPE II)ELT 135 $1,500 $202,500 6 TRAIL AGGREGATE BASE (CLASS II)TON 680 $30 $20,400 7 DECOMPOSED GRANITE SF 7900 $5 $39,500 8 MULTI-PURPOSE TRAIL CONCRETE CURB LF 6400 $16 $102,400 9 CITY OF FRESNO 6" CURB AND GUTTER LF 4000 $30 $120,000 10 CITY OF FRESNO SIDEWALK SF 23400 $8 $187,200 11 CURB RAMPS/DRIVEWAYS EA 28 $500 $14,000 12 INSTALL BOLLARDS EA 3 $200 $600 13 TRUNCATED DOMES SF 110 $50 $5,500 14 BIKE LANE DELINEATOR POSTS EA 150 $35 $5,250 15 LIGHTING EA 22 $5,500 $121,000 16 LANDSCAPE/IRRIGATION SF 20200 $10 $202,000 17 TRAFFIC STRIPES AND PAVEMENT MARKINGS LS 1 $75,500 $75,000 18 SIGNAGE LS 1 $10,000 $10,000 19 METHYL METHCRYLATE (GREEN MMA)SF 5100 20 $102,000 20 DRAINAGE (8%)LS 1 $114,000 $113,400 21 MINOR ITEMS (10%)LS 1 141,800 $141,800 22 MOBILIZATION (10%)LS 1 $167,300 $167,300 SUBTOTAL=$1,839,600 GRAND TOTAL SOFT COSTS (25%) * = $459,900 CONTINGENCY (30%) = $551,900 GRAND TOTAL = $2,851,400 118 THIS PAGE INTENTIONALLY LEFT BLANK FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN FRESNO TNEFP | FUNDING AND IMPLEMENTATION APPROACH SECTION 5 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN INTRODUCTION | 120 Introduction 1 FHWA Incorporating On-Road Bicycle Networks into Resurfacing Projects, 2016. https://kla-resourcecenter-fi les.s3.amazonaws.com/resurfacing_work- book.pdf This section offers options for funding and grant application strategies to implement the fi ve priority trail projects recommended in this plan. A specifi c timeline and sequence of implementation activities will be determined by funding opportunities in coordination with agency staff and stakeholders. The City should continue to use its robust and effective program for identifying and applying for grants to expand the trail network. This section is divided into two portions: a summary of current and potential funding sources, which is augmented by a table of funding in Appendix G; and considerations and potential approaches to trail expansion. Funding Summary Cities can fund trail projects and programs in a variety of ways, and funding may come from different levels of government, the private sector, and non-profi ts. The City of Fresno has received trail planning and design and construction funding from numerous sources, including: • Active Transportation Program, Caltrans • Sustainable Communities Planning Grant, Caltrans • Congestion Mitigation and Air Quality Improvement Program, U.S. Department of Transportation • Measure C Transit Oriented Development Program, Fresno County Transportation Authority • Measure C Extension for: • Street Maintenance and Rehabilitation • Flexible Program • ADA Compliance • Pedestrian Trails • Bicycle Facilities The City also receives the following state gas taxes revenues for transportation purposes: • Special gas tax, exclusively for traffi c signals and street lights • Proposition 111, Street Maintenance for street TSSL operations and capital grant match • BX8 6 Gas Tax, Street Maintenance operations and the Neighborhood Street Program • SB 1 Gas Tax, received on a per capita basis, used primarily for Street Maintenance operations and capital projects. To implement the proposed trail network expansion included in this plan, the City of Fresno should continue to seek grant funds, require new development projects to implement portions of the trail network and support facilities, and provide on-street connections to the trails. City dollars can be used to match regional, state, and federal funding. Repaving opportunities also present an opportunity to implement and update bikeways, intersection improvements, and end-of-trip facilities in a cost-effective manner.1 Refer to Appendix G: Table of Potential Funding Sources for a summary of local, county, regional, state, and federal funding sources applicable to bicycle network projects and programs in Fresno. IMPLEMENTATION | 121 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Table 6: Table 1. ATP Prioritization score for the fi ve trail corridors Implementation 2 Adopted by Council on March 2, 2017. Overview The City may consider several factors to implement the trail network expansion described in this report. While Section 2, Prioritization of this Plan details the ATP prioritization tool and other considerations used to select the fi ve trail projects for network expansion, this portion of Section 5 of the Plan discusses opportunities and challenges to implementing the trail projects. It recommends an approach that uses a fl exible time-frame, allowing the City to match projects to funding sources based on the funding source’s application cycle and competitive criteria. ATP Prioritization Tool Scores Potential trail network expansion project segments were scored using the City of Fresno Active Transportation Prioritization Tool.2 In all 313 segments in this plan were scored. Scores range of a low of 7 to a high of 71. The median score was 35. As shown in the table below, all fi ve priority trail projects selected for implementation scored* well above the average. Several proposed corridors (C, D, and E) are comprised of between two and three segments in length to create connections to other planned trails and projects See Appendix F for the complete scoring for variables in each of the three factors. Funding capacity, project competitiveness, and implementation challenges The City has been successful in competing for grants to develop active transportation networks. This success comes from a solid knowledge of how grant programs work and being strategic in the application process. The City has successfully funded projects from multiple sources and should continue to expand where it looks for funding opportunities. For example, $11.4 million in funding for Midtown Trail’s fi ve segments, is from Measure C Trails, Federal CMAQ and State ATP grants. Corridor A. Herndon Canal Corridor B. Kearney Blvd Corridor C. Thorne Ave and Merced St Corridor D. California Ave/Walnut to Hinton Park Corridor E. Church and Jensen Combined TOTAL SCORE 71 70 67 56 63 A word about equity and project selection Trails B, C, D, and E selected for this plan further the City’s goal of addressing the mobility needs of southwestern neighborhoods. ATP Prioritization scoring for the Access and Equity variables refl ect this need. Rails to Trails Urban Pathways Initiative (UPI) offers examples of how focusing on developing trails and other pathways in urban neighborhoods can positively affect health, congestion, and the lack of open space. For more information, see the UPI page of the Rail to Trails website at https://www.railstotrails.org/our-work/ building-communities/urban-pathways-initiative/ *Where corridors are composed of multiple segments, each segment was scored and the averaged with other segments according to the length. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN IMPLEMENTATION | 122 Funding cycles The City should continue tracking competitive grant program cycles, which can vary in frequency. Some grant programs issue a call for applications every two years, such as the Surface Transportation Block Grant (administered through the Fresno Council of Governments) and CalTrans Active Transportation Program (ATP). Others have an annual funding cycle. The City may consider a multi-year plan for grant applications that target specifi c trails or trail elements for grant programs for which they will be competitive. Table 7 shows likely grant program funding cycles from 2019 through 2023 with application due dates. Decisions on which grant programs are suitable for each application can be determined by nuances in the City’s Active Transportation Prioritization Tool. This tool includes a series of factors and variables that can be matched to grant program evaluation criteria. For example, projects with a high Equity score (A-2, maximum of 18), based on the CalEnviroScreen tool, which is used to score ATP grant applications3. This means that a high score in section A-2, may indicate the project will be competitive for the Active Transportation Program. Likewise, projects with a high score for Bicycle or Pedestrian Collisions (T-1, maximum of 20) is based on CalTrans Local Roadway Safety Manual Countermeasures, which is used to score Offi ce of Traffi c Safety and Highway Safety Improvement Program grant applications. If a project scores high in this priority area, it should be evaluated for both funding types. Funding and budgetary capacity. The City considers the availability of its own funds for project development and operation when selecting for which projects to pursue grant funding. The availability of local funds can affect the City’s timeline for building out its trail network. For example, reduced funds to match funding requests can reduce limit the number and size of grant applications. 3 CalEnviroScreen 3.0, California Of fi ce of Environmental Health Hazard Assessment. https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30 4 California Property Tax Information: What is Mello-Roos? https://www.californiataxdata.com/pdf/Mello-Roos2.pdf 5 Understanding Proposition 218. California Legislative Analyst’s Offi ce. https://lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html 6 Advocacy Advance: How Communities are Paying to Maintain Trails, Bike Lanes, and Sidewalks. Alliance for Biking & Walking and The League of Ameri- can Bicyclists. https://bikeleague.org/sites/default/fi les/AA_MaintenanceReport.pdf Likewise, funding for on-going trail maintenance may factor into the rate at which the fi ve priority trails are developed. The current gap between actual and budgeted maintenance funds may slow the trail network expansion. Strategies to provide enough maintenance funding include: • Establishing Community Facilities Districts (CFDs) during development and redevelopment;4 • Leasing or co-locating facilities in the right-of-way (such as utilities) to generate revenue; and • Loosening restrictions on maintenance funds imposed by Proposition 218 through established procedures.5 A report prepared by the League of American Bicyclists and the Alliance for Biking & Walking offers examples of approaches used by other jurisdictions to pay for trail, bicycle facility and sidewalk maintenance.6 Examples include mobilizing political will, garnering agency cooperation, and developing dedicated local funding sources through regional parks agencies. Other challenges. The pace of trail expansion can also be affected by utility constraints and the time needed to negotiate right-of-way agreements. Because grant programs expect awarded projects to be completed within a specifi ed time-frame , these challenges can increase the overall cost of construction or cause unexpected delays in project completion. However, taking the time to negotiate utility relocation can create space for a shared use path, which offers many mobility, health, and safety benefi ts. For this reason, potential trail projects need to be carefully matched to appropriate funding sources to achieve construction within the required time-frame. RECOMMENDED IMPLEMENTATION APPROACH | 123 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Recommended Implementation Approach Implementing the fi ve trail projects presented in this Plan will take several years, since they will all need grant funding from a variety of sources. The City should plan on a fi ve to seven-year time-frame to apply for grants. This time-frame will allow the City to position itself for grant programs with annual and biannual funding cycles. Funding request approaches While applying for grants for individual trail projects, the City can also package more than one trail expansion as a single project and compete for funds that leverage the collective value of the projects. The City should continue to be strategic in the timing, project packaging, and amounts requested. It has been successful with grant programs such as ATP, Measure C, and CMAQ. Project packages that may be competitive include: • Trails D and E, total of $5.3 -$5.7 million: These two projects benefi t the Southwest Fresno neighborhood in providing connections to downtown Fresno. The trails also connect the neighborhood to the Fresno City College West Fresno Career Technical Center campus. Potential grant program: • ATP • STBG • Affordable Housing and Sustainable Communities program (state program). • Trails B, C, and E, total of $7.7 million: These three trails are interconnected, creating a dense bicycle and pedestrian network for the communities they benefi t. Each trail scores the maximum points for Equity (A- 2); Connectivity to schools, public transit, and parks (C-2, C-3, and C-4) and for Place Type (C-8); and they scored either the maximum or second highest for Bicycle or Pedestrian Collisions (T-1). While the Trail B was not identifi ed as a community priority according to the variables used in the priority tool (A-3), Trails C and E received high scores. Potential grant programs: • Transformative Climate Communities • CMAQ • ATP Matching individual trail projects with grant programs based on selection criteria and available funding may include: • Trail A, total of $2.3 to $3.8 million: This canal trail project is more costly due to the need to ensure the canal bank side is stable. On-going maintenance costs will also be higher. Potential grant program: S TBG (federal, but administered by the Fresno COG), biannual grant cycle, with next round anticipated in 2021. This would allow time to resolve access issues with the property owner, Fresno Irrigation District, and to develop a plan for on-going maintenance costs. • Trail C, total of $1.1 million: In responding to requests from the Southwest Fresno community for bicycle and pedestrian connectivity, this trail intersects with the recommended Kearney Boulevard Trail (Corridor B) and will connect with the Southwest Fresno trail funded by the Transformative Climate Communities program and currently in design; it also connects the community with downtown Fresno. The nearly $1 million project cost estimate may be the right fi t for funding programs aimed at equity, for which is scored high, as well as connectivity (Active Transportation Tool – maximum for schools, parks, public transportation), and crashes. Potential grant programs: Affordable Housing and Sustainable Communities program (state program). As discussed above under the section Funding Capacity, project competitiveness, and implementation challenges, the City should explore options for securing trail maintenance funding that meets current needs and those from the trail network expansion. FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN IMPLEMENTATION | 124 Note: Time reference for application due dates 2019 2020 2021 2022 2023 2024 Surface Transportation Block Grant Congestion Mitigation and Air Quality Active Transportation Program By mid- year Proposition 68 Offi ce of Traffi c Safety Highway Safety Improvement Program Affordable Housing and Sustainable Communities Program February Sustainable Transportation Improvement Program October Recreational Trails Program February Statewide Transportation Improvement Program December December December Transformative Climate Communities Program February Measure C February Regional Sustainable Infrastructure Planning Grant August KEY 1 year 2 years Table 7: Grant Program Funding Cycles TRAIL PROJECT DETAILS | 125 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN Trail Project Details Details for the fi ve trail projects selected for the network expansion are provided below. See Section 2 of this Plan for a full description of the ATP Prioritization Tool and process for selecting the fi ve trail projects. Figure 31 shows the location of each of the trail projects. Corridor A: Herndon Canal Trail Corridor B: Kearney Blvd Trail Corridor C: Thorne Avenue Trail and Merced Street Bike Boulevard Corridor D: California/Fanning Ditch to Walnut/ Hinton Park Connector Corridor E: Church and Jensen Avenue Trails A D B C E Figure 31: Map of fi ve trail network expansion projects FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN TRAIL PROJECT DETAILS | 126 From Hughes Avenue to North Fruit Avenue, crossing Ashlan Avenue Facility type Class I trail Estimated cost Option A $4,263,500 to $4,410,600 (depending on FID requirements and crossing design) Option B $2,703,00 to 2,850,200 (depending on FID requirements and crossing design) Approximate length 1.1 miles Neighborhood/Area: Ashlan/West Neighborhood Adjacent Projects Midtown Trail, segment 1 (funded) Benefi ts • Increased bicycle and pedestrian connectivity to neighborhood schools and shopping areas, increased recreational space with separated from travel lanes Implementation Challenges • Gain agreement with the Fresno Irrigation District regarding the trail location and access to their maintenance facility • Additional data collection and study of trail crossings of West and Ashlan Avenues Trail A: Herndon Canal Connector TRAIL PROJECT DETAILS | 127 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN From West Avenue to Fresno Street Facility type Class I trail Estimated cost $4,385,000 Approximate length 1.33 miles Neighborhood/Area: Southwest Fresno Adjacent Projects None Benefi ts • Connections between downtown and Southwest Fresno, including schools and bike lanes Implementation Challenges • Approval to work within the airport’s Runway protection zone (RPZ) • Fidelity to historic boulevard designation Trail B: Kearney Boulevard FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN TRAIL PROJECT DETAILS | 128 Thorne Avenue from California Avenue to Merced Street; Merced Street from Thorne Avenue to B Street Facility type Class I trail and Class III Bikeway Estimated cost $1,226,400 Approximate length 0.92 miles Neighborhood/Area: Southwest Fresno Adjacent Projects None Benefi ts • Provides connections with the Kearney Boulevard trail, Southwest Fresno trail, and downtown Fresno. Implementation Challenges • Includes 16 intersection crossings and a trail roundabout • Need to work with business owners along Thorne Avenue Trail C: Thorne Avenue and Merced Street TRAIL PROJECT DETAILS | 129 FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN California Avenue from Thorne Avenue to Walnut Avenue, Walnut Avenue between California Avenue to Church Avenue; includes short segment on Belgravia. Facility type Class I trail Estimated cost Option A $3,031,500 Option B $3,406,700 (+ right-of-way acquisition) Approximate length 0.96 miles Neighborhood/Area: Southwest Fresno Adjacent Projects Southwest Fresno Trail along Fanning Ditch Alignment Benefi ts • Connects to Southwest Fresno trail along Church Road (Fanning Ditch alignment) and trail at Fresno City College West Fresno Career Technical Center campus on Church Avenue between Walnut Avenue and Martin Luther King Jr. Boulevard Activity Center • Connections to high school and middle school Implementation Challenges • FAX bus stop revision on Walnut that shifts existing stop to fl oating stop • Need to work with business owners on frontage improvements on California Avenue • Option B would require right-of-way acquisition Trail D: California/Walnut Avenue to Hinton Park FRESNO TRAIL NETWORK EXPANSION FEASIBILITY PLAN TRAIL PROJECT DETAILS | 130 Two separate segments, each one-block long between Martin Luther King Jr Boulevard and East Elm Avenue Facility type Class I trail, short segment of Class IV bikeway Estimated cost $2,816,400 Approximate length 1.0 miles Neighborhood/Area: Southwest Fresno Adjacent Projects Fresno City College West Fresno Career Center; multi- family development at South Church and South Elm Avenues Benefi ts • Connects to and extends proposed trail on Fresno City College West Fresno Career Technical Center campus, providing connections to the Martin Luther King Jr. Boulevard Activity Center trails and park Implementation Challenges • FAX bus stop revision that shifts existing stop to fl oating stop Trail E: Church and Jensen Avenues FRESNO TNEFP | APPENDICES Fresno Trail Network Expansion Feasibility Plan Contents A. Plan Review .......................................................................................................................................3 B. Public Engagement Summary and Comments .............................................................................................................................................................23 C. Trail Advisory Committee Meeting 1 Summary .............................................................................................................................................................63 D. Trail Advisory Committee Meeting 2 Summary .............................................................................................................................................................71 E. Existing Conditions Maps ...............................................................................................................80 F. Prioritization Analysis Outputs .................................................................................................... 100 G. Potential Funding Sources ............................................................................................................126 Fresno Trail Network Expansion Feasibility Plan APPENDIX A Plan Review 3 MEMORANDUM April 9, 2019 To: Jesus Hernandez Organization: City of Fresno From: Kristen Lohse, Patrick Gilster, Brent Oltz, and Jacob Nigro, Toole Design Project: Fresno Trails Network Expansion Re: Task 1.6 Review of Existing Plans and Outcomes of Outreach Efforts Summary Toole Design has reviewed plans and links to documents provided the City to become familiar with community planning priorities, to gather context for feasibility analysis, and to collect data needed for implementation of the Prioritization Tool. This memo details the findings of that review, including (1) a plan review summary, (2) a description of area demographics, (3) A description of data mapping undertaken for this review, and (4) a summary of design guidance documents reviewed. Plan Review Summary This review included the fourteen plans, which are listed chronologically and summarized below. Eight were led by the City of Fresno, four by the Fresno Council of Governments, and one by Caltrans; one further plan was a joint effort of the City and County of Fresno and the Fresno Council of Governments. The most recent of these plans was published in draft form in January 2019. Almost all these plans incorporated extensive public engagement processes, and in many cases the public helped design proposed mobility networks themselves, demonstrating highly engaged community and stakeholder members for an array of mobility initiatives. Together the plans establish a strong foundation for the implementation of safer and more sustainable public places in the city of Fresno, with a robust network of Class I trails and other active transportation infrastructure connecting people to enhanced transit services and the region at large. Table 1. Snapshot of Existing Plans Year Jurisdiction(s) Bus Rapid Transit (BRT) Master Plan 2008 Fresno COG Caltrans Mobility Plan 2010 Caltrans Old Fig Garden Community Transportation Study 2013 Fresno COG + Fresno County + City of Fresno City of Fresno General Plan 2014 City of Fresno 4 Year Jurisdiction(s) Ventura – Kings Canyon Corridor Complete Streets Plan 2015 Fresno COG City of Fresno Active Transportation Plan 2016 City of Fresno City of Fresno ADA Transition Plan for the Public Right of Way 2016 City of Fresno 41 & North Corridor Complete Streets Plan 2016 City of Fresno Fresno Parks Master Plan 2017 City of Fresno Southwest Fresno Specific Plan 2017 City of Fresno Fresno-Clovis Metropolitan Area Class IV Bikeway Feasibility Study 2017 Fresno COG City of Fresno Trail Design Guidelines 2017 City of Fresno Fresno County Regional Active Transportation Plan 2018 Fresno COG Southern Blackstone Avenue Smart Mobility Strategy (draft) 2019 City of Fresno Plan Summaries Each plan is described below and details relevant information pertaining to the prioritization or implementation of proposed Class I trail facilities. BRT Master Plan (2008) Comprehensive plan for various transit services in the Fresno-Clovis Metropolitan Area, including BRT. Noted that public sentiment favors conversion of the BNSF corridor to a bike trail rather than for transit use. Caltrans Mobility Plan Strategic plan for sustainable mobility in California. Guided by six principles (Location Efficiency, Reliable Mobility, Health and Safety, Environmental Stewardship, Social Equity, Robust Economy) Established seven place types (Urban Centers, Close-In Compact Communities, Compact Communities, Suburban Areas, Rural and Agricultural Lands, Protected Lands, and Special Use Areas). Old Fig Garden Community Transportation Study (2013) Community transportation and land use study that addressed increasing traffic and intensified development on arterial streets in the study area. Proposed Class I trail along Herndon Canal and several designated bike lanes and bike priority streets in the area bound by Shields, Blackstone, West, and Shaw Avenues. Outreach guided by a steering committee and included stakeholder interviews, a survey, and public workshops. Key concerns included a lack of bicycling amenities on roads in the area. Participants noted that the bicycle network is discontinuous through the study area and that people bike alongside the Herndon Canal and the BNSF rail line. 5 City of Fresno General Plan (2014) Comprehensive General Plan update for City of Fresno. Proposed 196-mile increase in planned Class I trail facilities (see figure MT-2, PDF p 164) and 20 -mile increase in Class IV bikeways. Public engagement included advisory committee oversight, conducted stakeholder interviews and outreach, community workshops, and various public meetings, and provided additional outreach through newsletters and surveys. Participants provided input into four alternative scenarios, and the City Council endorsed an alternative focusing on rebuilding primary corridors as a series of neighborhood and regional mixed-use centers. Ventura – Kings Canyon Corridor Complete Streets Plan (2015) Recommended transportation improvements to revitalize a three-mile stretch of the east-west Ventura Avenue and Kings Canyon Road corridor in southeast Fresno. Recommended general improvements or upgrades to bike facilities in this corridor (such as "restripe and/or improve bike lanes"), including some buffered Class II lanes but no Class I or Class IV facilities. One-year public engagement process that included stakeholder interviews, community events, advisory committee meetings, and ongoing merchant and resident outreach. 41 & North Corridor Complete Streets Plan (2016) Recommended strategies to solve mobility, access, and safety challenges for all transportation modes on the North Avenue corridor and adjacent areas (bound roughly by North Avenue, MLK Jr. Blvd., Annadale Avenue, and S Elm Avenue) in Southwest Fresno. The near-term proposed bicycle network incorporates buffered Class II bicycle lanes on major (perimeter) streets. Six-month process that included advisory committee meetings, a Design Lab, public workshops, a tactical art installation, and other public meetings. The public provided real-time input as complete streets recommendations were formulated by the design team and provided feedback on recommended design alternatives. Community input favored incorporating on-street buffered bicycle facilities by eliminating parking on perimeter streets where necessary. City of Fresno ADA Transition Plan for the Public Right of Way (2016) Described the City of Fresno's existing policies and programs to enhance accessibility for people with disabilities in the public right of way, in accordance with the Americans with Disabilities Act. City of Fresno Active Transportation Plan (2016) Established a priority bikeway network (as a subset of a full build-out network) that creates connections north/south and east/west across the city on a complete system of trails, bike lanes, and bike routes. The network is placed wherever possible on routes with low levels of traffic stress and adds 28 miles of Class I trails and 12 miles of Class IV bikeways. Figure 7, in Appendix A, maps this existing and proposed Class I trail network. Also recommended traffic calming and road diet measures, buffering of bike lanes, and improved traffic control and crossing treatments. A high priority network is detailed in Figure 50 (from PDF p117). Conducted stakeholder meetings, interactive public workshops, an online interactive map, e-mail and Facebook outreach, and stakeholder-led community meetings. This engagement produced the plan goals, feedback on proposed networks, and feedback on the draft plan. 6 Much of the public input focused on southeast Fresno, with many requests for neighborhood-level treatments there and throughout the city. Fresno-Clovis Metropolitan Area Class IV Bikeway Feasibility Study (2017) Identified and evaluated corridors in the Fresno-Clovis Metropolitan Area that are suitable for separated (Class IV) bikeways. Noted 7 north-south and 12 east-west corridors with highest potential to meet goals of study (see PDF p41) and prioritized six as highest priority for further study (see PDF p51 and 59). Noted more survey respondents favored one-way separation over two-way travel, though many stated no preference. Corridor prioritization was inconclusive. Southwest Fresno Specific Plan (2017) Implemented goals and policies from General Plan by building on concepts for the Southwest Development Area, which has many mobility and socioeconomic challenges. Proposed several bikeways and trails (see map PDF p77), aligned with those identified in the General Plan. Recommends implementing proposed Class I trails from the ATP and General Plan. Held Community Workshops, Topic Group meetings (including Transportation), and other outreach work. Specific outcomes are not noted from the community engagement process. Fresno Parks Master Plan (2017) Community-based vision and road map for planning a complete and functional park system in the City of Fresno. Highlights the San Joaquin River Greenway and the Midtown Trail bike trails Has map of existing and proposed Class I trails sourced from the Development and Resource Management Department (PDF p94 and p97). Contains design guidelines specifying safe routes to parks and multimodal connections. (PDF p158). Workshops emphasized that land along canals be used for trails and that Southwest Fresno needs trails. Fresno County Regional Active Transportation Plan (2018) Region-wide ATP, including bike infrastructure. Proposes adding 248 miles of Class I trails and 11 miles of Class IV separated bikeways throughout Fresno County including within many of the smaller jurisdictions without their own active transportation plan. Does not plan for City of Fresno, but references City of Fresno Active Transportation Plan (2016) in Chapter 18. Southern Blackstone Avenue Smart Mobility Strategy (2019) Multi-modal and streetscape improvements for 2.5-mile section of Blackstone Avenue / Abby Street corridor, which is "a microcosm of high poverty rates within the City of Fresno." Community-driven vision and framework for redesigning the street into a mixed-use multimodal corridor, including various forms of separated bikeways. Included several segment-specific treatments. Nine-month engagement process to document conditions for all users and modes. Dominant themes included the need for bicycle improvements and reduction in dominance of motor vehicles. Most participants favored conversion of on-street parking and one travel lane in each direction to allow for safe areas to ride on Blackstone. 7 Area demographics The Fresno Parks Master Plan notes that the population of Fresno in 2017 is 525,750. That recent planning effort, completed in 2017, seeks to prepare the city for significant growth; by 2035, the city's population is estimated to be 656,323. It also notes that the city is becoming more diverse; by 2035, the city's population is projected to be 50% Hispanic, 29% white, 23% Asian, and 7% African American. The 2016 City of Fresno Active Transportation Plan centered on the needs of disadvantaged communities in Fresno by planning for a sustainable mobility future. Several socioeconomic indicators are used to identify disadvantaged communities and communities of high mobility need: Share of households in each census tract that do not own a car Share of students at each public school who are eligible for subsidized meals Census tract environmental health, as scored by CalEnviroScreen 2.0 using a range of socioeconomic, pollution, and environmental factors Share of households in each census tract with household income under 80% of the statewide median Share of workers in each census block group biking or walking to work The accompanying maps in the plan illustrate that disadvantaged communities are located primarily in areas south of Shaw Avenue and northward through neighborhoods along Highway 41. The area around California State University, Fresno also scores high on measures of mobility need. The City of Fresno is home to 17 of the 25 worst-scoring census tracts in California on CalEnviroScreen 2.0, indicating a high citywide need for access to clean, sustainable, and affordable mobility options that promote improved public health outcomes and decrease the pollution impact of transportation in the urban environment. Several maps from the City of Fresno Active Transportation Plan that are key to locating areas of greatest need in the City of Fresno as shown in Figure 1 through Figure 6. Figure 1: Percent of Households with Zero Automobiles (Source: City of Fresno Active Transportation Plan) 8 Figure 2: Free or Reduced-Price Meal Eligibility by School (Source: City of Fresno Active Transportation Plan) Figure 3: CalEnviroScreen 2.0 Percentile (Source: City of Fresno Active Transportation Plan) 9 Figure 4: Census Tracts with Median Household Income Under 80% of Statewide Median (Source: City of Fresno Active Transportation Plan) Figure 5: Walk to Work Share by Census Block Group (Source: City of Fresno Active Transportation Plan) 10 Figure 6: Bike to Work Share by Census Block Group (Source: City of Fresno Active Transportation Plan) Existing Conditions Data Mapping The following datasets have been mapped to guide analysis of network gaps and prioritization of implementation of proposed trail segments. Each criterion is depicted citywide and a following corresponding map highlights how each criterion applies directly to the existing and proposed trail network: Existing & Proposed Class I Trail Network »Figure 7. Existing and Proposed Class I Trail Network in the City of Fresno Class IV Separated Bikeways and Bus Rapid Transit Routes »Figure 8. Bus Rapid Transit Routes & Class IV Separated Bikeways »Figure 9. Bus Rapid Transit & Class IV Trail Connections Bicycle and Pedestrian-involved collisions, 2009-2015 »Figure 10. Bicycle and Pedestrian-involved Collisions, 2009-2015 »Figure 11. Bicycle and Pedestrian-Involved Collisions per Mile Near Class I Trails Disadvantaged Communities (CalEnviroScreen 3.0) »Figure 12. CalEnviroScreen 3.0 Results »Figure 13. Trail Network and Disadvantaged Communities These criteria will be used in conjunction with the existing Active Transportation Prioritization Tool that was adopted as part of the City of Fresno Active Transportation Plan (2016). Key takeaways from each data set and how they apply to the trail network are described below. Class IV Separated Bikeways and Bus Rapid Transit Routes The Class I trail network intersects with BRT or Class IV separated bikeways at several key nodes 11 o Along Kings Canyon Road near the eastern terminus of the BRT line near Clovis Avenue o Along Kings Canyon Road near where it crosses Highway 41 east of downtown Fresno o Along Blackstone Avenue north of downtown Fresno and Highway 180 o Along Blackstone Avenue at McKinley Avenue o Along Blackstone Avenue at Shields Avenue o Along Blackstone Avenue at Herndon Avenue o Between Blackstone Avenue and Fresno Street near the northern terminus of the BRT line These locations, with their close connections between BRT, Class IV trails, and Class IV separated bikeways, represent strong opportunities to facilitate better connections between active transportation and transit networks by closing small existing gaps. Bicycle- and Pedestrian-Involved Collisions Collisions involving people biking and walking occur mostly on major arterial roadways, especially those near downtown Fresno and in south Fresno. Roadways (such as Herndon Avenue in northern Fresno) with adjacent or nearby Class I trails display a lower reported incidence of collisions than nearby roadways (such as Bullard Avenue) that do not have Class I trails. However, some areas near trail segments along Herndon Avenue experience higher levels of collisions per mile that other trail segments in norther Fresno. Several proposed Class I trails near central Fresno (such as those on Shields and McKinley Avenues, along the Dry Creek canal, and along the BNSF right of way) would serve areas with the highest density of crashes and may offer people biking and walking safer off-street alternatives. The proposed Class I trail network would leave remaining gaps in many areas with high densities of crashes in downtown and south Fresno. CalEnviroScreen 3.0 and Disadvantaged Communities All areas south of Belmont Avenue, and most areas south of Shaw Avenue, score high on CalEnviroScreen 3.0 results, indicating concentrated disadvantaged communities. (Note: Disadvantaged Communities are defined by Caltrans as communities in the top 25 percentile of CalEnviroScreen scores.) Areas located near to the Highway 99 and Highway 41 corridors also score high on this index. The proposed Class I trail network would serve disadvantaged communities throughout Fresno, but would leave many remaining gaps in those in southeast Fresno which still have higher CalEnviroScreen scores compared to most north Fresno areas. 12 10 Figure 7. Existing and Proposed Class I Trail Network in the City of Fresno Figure 7. Existing and Proposed Class I Trail Network in the City of Fresno 13 11 Figure 8. Bus Rapid Transit Routes & Class IV Separated Bikeways Figure 8. Bus Rapid Transit Routes & Class IV Separated Bikeways 14 12 Figure 9. Bus Rapid Transit & Class IV Trail Connections Figure 9. Bus Rapid Transit & Class IV Trail ConnectionsFigure 7. Existing and Proposed Class I Trail Network in the City of Fresno 15 13 Figure 10. Bicycle and Pedestrian-involved Collisions, 2009-2015 Figure 10. Bicycle and Pedestrian-involved Collisions, 2009-2015 16 14 Figure 11. Bicycle and Pedestrian-Involved Collisions per Mile Near Class I Trails Figure 11. Bicycle and Pedestrian-Involved Collisions per Mile Near Class I Trails 17 15 Figure 12. CalEnviroScreen 3.0 Results Figure 12. CalEnviroScreen 3.0 Results 18 16 Figure 13. Trail Network and Disadvantaged Communities Figure 13. Trail Network and Disadvantaged Communities 19 Design Standards Toole Design staff reviewed the City of Fresno Trail Design Guidelines (2017), the City of Fresno Active Transportation Plan (2016), and the City Standard Specifications to identify general and specific design standards and guidelines that should be considered for this project. Findings from those reviews are described below. City of Fresno Trail Design Guidelines (2017) The City of Fresno Trail Design Guidelines were developed to provide direction for developing Class I paved trails. The guidelines recognized that trails are used not only by people biking but also those walking, jogging, skateboarding, pushing strollers, people with disabilities, and others. The terms "trail" and "path" are used interchangeably. The City defines trails as asphalt-paved paths twelve feet wide with concrete curbs; narrower paths are only to be allowed in exceptional circumstances. The trail system is also understood to include amenities like landscaping, bridges, fencing, and gates. Applicable Americans with Disabilities Act and Proposed Guidelines for Public Rights-of-Way standards must be incorporated into all projects covered by the guidelines, with key standards highlighted from page 11 (PDF page 17). A map on page 2 of the guidelines (page 8 of the PDF) shows a proposed network of trails connecting several existing and proposed systems, including the Old Town Clovis Trail, a conceptual alignment of the San Joaquin River Parkway Path and Trail, Rails to Trails conversions, conceptual alignment of County/City trails, and other Class I trails. This map follows closely (but is not identical to) the map of the planned bikeway network found on page 122 (PDF p108) of the Active Transportation Plan (2016), and refers to the ATP map for further detail. The guidelines note several additional subjects that should be considered when designing trails in Fresno; these are described in the following sections. Trail cross-section and design. Specifies trails constructed in a minimum of half-mile uninterrupted segments in a twelve-foot width. Provides specifications for paths along major streets, beside canals, off streets, in connecting spaces between buildings, and in open spaces. Specifies design and siting criteria for roadway crossings. See images at right for examples of cross-section design guidance relevant to this planning effort. Landscaping. Specifies landscaping and planting materials standards, including plant palette. Fencing and railings. Specifies fencing and railing types and standards for use. Includes information on vehicle gates, bollards, and railings. Furnishings. Specifies types and locations of seating, emergency phone stations, trash receptacles, bicycle parking, repair stations, drinking fountains, and fitness stations. Public art. Specifies where and how to incorporate public art and key issues related to public art program management. Signage. Specifies signage for wayfinding, interpretive content, safety warnings, and system branding. Bicycle/pedestrian bridges. Specifies bridge types and materials, including treatments for small drainage crossings. Ramps. Specifies types and placement of access ramps. Retaining walls. Specifies types and materials of retaining walls. 20 Lighting and utilities. Specifies where and how to place lighting and other utilities to achieve safety objectives and minimize obstruction. Trail heads / rest areas. Specifies designs and material treatments for places where people enter and exit trails and places where trails intersect. Specifies how to locate and design rest areas. Trail user parking. Specifies parking standards away from and at trail heads. Picnic areas. Specifies how picnic areas should be designed for user safety and comfort. Restrooms. Specifies siting of restrooms and refers to applicable building codes for restroom design. Grade separations. Specifies when and how to create grade separations (such as road underpasses) between trail and vehicle traffic. Figure 14: Canal-side bike trail cross-section (Source: City of Fresno Active Transportation Plan) Figure 15: Major street bike trail cross-section (Source: City of Fresno Active Transportation Plan) 21 City of Fresno Active Transportation Plan (2016) The Active Transportation Plan further specifies that Class I trails should be designed with consideration to the following: Separation from traffic Scenic attributes such as landscaping and views Shade to encourage use Connections with other bikeways and activity centers Well-designed street crossings with measures like grade separation, signals that can be activated by bikers and walkers, median islands, and warning signs ADA-compliant curb cuts and curb ramps Adequate width, sight distance, and drainage Pavement markings and wayfinding signs Long-term maintenance needs The plan provides general specifications for use of the following kinds of treatments and support facilities: Green colored pavement Buffers and bollards Intersection treatments such as bicycle through lanes and bicycle boxes Bicycle parking Showers and changing spaces Bike share programs Wayfinding Lighting City of Fresno Standard Specifications The City of Fresno Standard Specifications, published in January 2016, provides further specifications for construction in the right of way. Section 18 provides guidelines for proposed bike lane projects within existing streets; these standards appear not to apply to Class I trails, though applicable facility classes are not made explicit in the text. 22 Fresno Trail Network Expansion Feasibility Plan APPENDIX B Public Engagement Summary and Comments 23 PUBLIC ENGAGEMENT SUMMARY August 5, 2019 This document provides an overview of the public engagement actions undertaken for the Fresno Trail Network Expansion Feasibility Plan in the Spring/Summer of 2019, along with feedback from the events. HIGHLIGHTS •Community members that attended represented a RANGE OF AGES, INTERESTS, and BACKGROUNDS. •In general, attendees were SUPPORTIVE and ENTHUSIASTIC about the plan •Trail users who ride bicycles BIKE for FITNESS, FUN, and to COMMUTE •Pedestrian trail users mostly WALK for FITNESS •There was a lot interest in MAINTENANCE, and AMENITIES THAT IMPROVE THE TRAIL EXPERIENCE and COMFORT, like shade trees, trash cans, seating, and water fountains PROJECT PURPOSE The purpose of this project is to prioritize proposed Class I trails throughout the City of Fresno and to develop designs for the top- ranking trails so that the City can seek funding for construction and implementation. The Fresno Active Transportation Plan (2017) proposes 166 miles of trails along with a City-council adopted prioritization methodology, the Active Transportation Priority Tool, which incorporates measures of access, community demand, equity, connectivity, and safety. This prioritization also incorporates several Caltrans measures, including the Six Principles of Smart Mobility and Place Types. The tool incorporates data from CalEnviroScreen of environmentally-disadvantaged communities. The robust mapping analysis will result in a shortlist of five trail segments, each a half to full mile long, for which concept designs and cost estimates will be prepared, along with other relevant information needed to prepare grant applications. Figure 1. Community member reading the presentation boards 24 The project includes a public engagement process, for which the goals are to: COMMUNITY ENGAGEMENT PLAN The project team developed a Community Engagement Plan which includes the following elements: •Engagement Goals •Demographic Information •Inclusive Engagement Strategies •Identified Stakeholder Groups •Trail Advisory Committee Process •Community Meeting Plan Based on this plan, we enacted a meeting notification effort, conducted a series of meetings, and are using the feedback we gained to inform the design of the trails. As a separate effort, we created a Promotion Plan which outlined how to communicate events through direct emails and social media promotion. MEETING NOTIFICATION To notify community members of our events, we undertook the following actions: •Created a project webpage •Social media posts (Nextdoor, Facebook, Twitter) •Created flyers in English, Spanish, and Hmong (see Figure 2) •Distributed the flyers via an email blast to Trail Advisory Group members and other contacts from previous engagement efforts Figure 2. Translated event flyers •Build on previous engagement efforts •Inform the community about the Plan and opportunities for involvement in the process •Identify and engage key stakeholders who are interested in and or potentially affected by the proposed designs •Identify community need and priorities for expanding the trail network •Reflect and collect feedback on the draft plan •Build momentum and support for future implementation 25 PUBLIC AND STAKEHOLDER OUTREACH EVENTS EVENT DATE EVENT TYPE LOCATION NUMBER OF ATTENDEES June 5, 2019 Community Open House Gaston Middle School (SW Fresno) 8 June 6, 2019 Community Open House Ted C. Wills Community Center (Central Fresno) 19 June 13, 2019 Community “Walkshop” McKenzie Trail 9 July 9, 2019 Hora de Café Meeting Trolley Creek Park 10 July 10, 2019 Addams Hora De Café Villa Mobile Home Park 13 July 11,2019 Community Meeting 3 Palms Mobile Home Park 5 TOTAL 64 City of Fresno staff and consultants initially hosted two meetings and one “walkshop” (trail walk) during June, to reach primarily in central and south Fresno. City staff then conducted three additional meetings in July, at the community’s request. Participants at the events included internal stakeholders, Caltrans staff, residents of Fresno, students, members of advocacy groups, members of the disability community, monolingual Spanish-speaking residents, and bicyclists. The meeting goals were to: •Provide an overview of the project and schedule •Summarize the prioritization process •Provide information on various conditions for Class 1 trails (e.g. with roadway rights-of -way, along canals, on separate rights-of-way) •Solicit input on barriers to walking and biking •Identify preferred walking and biking routes •Identify how the community uses trails and how they would like to use trails •Solicit input on preferred trail design features and amenities Accessibility In addition to translating the meeting promotion flyers, we provided Spanish and Hmong translation at the first three events, and Spanish only at the last three of the meetings. All meeting materials were reviewed by the City’s ADA coordinator to ensure visual accessibility. Figure 3. Toole Design team engaging Spanish-speaking community members at community meeting 26 WHAT WE LEARNED While turn out for the meetings was lower than expected, those who attended represented a wide range of the community--people of varied ages, students, families, advocates, people from the disabled community, and mono-lingual Spanish speaking people. Generally speaking, attendees were positive and enthusiastic about the project, and eager to weigh in on how the trails could be designed to best meet the community’s needs. Major topics and themes discussed in the meetings included: •Community trail priorities •Barriers to biking and walking •People like and want to use trails •Connectivity issues/desires •Many people don’t feel safe biking on roadways •Trail amenities •Desire for more regular trail maintenance •Desire for seating, shade, and water •Challenges crossing certain streets he following information aggregates the responses and input we received on the community meeting boards about local trail network knowledge, how people use trails, and what amenities are important to them. Local Network Knowledge We asked the following questions to assess trail use patterns, destinations, and areas of need. •Where do you live? •Routes: existing trails you use now, planned trails you would like to use •Destinations: Places you would like to bike and walk to and from •Barriers to indicate features that make it hard to walk and bike on existing or planned trails The photos in Figure 7 show how people responded, by placing dots on maps of the existing and proposed trail network. Figure 5. Community members and project team at the trail walkshop Figure 6. Project team and attendees discussing the prioritization Figure 4. City staff and attendees at one of the Hora de Café events 27 Figure 7. Photos of input boards 28 How People Use Fresno’s Trails The chart below indicates how people use the trails, with larger color block sizes indicating a higher number of responses. Trail Amenities The chart below indicates which trail amenities attendees were most interested in, with larger color block sizes indicating higher number of responses. 29 Other Amenities Requested Other input (hand-written) included: •More trash cans •More trees and vegetation – not specifically for shade but for beautification •Water fountains—for people and for dogs, rest stops •Benches •More regular maintenance •Flashing beacons at intersections •More e-bike stops/rental places •Water stations •Skateboard paths •Work-out stations •Dog park area •Enforce the 3' passing law •Photography opportunities and scenery •Pokemon stops •Separated bike and ped lanes •Trail user etiquette signs •Fun destinations like dog parks •Trails that connect to one another •Emergency call boxes Trail Walkshop During the “walkshop” along the McKenzie Trail, the following issues came up most frequently. SAFETY AND COMFORT Homeless campers, broken fences, vandalism ACCESS Cut-throughs to neighborhood and parks, safety at street crossings MAINTENANCE Broken/missing amenities due to vandalism, nuisance activity, litter AMENITIES Shade, more frequenty spaced lighting, benches 30 TRAIL ADVISORY COMMITTEE An advisory committee was formed to build on previous engagement efforts and to provide high-level input on the plan. Trail Advisory Committee Members •Caltrans (John Liu) •Centro La Familia (Margarita Rocha) •Community Regional Medical Center (Eliana Troncale) •Fresno Center for New Americans (Pao Yang) •Fresno Cycling Club (Nicholas Paladino) •Fresno Council of Governments (Peggy Arnst) •Fresno County Department of Public Health (Joe Prado) •The Maddy Institute (Mark Keppler) •Tree Fresno (Lee Ayres) •Every Neighborhood Partnership (Andrew Feil, Monique Jackson) •Bicycle Pedestrian Advisory Committee (Tony Molina) •Gene Richards •City of Clovis (Dwight Kroll) •Leadership Council for Justice and Accountability (Grecia A. Elenes and Lucio Avila) Internal Stakeholders City of Fresno Public Works (Viridiana Llanos, Scott Sehm, Shelby MacNab, Jill Gormley, and Michelle Zumwalt) Caltrans (Scott Lau, Lupita Mendoza, and Lorena Mendibles, and John Liu) Trail Advisory Meetings The first meeting provided an overview of the project and encouraged committee members to help promote the public engagement events. At the second meeting, the results of the prioritization process, as well as the community engagement to date, were shared with the group for their feedback and input. MEETING DATE LOCATION NUMBER OF ATTENDEES April 10, 2019 Fresno City Hall 16 July 25, 2019 Fresno City Hall 12 31 A.Public Meeting Boards (pdfs) B.Public Meeting Comments (pdfs) C.Sign-in Sheets D.Images from Community Meetings 32 Fresno Trail Network Expansion Feasibility PlanOverview and Public Process• Collect and analyze datato show which areas havethe greatest need fortrails• Prioritize all trails basedon data• Share results with public• Solicit community inputon trail features• Select top trails• Develop concept designs, incorporatingpublic input• Compile Draft TrailNetwork ExpansionStudy• Share with publicThe Fresno Trail Network Expansion Feasibility Plan continues the City’s effort to identify and develop Class I trails that were proposed in the Active Transportation Plan adopted in 2017.The goal of the project is to prioritize future trail corridors for funding and construction based on community-identified needs using Caltrans’ Principles of Smart Mobility. This includes:• Location efficiency: integrate land use andtransportation to reduce vehicle trips length andnumber• Reliable mobility: convenient and safemultimodal travel• Health and safety: reduce serious injuries andfatalities• Environmental stewardship: reduce GreenhouseGases• Social equity: provide mobility options incommunities that have historically received lessinvestment or have experienced displacement• Robust economy: invest in improvements thatsupport the community economic healthThe major phases of the plan are shown to the right.• Incorporate input fromCaltrans, community,City of Fresno tofinalize study• Use plan to pursuegrant funding for trailprojectsFall2019Summer2019Spring2019Winter2019-2020CURRENT PHASE33 Fresno Trail Network Expansion Feasibility PlanWhat is a Class I Trail?Caltrans deƤ nes Class I bikeways, also known as bike paths or shared-use paths, “as facilities with exclusive right of way for bicyclists and pedestrians, away from the roadway and with cross ƥ ows by motor trafƤ c minimized. Some systems provide separate pedestrian facilities. Class I facilities support both recreational and commuting opportunities. Common applications include along rivers, shorelines, canals, utility rights-of-way, [abandoned] railroad rights-of-way, within school campuses, or within and between parks.”Class 1 trails are designed to respond to the setting in which they are located. In Fresno, this includes:A. Major street trails, also known as sidepaths,typically part of the road right-of way, like thetrails segments along Herndon AveB. Canal-side trails, like the Midtown TrailC. Off-street trails, such as the Fresno-ClovisRail Trail, which have a separate right-of-wayD. Connector trails, which provide short linkssuch as between a neighborhood and a parkE. Open space trails, like the San Joaquin RiverParkway and Thomas MacMichael Sr. Loop Trailin Woodward ParkThe cross-sections to the right show the design standards for each of these trails..BKPS4USFFU¶7UDLO(DVHPHQWforfor publicpublic commentcomment25’ Trail Easement Width Varies F.I.D. Easement 36’ Trail Easement 26’ Trail Easement 0QFO4QBDF5SBJM20B. Canal-side trailC. Off-street trailD. Connector trailSOURCESCaltrans. A Guide to Bikeway ClassiƤ cation, July 2017. Accessed from www.dot.ca.gov/d4/bikeplan/docs/caltrans-d4-bike-plan_bikeway-classiƤ cation-brochure_072517.pdfTrail cross sections: City of Fresno Trail Design Guidelines, Administrative Draft, June 2017E. Open spacetrailA. Major street trail34 ·|}þ·|}þ·|}þ·|}þ·|}þ·|}þ·|}þCHURCH AVEPERRINAVENEES AVEBELMONT AVEWEST AVEBLYTHEAVEMARKS AVEBULLARD AVEG S T PALMAVEBULLARDAVEOLIVEAVETULARE STFOWLER AVEGETTYSBURG AVEHSTMILLBROOK AVEJENSEN AVESHAW AVEMCKINLEY AVEORANGE AVECHESTNUT AVEBRAWLEYAVESHIELDS AVEASHLAN AVEBUTLER AVECALIFORNIA AVECHESTNUTAVEBARSTOW AVECLINTON AVESANJOSEAVEHUGHES AVEHERNDONAVER S T POLK AVEMAPLE AVEVENTURASTKINGSCANYONRDJENSENAVENORTH AVETEAGUE AVEARMSTRONG AVETUOLUMNE STINYO STVALENTINE AVEFRIANTRDAUDUBONDRW EBERA V E BELMONT AVEA LLUVIALAVESHIELDS AVEHAYES AVESHEPHERD AVEGOLDENSTATEB LVDGO LD ENSTA TEBLVD FIG AVEWALNUT AVESHIELDS AVECLINTON AVEIN TERNATIONALAVEM STTEMPERANCE AVEFRUIT AVEO ST B S TLANE AVECOPPER AVEBRYAN AVENIELSEN AVEMARKS AVEKEARNEYBLVDCHURCH AVECEDAR AVEWEST AVEFRESNO STFIRST STTHORNE AVEFULTON STMARKS AVECEDAR AVEMAPLE AVEFRUIT AVEWILLOW AVECLOVIS AVEVAN NESS BLVDPOLK AVEPEACH AVEBLACKSTONE AVEWILLOW AVEWISHONAVEGARFIELD AVELOCAN AVEGRANTLAND AVEEAST AVEVANNESSBLVDELM AVEA IRWAYSBLVD99180419918016841CalifroniaState UniversityFresnoFresno YosemiteInternationalAirportFresno-ClovisRegional WastewaterReclamation Facility (RWRF)LEGEND ExistingPlannedBoundariesSphere of InfluencePlanning Area BoundaryCity LimitsDevelopment and ResourceManagement Department4012340.5Miles&ODVV,%LNH3DWKV 7UDLOV Fresno Trail Network Expansion Feasibility PlanShare your local knowledge!BarriersPlace red dots on the map to indicate features like busy intersections, a wall, or a gap that make it difƤ cult to walk and bike on either an existing or planned trailsRoutesPlace green dots on the map to indicate existing trails you use now AND planned trails you would like to useDestinationPlace yellow dots on the map to show places you like to walk and bike to and from. These could be places like your neighborhood, the library, the store, the parkHelp us learn where and how you use trails, where you would like to go, and where there are challenges we should know about.Where do you live?Place a blue dot on the map to show where you live35 Fresno Trail Network Expansion Feasibility PlanData collection, mapping, and prioritizationIn this Ƥ rst phase of the project, we collected data for all planned trails and mapped it to show where there is the greatest need. The next step is to apply the Active Trans Tool. This is a project prioritization process developed by City of Fresno staff as part of the Active Transportation Plan. It was adopted by City Council as the preferred way to prioritize future bicycle and pedestrian projects. The tool uses the following criteria to prioritize top projects:• Access and equity factors focus on disadvantaged areas of thecity and areas identiƤ ed by the community as top priorities forinvestment• Connectivity measures the ability to reach to destinations likeschool, shopping, jobs and other trails and bikeways• Safety and comfort factors focus on areas where bicycle/pedestrian collisions have taken place• Sustainability focuses on areas where providing trails wouldgive people more options to get around without a car, to reduceGreenhouse Gas Emissions• Caltrans Enviroscreen factors, which are areas in the communitythat are identiƤ ed as “disproportionately burdened by, andvulnerable to, multiple sources of pollution”Below are some key maps showing the results. Each colored line on the maps below indicates a planned trail.(Low priority)(High priority)*Collisions in the last 5 years, from the Statewide Inte-grated TrafƤc Records System (SWITRS) data provided through the UC Berkeley Transportation Injury Map-ping System (TIMS) portal36 Fresno Trail Network Expansion Feasibility PlanHow do you use Fresno’s trails? Show us! I walk for enjoymentI walk to stay in shapeI bike for funI run to stay in shapeI use alternative wheelsI use a mobility deviceI ride an E-bikeI commute by bike I ride for Ƥ tness I bike with my familyI like to ride fastPut a dot next to your top 3. Other ideas? Write it down!37 Fresno Trail Network Expansion Feasibility PlanWayfinding signs Waysides and benchesMaintenanceBike parkingConnections/”cut-throughs”Drinking fountainsTrees and vegetationWhich trail amenities do you think are most important for Fresno’s trails?Put a dot next to your top 3.Ramadas/shade structuresPet waste stationsOther ideas? Write it down!38 Ii Neighborhood or affiliation Email or preferred contact method ( optional) I EA A"""J )�-\L:A\)Y� ly-/=3''-J c-vt,Jl ,_.,'lr...,ur..="=--'·I.,I_,, Drop ifi the comment box or refurn'to: - Jesus A. Gonzalez, PE City of Fresno -Design Services 2600 Fresno St., 4th Floor Fresno, CA 93721 (559)621-87941 Jesus.GonzalezJr@fresno.gov City of l:D�£!1tJ�I � .--n1;;.�v 39 40 41 J)eo<K Cof>J Prioritization Results r·-·-·-·-· I �---1 '-·-· Prioritization Scores -0-20 c::=. 20·40 =40-60 �60-80 -ao-100 r�-----.� Upc{ut-e d!es,3n �idf tu show \(\0 '{"Cl-� \ s ori C..().Y\ uJ � -, { f rc>C '-' S Ov, ( 0..VLJ SCDLf>; v-ij'. r ,·ooLE DESIGN 42 43 44 PUBLIC ENGAGEMENT SUMMARY | Appendix B | PUBLIC COMMENTS 45 46 47 48 49 50 Fresno Trail Network Expansion Feasibility Plan Public comments translated from Spanish Name: Leoncio Vazquez Affiliation: Resident Date: Contact: lvasquez@fiob.org It’s very important that the city of Fresno consider establishing and maintaining trails regularly, so people can bike and walk throughout the city. For now, consider establishing and having more clear, visible routes for bicyclists in the southwest Fresno and the following important places, such as Fresno City College, Fresno State, Fresno Pacific University, Manchester Center, all of central (or Downtonwn) Fresno. Keep in mind that it is difficult (at intersections) and where bike routes meet other roads. (looks like it says “signals” which can mean at intersections. This is very hard to read) Trolley Creek Park Comments Name: Unknown Affiliation: LCJA Date: 7/9/19 I would like for you (the City) to consider all the comments you have received and help us create safer trails for our children and our community- so the City looks cleaner, healthier, and contamination free. Name: Unknown Affiliation: LCJA Date: 7/9/19 I would like for King Canyon and Chestnut to have more trails for walking and would like Willow trail to be longer. Another at King Canyon and Willow. Name: Unknown Affiliation: LCJA Date: 7/9/19 McKinley Street needs safe trails for kids walking to school like Yosemite, Mayfair, McLane and Duncan, and to stores on McKinley. I would like it to be cleaner and safer for us to walk to stores in this area. Thank you. Name: Estela Ortega Affiliation: LCJA Date: 7/9/19 I need a safe path or route on McKinley to walk and bike, to go to school (Yosemite, Mayfair, McLane and Duncan) to go to stores and restaurants, and to walk. I’d like to see water (drinking) fountains, trees, benches to sit, and barriers so people don’t fall into the canal. I’d also like to see a connection 51 between Fresno and Chestnut, or – if possible – to Primavera. Trees are important for shade and to have more green space, thank you. Also, a station for cleaning up dog defecation. Name: Magdalena Barrios Magos.barrios559@gmail.com Affiliation: LCJA Date: 7/9/19 I would like to see shade, drinking fountains, and stations for cleaning up dog defecation along California St. from Cedar to Peach. A lot of trees along the path. *If you could place drinking fountains along the new trails to have this healthy option when using the path. 52 Fresno Trail Network Expansion Feasibility Plan Please sign in! D Event name: 'b T AU'Y\ City of �B��M1�1 � .-nl(;;�l1i�a§ oi•l-6 Ho....,. f tte, I"- Neighborhood or affiliation Check to be ffi-1_=.t:1 □ ,!_mail (or preferred contact method) C:::�\(_u -� ;}__ fa - s-s-1-cr -f-53 C | SIGN IN SHEETS54 Fresno Trail Network Expansion Feasibility Study Please sign in! fl:J( � Event name: Name c>(�.r K)., P�(��� City of �D��Nl�'� n1;.�••V lo c i111 oP 'C°reJh o C.a...,l.\v--..n s Check to be Email (or preferred contact method) 't'ft. C ri2 '$ {q <. � V She(bv}, ma crJa.?"'n?.{no. - C kl\ � ( ; v.. G d o-+ .V Iii ... ; -��1 av 55 56 Fresno Trail Network Expansion Feasibility Plan Please sign in! Event name: City of �B� � U�I � rn1=�1"ii�� Neighborhood or affiliation •1..0�---57 58 59 60 61 62 Fresno Trail Network Expansion Feasibility Plan APPENDIX C Trail Advisory Committee Meeting 1 Summary 63 Fresno Trails Network Expansion Feasibility Study Trails Advisory Committee Meeting #1 April 10, 2019, 2-3 pm, Fresno City Hall, Rm 4017 Meeting Minutes I.Welcome and Introductions | input activity TIME •Review agenda 2:00 pm •Name + affiliation 5 min •Icebreaker: Imagine the year 2030; Fresno’s trail network is fully built out, thanks for your work on this committee. Imagine the process and offer a few words about what you think it would take to get there. o Support from development community o Grant writing o Community input and buy-in o Money and land o Strong marketing strategy o Connections that improve community health and the data to support it o City council and mayor support + political will o Cultural shift towards active transportation o Equitable distribution of trails especially in the southern part of town o Maintenance plan and financing 10 min II.How we arrived here | discussion •History, outcomes, summary of previous engagement efforts o We need to build a comprehensive system on the canal banks. Especially in the older parts of the community and in the urban core. FID is back pedaling on an existing agreement with the City to implement trails on the canals. There is an opportunity to implement 200 miles of urban trails in these locations. The City should continue to work with FID to address this. The proposed canal trails were included in the ATP evaluation Measure P also show proposed projects FID should be hearing this from the community Need to see the FID map trail. This TAC can put this into the FID board agenda. o City will provide maps of the canal and abandoned rail line proposed trails 5 min 64 o City to identify what trail segments have a high likely of being able to be implemented through conditions of approval for future developments o City to identify which trail segments of identified funding Midtown Trail from Blackstone to Clovis o Need to deal with the maintenance plan/issue o Observation: the timing is good for this project and could help communicate concrete actions with another potential ballot measure to increase funding for parks and trails III.Where we’re going | discussion •Phase 1: Existing Conditions, Prioritizations, trails “short list,” community engagement o Community Engagement Existing CBO’s already have good connections in the communities. This plan should provide them with materials to extend the outreach at other meetings beyond what is included in the scope. Engagement is schedule for May/June and should focus on central and south Fresno. Promotion for the Plan and events should start by the end of April. Collaborate with existing specific plan efforts: Central Southeast Specific Plan and West Area Specific Plan A request was made for having more engagement in September. Jesus noted that we will be asking the public to review the draft plan around that timeframe. Opportunities for expanded promotion: •Merrick W – Fresno Bee •Jim Boren – University, media •Bill McEwen at GV Wire •Sunday morning show on local politics •School District newsletters and Parent University through Fresno Unified •Join existing events such as Grizzly Fest, Bike to Work Day, Clovis Botanical Garden •Talk to City Council members for South Fresno to identify good events Potential locations for community meetings: •Manchester – would engage Better Blackstone •Los Gatos Center – connects with people along Kings Canyon •Gaston Middle School – good venue in SW Fresno •Sunnyside High School – good venue in SW Fresno •Park Commons – good venue in Central Fresno •Venture Creek Trails •Talk to the parks department about upcoming activities and locations 10 min. 65 All promotional materials should be sent to the TAC members to expand the reach of community engagement to their contacts. •Phase 2: conceptual designs, additional analysis/data gathering, draft and final plan o The TAC was excited that five corridors were included for design and cost assessments to help with grant applications. IV.How we’re going to get there | discussion and input activity •Introduce how prioritization tool will work + inputs o Maps were presented to show how the prioritization data applies to the trail network. These should be included in the final plan. 5 min. •Discuss Place Types and Six Principles of Smart Mobility o The ATP Prioritization Tool criteria and Caltrans Smart Mobility Place Types were discussed. 5 min. •Exercise: What’s Missing? What’s Most Important? What will build community support? o No additional prioritization criteria were mentioned for inclusion. o The TAC agreed that equity and a focus on expanding the network in South Fresno was very important. 10 min. V.The role of the TAC | discussion and input activity •Committee goals and collective commitment to increase engagement 5 min. •Opportunities for cross-promoting and gathering plan input •Brainstorm: what do we need to know about engaging the community, what resources do you have? o See notes in Community Engagement section. 10 min. VI.Next steps •Meeting Promotion: community meetings, walking tour •TAC members to provide comments on Community Engagement Plan directly to Jesus by Friday, April 12th 5 min. 75 min. 66 Community Engagement Plan Review Mtg. Attendance Roster Project Title: Trail Network Expansion Feasibility Plan Project I.D.: PW00823 Date: 4/10/2019 NAME Jesus A. Gonzalez �� Scott P. Sehm _?7 Shelby MacNab :dX\, Jill Gormley � Michelle Zumwalt � Scott Lau ,6 fv '�� Lupita Me� Lorena Mendibles ORGANIZATION City of Fresno -Public Works City of Fresno -Public Works City of Fresno -Public Works City of Fresno -Public Works City of Fresno - DARM Caltrans Caltrans Caltrans E-MAIL ADDRESS Jesus.GonzalezJr@fresno.gov Scott.Sehm@fresno.gov Sheiby.MacNab@fresno.gov CONTACT PHONE NUMBER 559-621-8794 559-621-8712 Jill.Gormley@fresno.gov g;q I &..:vl -�19c Michelle.Zumwalt@fresno.gov &C\J G:., 42-I -'o D"'f -z Scott.Lau@dot.ca.gov S�G\ -�45 -51''a..3 Lupita.Mendoza@dot.ca.gov 559-488-5763 Lor ena.Mendibles@dot.ca.gov 559-445-5421 67 Community Engagement Plan Review Mtg. Attendance Roster Project Title: Trail Network Expansion Feasibility Plan Project I.D.: PW00823 Date: 4/10/2019 NAME ORGANIZATION E-MAIL ADDRESS John Liu � Caltrans iohn.liu@dot.ca.gov Dwight Kroll Kristen Lohse Patrick Gilster \V� Ed Noriega Margarita Rocha Eliana Troncale Pao Yang City of Clovis Toole Design Toole Design Mark Thomas Centro La Familia Community Regional Medical Center Fresno Center for New Americans dwightk@ci.clovis.ca. us klohse@tooledesig n. com pgilster@tooledesign.com enorie�markthomas.com mrocha@centrolafamilia.org ETroncale@communitymedical.org pao.yang@fresnocenter.org CONTACT PHONE NUMBER 551 _yegg- 'f (tf (_,{ 206-297-1601 68 Community Engagement Plan Review Mtg. Attendance Roster Project Title: Project I.D.: Date: NAME Nicholas Paladino fct Peggy Arnst Ar11e.n+ Joe Prado ff_ Mark Keppler 'fr /L Trail Network Expansion Feasibility Plan PW00823 4/10/2019 ORGANIZATION Fresno C� Club Fresno Council of Governments Fresno County -Dept. of Public Health The Maddy Institute Lee Ay_res -zf_ Tree Fresno Andrew Feil Every Neighborhood PartneshiQ Monigue Jackson Every Neighborhood PartneshiQ Tony Molina 'L_J_... .. e-ommittee ?!521,-Bicycle Pedestrian Advisory E-MAIL ADDRESS nd pa lad ino@sbcg lobal. net parnest@fresnocog.org JPrado.@co.fresno.ca.us mkeppler@csufresno.edu lee@treefresno.org andrew@everyneighborhood.org monique@everyneighborhood.org molinaa.fresno@gmail.com CONTACT PHONE NUMBER 55"1-72 'l-9V8" G :J3/ -G 0o -300 7 (;{'�') µ_l.-1.1-zi 5 -08 a8 s-Ft::_RR:;:S: 5'ftt-'-\JO -b S°� � :;-&7 3 's --;;;.s w y 69 Community Engagement Plan Review Mtg. Attendance Roster Project Title: Trail Network Expansion Feasibility Plan Project I.D.: PW00823 Date: 4/10/2019 NAME ORGANIZATION E-MAIL ADDRESS Gene Richards � igenerichards@gmail.com Carlos Hernandez uLj Toole Design chernandez@tooledesign.com CONTACT PHONE NUMBER 70 Fresno Trail Network Expansion Feasibility Plan APPENDIX D Trail Advisory Committee Meeting 2 Summary 71 Fresno Trails Network Expansion Feasibility Plan Trails Advisory Committee Meeting #2 July 25, 2-3 pm, Fresno City Hall, Rm 4017 MEETING SUMMARY I.Welcome and Introductions Attendees City of Fresno: Viridiana Llanos, Scott Sehm, Shelby MacNab, Michelle Zumwalt Caltrans: Scott Lau Committee Members: Nicholas Paladino, Peggy Arnest, Lee Ayres, Andrew Feil, Alexis Kaughlin, Tony Molina, Lucio Avila, Sandra Celedon, Kim McCoy Consultants: Kristen Lohse, Ed Noriega II.Review Project Phases, Status Update •Phase 1: Existing conditions, prioritization, trails “short list,” community engagement. •Phase 2: Conceptual designs, additional analysis/data gathering, draft and final plan. III.Public Engagement to Date | presentation •Summary of events and feedback received. IV.Trail Prioritization Process and Results | presentation and discussion Process Access to Transit analysis •Sandra was concerned that the mapping only shows transit stops and not ridership, feels like that’s equality but not equity. It would have been better to show routes that have high ridership. •Shelby explained that that the Active Transportation Priority Tool, as adopted by council, looked only at transit routes, but ridership could be incorporated into a future version. Existing Trails •Scott explained that the City is negotiating a Master Agreement with FID for the Midtown Trail. Segment 2 has been designed to 90% but is on hold until the agreement is completed. Prioritization tool results and recommended trail segments Trail A: Herndon 39 Canal Extents: Hughes Ave to N Fruit Ave, crossing W Ashlan Ave Approx. length: 1.1 miles Neighborhood/area: Ashlan/West Neighborhood Overview: Connects neighborhoods to shopping areas Discussion •Sandra asked if this an area where trails are needed. 72 •Shelby replied that in West Area Planning Process residents have expressed desire for trails, and that there is a lack of facilities in the west area. •After further explanation, general approval from committee. Trail B: Kearney Blvd Extents: West Avenue to Fresno Street Approx. length: 1.33 miles Neighborhood/Area: SW Fresno Overview: Boulevard with frontage roads, connecting downtown to west Fresno Discussion •Nick asked about how the trail would be built, given the existing street and frontage roads, and expressed concern that if parking removal were required, it would be unpopular. •Nick was also concerned about the geometry of some of the side-street crossings, for example where there are median islands. •Shelby replied that the consultant team will come up with a creative approach that meets the neighbors needs. •Michelle shared that residents in recent planning processes have viewed the idea favorabily. •General approval from committee. Trail C: Thorne/Merced Extents: S Thorne Ave, from California Ave to Merced St, and Merced St from S. Thorne Ave to B St Approx. length: 0.92 miles Neighborhood/Area: SW Fresno Overview: Area of high trail need, intersects Kearney Blvd segments, connects SW Fresno to Downtown Fresno. Discussion •No major issues •General approval from committee Trail D: East Jensen/Church Loop Extents: E. Jensen between MLK and S Lotus > S Lotus between E. Jensen and E Church > E. Church between S Lotus and MLK* Approx. length: 1.9 miles* Neighborhood/Area: SW Fresno Overview: Provide connection to Gaston Middle School, W.E.B. DuBois Academy, and future CMAQ funded projects surrounding the new city college campus. Discussion •No major issues •General approval from committee *Following the meeting, in order to keep the total trail length ~5 miles, this area was reduced in mileage to 1 mile. Revised limits are: Church from MLK to Elm and Jensen from MLK to Elm. Trail E: Central Canal trail near E Jensen Ave Extents: S. Chestnut to S. Peach (crossing S. Willow) Approx. length: 1.5 miles 73 Neighborhood/Area: SE Fresno Overview: Semi-developed area connecting schools (Edith Storey Elementary, Terronez Middle School, Phoenix Secondary), two churches, and homes Discussion •Sandra said that the more developed area to the west has a higher need--along Jensen Ave and Jensen bypass, and that this area isn’t as developed. •Even though there is high need in SE Fresno, she felt this wasn’t the right facility to pursue, and recommended something in SW Fresno instead. •The City clarified that this project is looking a trails, not bikeways along an arterial. •Lee Ayres added that Tree Fresno opposed Class 1 Trails on high volume arterial roads such Jensen. •Lucio said he felt this area needed more trail connectivity. Shelby noted that connectivity in SE Fresno would be revisited during the next update of the Active Transportation Plan. •Some members of the committee representing Building Healthy Communities and Every Neighborhood Partnership supported looking at trails in SW instead of the canal trail in SE. Other members felt that the SE trail would ultimately connect into Fancher Creek. •It was decided that the City would look at alternative segments. Segments in SW Fresno that scored a 42 (Walnut/Hinton Park area) or 61 (Tuolumne into Downtown Fresno) were suggested. •Shelby said she she would look into whether the trail could be completed as a condition of development and how this might effect grant funding eligibility. •Public works staff agreed to review the committee’s recommendations and provide direction to the consultant for the approximately 5 miles of trail concept work. V.Next steps •Trail concept development, feasibility plan, public review VI.Adjourn 3:30 pm Attachments: •Images from Meeting •PowerPoint •Sign-in sheet •Recommended Segments 74 75 Project Title: Project I.D.: Date: 2nd Trail Stakeholder Advisory Meeting Attendance Roster Fresno Trail Network Expansion Feasibility Plan PW00823 7/25/2019 NAME / INITIALS ORGANIZATION E-MAIL ADDRESS Viridiana Llanos Scott P. Sehm Shelby MacNab Jill Gormley Michelle Zumwalt Scott Lau Lupita Mendoza Lorena Mendibles \JL � 9m � City of Fresno -Public Works viridiana.llanos@ fresno.gov City of Fresno -Public Works Scott.Sehm@fresno.gov City of Fresno -Public Works Shelby.MacNab@fresno.gov City of Fresno -Public Works Jill.Gormley@fresno.gov City of Fresno -Planning and Development Department Michelle.Zumwalt@fresno.gov Caltrans Scott.Lau@dot.ca.gov Caltrans Lupita.Mendoza@dot.ca.gov Caltrans Lorena.Mendibles@dot.ca.gov CONTACT PHONE NUMBER 559-621-8794 559-621-8712 559-621-8689 559-621-8792 559-621-8092 559-445-5763 559-488-5763 559-445-5421 K:\02 PROJECTS\PW PROJECTS (PUBLIC WORKS)\PW00823 TRAIL EXPANSION PLAN\07 FINAL PS&E\TASK 2.1\PW00823 Task 2.1 Meeting Roster_ll.xlsx 76 2nd Trail Stakeholder Advisory Meeting Attendance Roster Project Title: Fresno Trail Network Expansion Feasibility Plan Project I.D.: PW00823 Date: 7/25/2019 NAME / INITIALS Nicholas Paladino ..;:/.J)t_ Peggy Ames� Joe Prado Mark Keppler Lee Ayres Andrew Feil A/"/' it) 1-. Monique Jackson ORGANIZATION Fresno Cycling Club Fresno Council of Governments Fresno County -Dept. of Public Health The Maddy Institute Tree Fresno Every Neighborhood Partneship Every Neighborhood Partneship �cle Pedestrian Advisory Tony Molina � �_C_o_m_m_it _te_e ______ _ E-MAIL ADDRESS ndpaladino@sbcglobal.net parnest@fresnocog.org J Prado@co.fresno.ca. us mkeppler@csufresno.edu lee@treefresno.org andrew@everyneighborhood.org monigue@everyneighborhood.org molinaa.fresno@gmail.com CONTACT PHONE NUMBER 559-724-9218 559-600-3007 559-213-0808 559-885-3906 559-430-6598 559-313-2368 K:\02 PROJECTS\PW PROJECTS (PUBLIC WORKS)\PW00823 TRAIL EXPANSION PLAN\07 FINAL PS&E\TASK 2.1\PW00823 Task 2.1 Meeting Roster_ll.xlsx 77 � Project Title: Project I.D.: Date: NAME Gene Richards Carlos Hernandez Grecia Elenes Genoveva Islas Sandra Celedon Kim McCoy Lucio Avila � 2nd Trail Stakeholder Advisory Meeting Attendance Roster Fresno Trail Network Expansion Feasibility Plan PW00823 7/25/2019 ORGANIZATION Toole Design Leadership Counsel for Justice and Accountability Cultiva la Salud Fresno BHC Fresno BHC Leadership Counsel for Justice and Accountability E-MAIL ADDRESS igenerichards@gmail.com chernandez@tooledesign.com gelenes@leadershipcounsel.org genoveva@cultivalasalud.org sceledon@fresnobhc.org kmccoy@fresnobhc.org lavila@leadershipcounsel.org CONTACT PHONE NUMBER 559-369-2790 559-369-2790 K:\02 PROJECTS\PW PROJECTS (PUBLIC WORKS)\PW00823 TRAIL EXPANSION PLAN\07 FINAL PS&E\TASK 2.1\PW00823 Task 2.1 Meeting Roster_ll.xlsx 78 Project Title: Project I.D.: Date: NAME/ INITIALS John Liu Dwight Kroll Kristen Lohse Patrick Gilster tff( 2nd Trail Stakeholder Advisory Meeting Attendance Roster Fresno Trail Network Expansion Feasibility Plan PW00823 7/25/2019 ORGANIZATION Caltrans City of Clovis Toole Design Toole Design E-MAIL ADDRESS iohn.liu@dot.ca.gov dwightk@ci.clovis.ca.us klohse@tooledesign.com pgilster@tooledesign.com Ed Noriega � Mark Thomas enoriega@markthomas.com Mar_g_arita Rocha Eliana Troncale Pao Yan_g Centro La Fam ilia Community Regional Medical Center Fresno Center for New Americans mrocha@centrolafamilia.org ETroncale@communitymedical.org pao. yang@fresnocenter.org CONTACT PHONE NUMBER 559-488-4144 206-297-1601 K \02 PROJECTS\PW PROJECTS (PUBLIC WORKS)\PW00823 TRAIL EXPANSION PLAN\07 FINAL PS&E\TASK 2.1 \PW00823 Task 2.1 Meeting Roster_ll.xlsx 79 Fresno Trail Network Expansion Feasibility Plan APPENDIX E Existing Conditions Maps 80 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY HERNDON #39 CANAL (HUGHES AVENUE TO FRUIT AVENUE) 1 OF 481 © 201 9 Mi c r o s of t C o r p o r a ti o n © 2 0 1 9 Di git al Gl o b e © C N E S ( 2 0 1 9) Di s t ri b u ti o n Ai r b u s D S © 2019 Microsoft Corporation © 20 1 9 D i g i t a l G l o b e © C N E S ( 2 0 1 9 ) D i s t r i b u t i o n A i r b u s D S PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY HERNDON #39 CANAL (HUGHES AVENUE TO FRUIT AVENUE) 2 OF 482 © 201 9 Mi c r o s of t C o r p o r a ti o n © 2 0 1 9 Di gi t al Gl o b e © C N E S ( 2 0 1 9) Di s t ri b u ti o n Ai r b u s D S © 201 9 Mi c r o s of t C o r p o r a ti o n © 2 0 1 9 Di gi t al Gl o b e © C N E S ( 2 0 1 9) Di s t ri b u ti o n Ai r b u s D S © 201 9 Mi c r o s of t C o r p o r a ti o n © 2 0 1 9 Di gi t al Gl o b e © C N E S ( 2 0 1 9) Di s t ri b u ti o n Ai r b u s D S © 201 9 Mi c r o s of t C o r p o r a ti o n © 2 0 1 9 Di gi t al Gl o b e © C N E S ( 2 0 1 9) Di s t ri b u ti o n Ai r b u s D S PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY HERNDON #39 CANAL (HUGHES AVENUE TO FRUIT AVENUE) 3 OF 483 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY HERNDON #39 CANAL (HUGHES AVENUE TO FRUIT AVENUE) 4 OF 484 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY KEARNEY BOULEVARD (WEST AVENUE TO FRESNO STREET) 1 OF 485 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY KEARNEY BOULEVARD (WEST AVENUE TO FRESNO STREET) 2 OF 486 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY KEARNEY BOULEVARD (WEST AVENUE TO FRESNO STREET) 3 OF 487 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY KEARNEY BOULEVARD (WEST AVENUE TO FRESNO STREET) 4 OF 488 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY 1 OF 3 THORNE AVENUE (CALIFORNIA AVENUE TO MERCED STREET) TO MERCED STREET (THORNE AVENUE TO B STREET)89 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY THORNE AVENUE (CALIFORNIA AVENUE TO MERCED STREET) TO MERCED STREET (THORNE AVENUE TO B STREET)2 OF 390 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY 3 OF 3 THORNE AVENUE (CALIFORNIA AVENUE TO MERCED STREET) TO MERCED STREET (THORNE AVENUE TO B STREET)91 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY EAST JENSEN/CHURCH (MARTIN LUTHER KING JR BOULEVARD TO ELM AVENUE) 1 OF 492 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY EAST JENSEN/CHURCH (MARTIN LUTHER KING JR BOULEVARD TO ELM AVENUE) 2 OF 493 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY EAST JENSEN/CHURCH (MARTIN LUTHER KING JR BOULEVARD TO ELM AVENUE) 3 OF 494 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY EAST JENSEN/CHURCH (MARTIN LUTHER KING JR BOULEVARD TO ELM AVENUE) 4 OF 495 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY WALNUT/ HINTON CONNECTOR (THORNE AVE TO EXISTING FAIRVIEW TRAIL) 1 OF 496 © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY WALNUT/ HINTON CONNECTOR (THORNE AVE TO EXISTING FAIRVIEW TRAIL) 2 OF 497 PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY WALNUT/ HINTON CONNECTOR (THORNE AVE TO EXISTING FAIRVIEW TRAIL) 3 OF 498 © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PROJECT NO. DATE REVISION BYNO.APVD REUSE OF DOCUMENTS ALL DRAWINGS ARE INSTRUMENTS OF PROFESSIONAL SERVICE FOR THIS PROJECT. REUSE OR ALTERATION IS AT THE USER'S SOLE RISK.DATE DRAWING NO. SHEET NO. FN-19105PROFESSIONAL CERTIFICATION I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED OR APPROVED BY ME, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF [STATE], LICENSE NO. __________, EXPIRATION DATE: ________________. 8484 GEORGIA AVENUE, SUITE 800 SILVER SPRING, MD 20910 PHONE: 301.927.1900 FAX: 301.927.2800 www.tooledesign.comCHK DSGN DR APVD CITY OF FRESNO TRAIL NETWORK EXPANSION FEASIBILITY STUDY WALNUT/ HINTON CONNECTOR (THORNE AVE TO EXISTING FAIRVIEW TRAIL) 4 OF 499 Fresno Trail Network Expansion Feasibility Plan APPENDIX F Trail Prioritization Analysis Output 100 Projects Other City Limits Sphere Of Influence Projects Other City Limits Sphere Of Influence Jacob Nigro | 2020.01, 21 | \\pdx-file01\PDX-Collab\Fresno\prioritization.qgz 101 12456789101112131415161718192021222324252627282930313233343536373839404142ABCDE FGHIJKLMNOPQRFresno Trail Network Expansion Feasibility PlanPrioritization OutputProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority69 Corridor AHerndon CanalN HughesN West2743.34 f t71 0 8%13 92.99 5 t280 Corridor BW KearneyS WestFresno St7080.65 f f70 0 13%18 99.67 093 Corridor CMerced StB StCalifornia5327.28 f f67.928 0 8%18 99.87 5 t95 Corridor CBelgraviaS WalnutHinton Park1325.58 f f64 0 20%18 100.00 480 Corridor D Fanning DitchW Florence S Plumas 4276.37 ft 59 0 21%8 100.09 5 t90 Corridor DS Plumas StE Belgravia California and Walnut2531.32 f f63 0 16%18 100.00 5 t283 Corridor DS WalnutBelmont Jensen3315.28 f f47 0 26%18 100.00 0104 Corridor E Fairview/ChurchBelgraviaS Lotus5644.40 f f67.345 0 17%18 99.90 4286 Corridor EE JensenS WalnutMartin Luther King Junior Blvd 2663.68 f f57 0 20%18 100.00 0287 Corridor EE JensenMartin Luther King JunS Lotus3612.33 f f61 0 18%18 99.69 01N Parkway DrSan Joaquin River Herndon3097.72 f f15 0 60%0 84.26 32San Joaquin RiverGolden State Fwy end5457.77 f f14 0 55%0 83.70 33Wheaton DitchN Grantland W Shields18622.52 f f31 0 97%0 77.00 35CanalN Grantland Proj 11, 177793.14 f t25 0 23%0 55.56 36N Grantland W McKinley W Belmont 5284.89 f f26 08 77.00 47N Grantland W Shields W McKinley5290.65 f f17 00 77.00 38N Grantland W Ashlan W Shields5291.55 f f32 0 100%0 77.00 39N GrantlandCanalW Ashlan3139.88 f f34 0 90%0 77.42 310W HerndonW of N Astoria N Parkway Dr4803.68 f f40 0 27%0 84.00 311?N BryanHerndon5746.43 f f28 0 32%0 84.00 5 t12N Riverside DrSan Joaquin River W Herndon 3011.12 f f31 0 46%0 84.00 314W Belmont N Grantland N Hayes 5281.28 f f21 08 77.00 416Herndon?N Riverside N Veterans5115.85f f t 28 0 18%0 79.70 5 t17CanalProj 5, 11N Parkway Drive5887.64 f t25 0 48%0 84.00 319RRSan Joaquin River Alluvial W3143.18 t f20 0 2%0 84.00 320Right of wayRiverbottom Park Westward5246.08 f f23 0 1%0 50.53 321Herndon?W Spruce N Riverside Dr5072.57 f f t 34 0 12%0 71.66 5 t23W GettysburgN HayesN Polk2596.53 f f53 5 32% 18 87.66 5 t26W Kearney S GarfieldS Grantland2638.91 f f17 013 93.00 027Belmont N HayesN Cornelia 5250.94 f f25 0 100%8 77.00 428CanalN Golden State Blvd N Golden State Hwy1688.68 f t15 0 53%0 84.00 329Right of wayW of Riverbottom ParkN Milburn 3420.14 f f 29 0 1% 0 50.00 330 N Jeanne N Polk N Milburne 4041.98 t f 44 0 8% 0 66.89 331 Herndon N Polk W Spaatz 4016.24 f f t 47 0 9% 0 58.69 5 t32 N Milburn Proj 29, 39 San Joaquin River3537.85 f f29 0 1%0 51.19 333N MilburnW Herndon N Milburn2010.28 f f33 0 11%0 55.00 334Canal Maintenance Road N Golden State Blvd N Gate 5136.16 f t45 0 31%8 75.00 335CanalN Cornelia W Belmont3775.13 f t25 08 84.02 4102 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority434445464748495051525354555657585960616263646566676869707172737475767778798081828336Right of wayN Cornelia N Golden State Boulevard 3207.71 f f44 0 23%13 94.99 337N Santa Fe N Milburn N Milburn 2953.86 t f39 0 11%0 55.00 339N of Alluvial N Milburn Proj 435242.77 f f29 0 8%0 50.00 340Belmont N Cornelia Proj 3543996.95 f f25 08 83.99 441CanalN Gates W Shaw2849.52 f t55 0 22%8 75.00 342CanalW Belmont N Brawley 3937.86 f t25 0 100%8 87.26 443Proj 30San Joaquin River2594.59 f f10 0 5%0 72.13 344N BrawleyN Golden State Blvd N Brawley/ W Shaw4511.90 f f57 0 16%13 94.20 345Herndon CanalW Figarden W Browning4286.64 t f42 0 8%0 53.43 347W HerndonN Valentine Marty 975.04 f f41 0 6%0 28.27 5 t48N of N Valentine Proj 43San Joaquin River4539.23 f f12 0 5%0 52.68 050Mortensen DitchN BrawleyN Marks7020.43 f t27 0 80%13 93.13 451San Joaquin River, N bank Proj 43Vanness6151.76 f f18 0 0%0 61.49 352Herndon CanalN MartyN Marks4562.66 f t67.151 0 3%13 94.07 5 t53Herndon CanalW Barstow W Shaw4103.03 t f64 0 4%8 50.37 355S MarksW Jensen W North5266.14 f f39 0 100%18 100.00 456S MarksW California W Jensen5280.81 f f42 0 92%18 100.00 458Dry Creek CanalW California W Kearney Blvd3728.65 f t37 0 67%18 100.00 459Mortensen DitchW NielsenS Hughes 3010.32 f t35 0 80%18 99.22 460Belmont N Marks N Hughes2547.42 f f48 0 81%18 99.00 461Herndon CanalN MarksN Hughes 3233.45f t58 0 1%13 93.07 362San Joaquin River VannessRiverbottom Rd4793.06 f f18 0 1%0 26.00 363W NorthS MarksS W 5181.89 f f35 0 100%18 99.98 467Herndon CanalN HughesW Ashlan6170.99 t f61 0 13%8 66.00 368Hawn DitchW Kearney Blvd S Teilman 6679.07 f t46 0 71%18 100.00 472Mortensen DitchS Hughes N Teilman 3985.88 f t59 0 77%18 100.00 473W Belmont N HughesBelmont Circle5795.66 f f60 0 47%18 99.00 474Riverbottom RdProj 62Proj 823397.05 f f25 0 0%0 26.00 375W FlorenceS WestS Fruit3074.55 f f t 54 0 24%8 112.04 5 t77Herndon CanalN Fruit N W 3081.06 f t68 0 15%8 86.97 5 t79W NorthS WestS Walnut 5282.07 f f30 0 96%8 100.09 482San Joaquin RiverProj 52Proj 922800.86f f18 0 6%0 63.86 083Mortensen Ditch N TeilmanN H St4537.09 f t66.957 0 38%18 100.00 484W FlorenceS FruitS Fruit 2634.64 f f46 0 24%8 100.27 485Herndon CanalW Ashlan Palm3964.70 t f63 0 39%8 66.00 386N West N Fruit N Palm 2867.84 f t56 0 34%0 74.00 5 t87W Alluvial W Alluvial Gravel Haul Rd1623.50 f f30 0 12%8 68.00 5 t88CanalW ShawE Holland 4411.48 f t52 0 53%0 55.00 389N HarrisonW Alluvial N Palm Bluffs 1219.65 f f34 0 14%8 68.00 5 t91CanalBelmont Proj 1003566.76 t f65.402 0 23%18 99.90 492Gravel Haul RdScout Island N Palm 2615.51 f f40 0 10%8 66.06 5 t103 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority8485868788899091929394959697989910010110210310410510610710810911011111211311411511611711811912012112212312494Bullard CanalW ParrN Harrison 133.80 f f55 0 16%8 66.75 5 t96W NorthS WalnutMartin Luther King Junior Blvd 2646.52 f f53 0 52%18 100.00 497CanalN Fulton St N H St3878.58 f t66.179 0 13%18 97.39 498CanalN Palm N James/Proj 1103810.38 f t33 0 33%0 69.27 5 t99Canal? RR??N Palm E Clinton6496.06 t f59 0 18%0 76.02 3100CanalProj 91E Stanislaus3015.06 t f71 0 12%18 100.00 4101Tuolumne StB StVan Ness3835.65 f f65 0 6%8 100.17 5 t102San Joaquin RiverGravel Haul Rd end3855.19 f f27 0 10%8 61.03 3103River W AccessSan Joaquin River N del Mar 556.08 f f11 0 26%0 60.00 0105Day Creek CanalN Fulton St3428.55 f t66.762 0 9%13 93.00 4106N Bond N Ingram N Blackstone3406.78 f f65.208 0 17%8 88.83 5 t108RR? + Weldon AveE ClintonE McKinley 4048.05 t f67 0 8%8 87.06 3109Fort Miller Middle School E California E Dakota 916.67 f f47 0 31%0 72.00 3110CanalN JamesE Shields3848.54 f t65.013 0 20%8 72.24 5 t111E Grove S Clara S Elm 1351.46 f f54 0 10%18 99.53 3112CanalE McKinley E Webster 3165.22 t f67.734 0 10%18 97.49 4113N Effie StE Hampton Way E Sussex Way331.01 f f49 0 21%0 89.00 3114Hwy 41Lewis S Eaton Bike TraiN Fort Washington Blvd 4367.93 f f 24 0 38% 0 58.29 3115 N Diana E Webster Divisadero St 5071.70 t f 67.539 0 7% 18 98.01 4116 E Shields N Blackstone N Fresno St 2877.39 f t 66.568 0 5% 13 91.40 3117 Dry Creek Canal N Fresno St N Abby St 4366.02 f t 64.819 0 11% 18 96.47 4119 Herndon N Blackstone Yosemite Fwy2306.24 f f64.43 0 17%18 97.00 3122West StDivisadero St Ventura 4052.16 t f64.236 0 10%18 99.00 4127Orchard StN Maraposa St E Fir699.44 f f27 0 14%8 62.00 3128N Friant RdN Fresno St E Audubon Dr1180.82 f f46 0 18%8 43.31 5 t129Dry Creek CanalN First StN Fresno St2467.84 f t66.374 0 13%18 97.00 5 t130E Shields N Fresno St N 1st St2626.42 ft 67 0 4%18 96.00 3131E Sierra N Callisch 92.46 f f40 0 5%0 57.75 0133S East StE California Ventura St5631.05 t f64 0 27%18 99.62 4134RR?S Orange S Golden State Blvd3260.78 t f39 0 80%18 100.00 4136E Shepherd Lewis S Eaton Bike TraiN Millbrook 3786.24 f f 47 0 8% 0 37.70 5 t138 S Sundland E California E Jensen Bypass 5912.97 t f 66 0 63% 18 100.00 4139 Herndon /E Frontage Rd N 1st St N 6th St1543.17 f f24 0 7%0 62.00 0140N Bond E Fir E Frontage Rd N677.97 f f17 0 7%0 62.00 0141N 4th StE SierraE Bullard2618.15 f f44 0 1%0 55.03 3142CanalN 1st StE Clinton4368.81 ft 67 0 2%8 80.03 5 t143Einstein ParkE DakotaE Garland 823.89 f f40 0 14%8 79.02 3145CanalE FountainCanal1597.57 f f51 0 1%8 79.42 3146N Millbrook E Olympic Drive N Callaway 1108.80 f f19 0 11%0 7.74 0147CanalE ClintonE McKinley2649.48 ft 53 0 7%8 85.04 5 t148E McKinleyN 1st StN Cedar 5274.43ft t 68.122 0 15%13 93.00 5 t104 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165150E Hampton WayN Tollhouse Road E Hampton Way422.18 f f49 0 9%8 82.00 3153E Jensen BypassS Orange S Jackson 4953.41 f f57 0 43%8 100.00 4154CanalN CedarN Millbrook 4223.55 f f69 0 8%8 79.00 3155S Golden State BlvdE JensenE North 7051.09 t f53 0 74%18 100.00 4157E Copper N CedarN John Albert 1945.22 f f31 0 4%0 7.00 5 t158E Bulldog LnN Millbrook N Cedar1941.59 f f48 0 8%0 83.00 3160CanalGranite Park N Cedar2594.06 f f69 0 16%13 91.02 3161Herndon N Milbrook N 11th St1902.72 f f35 0 4%0 43.00 0162Shaw + othersE BarstowMaple 5016.86 f f54 0 32%0 89.00 3163E BarstowN CedarN Maple 2612.46 f f41 0 21%0 88.95 5 t164Sierra Fwy CrossingE Princeton E Princeton 397.20 f f42 0 33%8 85.00 3165E JensenE Jensen Bypass S Willow 6194.71 f f62 0 27%18 98.61 4166Jackon Dr, San Ramon, CSU E BarstowProj 162, 1743022.73 f f52 0 38%0 89.00 3167E McKenzieW of N Jackson N Maple294.89 f f42 0 4%18 96.00 0168E CaliforniaS CedarS Chestnut5319.91 t f64.625 0 18%8 63.21 4169E McKinleyN CedarN Chestnut5321.80 ft 68.317 0 30%18 98.00 5 t170N Maple E BullardE Barstow2638.99 f f26 0 52%0 89.00 3171N Maple E SierraE Bullard2653.39 f f28 0 19%0 88.59 3172CanalE Ashlan E Gettysburg3235.54 f f60 0 15%8 83.25 3173RR?S MapleS Dearing2556.15 t f26 0 95%8 100.00 4174Canal ?Maple N Chestnut2931.45 f f56 0 36%0 89.00 5 t176CanalN Hayston N Winery 5591.89 f t70 0 22%13 91.00 3177E Copper N Chestnut N Willow 3176.30 f f32 0 12%0 7.00 5 t179S DearlingE JensenE North 5268.27 t t39 0 40%18 100.00 4180E Herndon E of N Chestnut N Willow1323.76 f f18 0 15%0 44.00 3181CanalN MapleProj 1744432.15 f t38 0 28%0 89.00 5 t182CanalE Gettysburg W Shaw3625.01 f f48 0 13%8 75.34 3183CanalS DearingFoothill Prvt4909.87 f t60 0 33%18 97.20 5 t184W BarstowW of N Chestnut Willow 5651.27 f f37 0 56%0 89.00 5 t185N Willow N Friant Rd E Silaxo Rd3784.50 f f18 00 7.00 3186N Willow E Silaxo Road E Copper 5761.85 f f24 0 45%0 7.00 3187N Willow E AlluvialHerndon2665.58 f f25 0 17%0 44.00 5 t191Willow Herndon Fresno State Farm4145.87 f f37 0 21%0 44.01 5 t192E JensenS WillowS Peach 2640.17 f f56 0 33%18 97.00 4193E CaliforniaS ChestnutS Peach 5286.32 t f64 0 12%13 94.81 4195E McKinley (N side)N Chestnut N Peach5272.30 ft 64 0 33%8 80.03 5 t196CanalFoothill Prvt S Waldby3356.99 f t57 0 22%18 97.00 5 t198E HuntingtonTrolley Creek Park S Peach 1078.54 f f44 0 19%13 91.00 4199CanalE JensenE North 5788.34 f t35 0 21%18 98.53 4201CanalS Minnewawa Canal850.44 f t41 0 11%18 97.00 5 t202Sunnyside High SchoolE Kings Canyon Rd E Butler3941.05 f f49 0 25%8 63.09 5 t105 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206203CanalE ChurchE Jensen3257.97 f t43 0 17%18 97.00 4204E Peach/E Shields W DakotaS Clovis 6743.07 f f37 0 67%0 60.00 5 t205E JensenCanalS Clovis3392.80 f f41 0 16%18 97.00 4206Braley CanalS PeahS Clovis 5424.38 t f27 0 17%8 63.79 4207E McKinley (N side)E ClintonS Clovis5302.58 ft 53 0 50%18 98.93 5 t209S Fancher DrE Kings Canyon Rd E Butler5915.18 f t47 0 34%8 63.14 5 t211S Clovis E McKinley Sequoia Kings Canyon Fwy 4412.44 t f30 0 58%8 74.92 5 t212S Clovis Sequoia Kings Canyon Proj 2182881.21 f f45 0 30%8 82.52 5 t213Old Town TrailE ShieldsE McKinley5280.73 ft 60 0 79%8 65.94 5 t214Fancher E TulareE Kings Canyon Rd5243.94 f t t 67 0 17%0 90.11 5 t215S Clovis E JensenE North 5476.52 f f26 0 12%8 85.75 4216S Clovis Fresno County Bridal TE Jensen 5182.33 f f 34 0 13% 8 72.00 4217 S Clovis E Kings Canyon Rd Braley Canal 4942.65 f f 65 0 22% 8 72.00 4218 S Clovis Project 212 E Kings Canyon Rd 3308.03 f f 64.042 0 22% 8 89.93 5 t219 Old Town Trail Fedora E Shields 1523.11 f t t 42 0 78% 0 60.00 5 t220 E Jensen S Clovis S Sunnyside 2598.63 f f 21 0 13% 8 72.13 4221 Fresno County Bridal Trail S Clovis S Fowler 5241.51 t f 30 0 21% 8 71.59 4222 E McKinley S Clovis N Fowler 5295.40 f t28 0 78%8 65.99 4223N Sunnyside N of McKinley E Belmont 6507.50 f t23 0 39%8 66.00 4225Fancher Creek CanalN Claremont N Fowler 3596.18 f t t 39 0 9%0 80.19 4226E JensenS FowlerS Temperance 5276.26 f f29 0 17%0 76.98 4227Fresno County Bridal Trail S FowlerS Temperance 5283.20 t f16 0 39%0 77.00 4228Fancher Creek CanalN FowlerN Temperance 5835.26 f t30 0 13%0 68.09 4229CanalN Fowler N Temperance 5670.32 f t29 0 92%0 66.00 4230CanalS Armstrong S Temperance 4825.04 f t26 013 93.21 4231CanalSan Joaquin River S Temperance 4028.52 f t19 0 16%0 69.98 4232N Temperance E SaginawE Fender1821.15 f f21 0 19%0 66.00 3233S Temperance E ChurchE Jensen4239.50 f f33 0 100%8 77.00 4234S Temperance E Hamilton E Jensen3974.97 f f29 0 56%0 77.00 4235S Temperance SR 99N of Thiele 4220.25 f f20 0 31%0 75.05 4236N TemperanceBelmont Sequoia Kings Canyon Fwy 3957.36 f f21 0 27%0 68.00 4237N Temperance E ClintonBelmont7813.89 f f36 0 67%0 66.00 4238N TemperanceE ShieldsE Clinton2646.05 f f35 0 34%0 66.00 3239Fancher Creek CanalN Temperance Belmont2323.90 f t15 0 58%0 68.00 4240CanalS Temperance Canal6340.98 f t13 0 22%0 77.00 4241CanalS Temperance E Jensen4129.37 f t24 08 31.13 4242S JensenS Temperance S De Wolf5293.18 f f26 00 31.10 4243Fresno County Bridal Trail S Temperance Canal3337.86 t f16 0 63%0 77.00 4244S GarfieldN Grantland W Kearney Blvd2204.56 f f13 0 92%0 31.00 3245CanalN Temperance DeWolf 6597.89 f t27 0 92%0 31.19 3246N LocanFancher Creek E Belmont1553.45 f f11 0 100%0 31.10 4106 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247247S WalnutBelmont E Jensen5175.61 f f13 0 97%0 31.00 4248Fancher Creek CanalBelmont Proj 2605183.19 f t23 0 100%0 31.04 4249Fancher Creek CanalCanalE Jensen5803.92 f t17 00 52.17 4250CanalCanalS De Wolf5646.00 f t24 0 92%0 31.00 3251N Locan N Leonard 5773.58 f t17 0 27%0 34.72 4252Redbank SloughDog CreekN Leonard 3209.87 f f18 00 31.00 3253Dog CreekDitch? Fancher Creek Redbank Slough3560.50 f f18 00 31.00 3254CanalDeWolf N Highland6736.47 f t13 00 31.00 4255E JensenS De WolfS Highland5311.13 f f16 00 31.00 4256Fresno County Bridal Trail CanalS Highland7275.12 t f18 00 43.51 4257N Leonard N Golflinks890.62 f f12 00 31.00 4258N Leonard E Olive E Belmont2643.36 f f18 00 31.00 4259N Leonard E McKinley E Olive 2649.53 f f18 00 31.00 4260CanalN De Wolf E Olive 6555.73 f t17 00 31.00 4261Redbank SloughN Leonard Canal5568.50 f f15 00 30.95 3262CanalN Leonard Proj 261, 2635329.47 f t15 00 24.34 3263CanalProj 261Proj 2642984.01 f t19 00 23.19 3264CanalProj 262M McCall 4206.04 f t15 00 27.49 3265N Garfield N Parkway Dr W Bullard 5280.60 f f17 0 41%0 84.00 0266N Garfield N Bullard W Shaw5255.45 f f24 0 17%0 84.00 0267N Garfield W Shaw Ashlan/Wheaton Ditch5250.33 f f26 0 14%0 80.43 0268N Garfield W Ashlan/Wheaton DitW Shields 5291.80 f f 15 0 100% 0 77.00 0269 Garfield 5273.78 f f 13 0 0 77.00 0270 N Garfield W McKinley W Belmont 5323.87 f f 21 0 8 77.00 0271 N Garfield W Belmont W Whitesbridge 5303.84 f f 13 0 8 88.89 0272 S Garfield W Kearney Blvd W Whitesbridge 2637.10 f t 17 0 13 93.00 0273 W Jensen S Hayes S Cornelia 4867.50 f f 28 0 13 93.00 0274 W Jensen S Cornelia S Blythe 5418.45 f f 28 0 13 93.00 0275 W Jensen S Brawly S Marks 5262.34 f f 30 0 100% 13 93.16 0276 S Brawley W Kearney Blvd W Jensen6449.24 f f36 013 93.00 0277S BrawleyW Whitesbridge W Kearney Blvd3985.97 f t41 0 100%13 93.00 0279W Kearney BlvdS Hughes S West 2621.53 f f38 0 52%18 100.00 0281N BrawleyW Nielsen W Whitesbridge 2613.19f f27 0 100%13 93.00 0282Fanning DitchW Florence W Jensen4679.91 f t t 54 0 59%18 100.00 0285W JensenProj 282S Walnut 6566.87 f f31 0 52%8 100.41 0288E FlorenceS FairviewMartin Luther King Junior Blvd 1340.60 f f69 0 11%18 100.00 0289W NorthMLKS Elm 2646.53 f f52 0 43%18 100.00 0290CanalS Elm E Chester4933.64 f f58 0 25%18 100.00 0291CanalS Lotus S Elm 4180.38 f f61 0 21%18 99.67 0292E CaliforniaS EastS Cedar5384.02 t f62 0 37%8 101.68 0293Sequoia Kings Canyon Hwy S ClovisFowler Park and Park4920.53 f f25 0 28%8 66.00 0107 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288294E Belmont Fowler Park and Ride E of Armstrong 4274.08 f f21 0 19%0 66.30 0295?Proj 294N Temperance 3993.42 f f10 0 21%0 68.00 0296E Kings Canyon RdS Temperance S Locan 2776.68 f f13 0 17%0 69.51 0297E Kings Canyon RdS Locan S De Wolf2657.40 f f20 0 100%0 77.00 0299E Floradora N ThestaN Millbrook 5916.87 t f65.985 0 14%13 95.20 0300W ShawN BrawleyN Marty/Proj 52, 3332258.07 f f59 0 4%13 94.00 0301W Roberts W Roberts N Salinas 1174.74 f f24 0 14%0 75.00 0302N Parkway DrN Garfield N Grantland 3483.20 f f19 0 58%0 84.00 0303N Weber AveSan Joaquin River W Spruce 3825.38 f f19 0 61%0 84.00 0304N Josephine/W SpruceN Weber N Riverside Dr3144.56 f f24 0 52%0 84.00 0306W Bullard N Garfield N Grantland 2649.05 f f27 0 16%0 84.00 0307N Grantland W San Madele N Parkway Drive5935.85 f f40 0 27%0 84.00 0308N Grantland W San Madele Deran Koligian Stadium 5758.53 f f31 0 32%0 82.82 0309W Acacia/CanalN BryanCanal/Proj 92360.16 f f18 0 92%0 84.00 0310Wheaton DitchN BryanN Hayes2180.62 f f15 0 55%0 84.00 0311W ShawW Shaw W Gettysburg3013.75 f f13 0 42%0 84.00 0312N Hayes W Gettysburg W Dakota5280.70 f f43 0 37%0 77.00 0313W Dakota N Grantland N Hayes 5166.20 f f36 0 43%0 77.00 0315N Hayes W Clinton W Olive5558.17 f f21 0 2%0 77.00 0316N Hayes W Belmont W Olive3003.47 f f19 0 23%8 77.00 0317N Hayes N Grantland W Madison 7950.38 f f22 08 89.99 0318S HayesW Madison W Jensen7898.70 f f24 013 93.00 0319River AccessSan Joaquin River Boy Scout Road4039.37 f f15 0 0%0 26.00 0320?E BullardE Barstow 2650.51 f f37 0 1%0 77.08 0321E Sierra N CedarN Chestnut 7692.40 f f32 0 8%0 54.06 3322Yosemite Fwy CrossingE Annandale E Annandale618.15 f f35 0 52%18 99.21 0323E Nevada (crossing of Hwy 41)N AngusE Nevada374.99 f f64 0 2%18 97.82 0324Sierra Fwy CrossingN Barton E Weldon 425.59 f f41 0 36%8 90.00 0325Canal Maintenance Road Temperance N Locan2708.06 f t17 0 27%0 36.52 0326Canal Maintenance Road Fowler N Armstrong3666.69 f t27 0 19%0 43.70 0327E Audubon DriveLewis S Eaton Bike TraiFresno Clovis Rail Trail 1610.11 f f 36 0 15% 8 37.91 0328 N Fort Washington Road Yosemite Rd Lewis S Eaton Bike Trail 2570.81 f f 24 0 18% 0 60.00 0329 N Friant Rd Lewis S Eaton Bike TraiE Copper 283.48 f f30 0 12%0 7.00 5 t330N Friant RdE Copper River Old Friant Rd6041.91 f f18 0 5%0 7.00 0331N Friant RdOld Friant Rd E Birkhead 5137.17 f f12 0 0%0 7.00 0332E la Quinta DriveN Millbrook N Ponderosa Dr104.77 f f7 0 0%0 12.00 0333Pond LoopN MartyN Valentine2219.73 f f47 0 4%13 94.00 0334N WesleyBelmont Circle N Thorne 1066.03 f f52 0 38%18 99.00 0335ConnectorZooN Motel Drive122.90 f f37 0 29%18 99.00 0336Mortensen DitchW NielsonS Teilman 2809.95 f t65.791 0 71%18 100.00 0337Sequoia Kings Canyon crossing E Harvey N Garden 462.50 f f63 0 25%13 92.00 0108 4ABCDE FGHIJKLMNOPQRProject IDSelected CorridorSegment NameStart name End Name Project length in feetRail adjacent?Canal adjacent? FundedTOTAL SCORE A1 ScoreA1 % of no sidewalkA1 No of ADA Compliant A1 Number of barriers addressA2 TOTALA2 Weighted CalEnviro 3.0 Score %ileA3 TOTALA3 High priority289290291292293294295296297298299300301302303304305306307308309310311312313314315316317338W Weldon N Weber W Cambridge459.58 f f46 0 24%8 90.00 0339W San Jose ConnectorW San Jose W San Jose42.20 f f25 0 34%0 77.00 0340W San JoseN Colonial 80.72 f f36 0 46%0 59.00 0341W Spruce N Harrison N Palm Bluffs259.60 f f50 0 17%8 68.00 0342W Atlanta N RubertN Warren 1412.31 f f25 0 9%0 26.00 5 t343N ForknerW Herndon W Warner110.20 f f22 0 11%0 23.16 5 t344N Van NessW Herndon W Magill499.62 f f20 0 17%0 23.40 5 t345W Atlanta N PleasantN Van Ness1056.66 f f22 0 11%0 26.00 5 t346N Bond N Fresno St N 1st St2229.60 f f29 0 13%8 62.00 3347E BarstowN Millbrook N Cedar1994.41 f f34 0 4%0 83.00 0348W Sierra W Menlo N Polk1793.29 f f28 0 6%0 68.25 0349S Fruit TBDTBD12.84 f f24 0 37%18 100.00 0350N Hayes W DakotaW Clinton 6245.50 f f41 0 33%0 77.00 0351W JensenS MarksProj 282, 2853748.42 f f30 0 100%18 100.00 0352G StTuolumneMariposa St1481.68 f f57 0 10%8 100.00 5 t353N Hayes W Herndon N Veterans 1694.96 f f25 0 12%0 70.01 3354W Belmont Proj 42N Marks 6362.71 f f28 0 96%13 92.23 4355S Hughes W Kearney Blvd2597.44 f f38 0 60%18 100.00 0356E Floradora N Millbrook Sierra Fwy4152.68 t f70 0 23%13 94.89 0357E Floradora Sierra FwyN Chestnut 4222.71 t f65.596 0 29%18 98.00 0358E McKinley (S side)N Chestnut N Peach5311.39 t t t 57 0 34%8 80.10 0359E McKinley (S side)E ClintonS Clovis5354.24 t t t 52 0 48%18 98.50 0360E Aircorp WayE Clinton E McKinley2639.56 f f t 47 0 79%8 60.99 5 t361Herndon CanalW ShawN Hughes2178.29 f f56 0 4%8 65.56 3362RR ?E of Hwy 41 Hwy 995937.50 t f41 0 69%18 98.90 4363SR 99N Riverside Dr6785.20 f f15 0 50%0 84.00 3364N Bond N Blackstone N Valeria6078.54 f f27 0 69%13 93.02 0365E Kings Canyon RdS De WolfS Highland5360.86 f t20 00 30.96 0367N HughesN HughesN Hughes166.06 f f35 0 2%13 93.00 0109 12456789101112131415161718192021222324252627282930313233343536373839404142ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 milet 0 0.131 3215 24 4 24 4 0.51 9.09 2.08 0000 0.205 3315 35 4 52 4 43.01 85.90 1.89 413tt 0 0.207 2115 26 4 52 4 1.57 34.07 3.51 415tt 0 0.165 0015 24 4 23 4 8.64 32.84 4.72 412tt 0 0.169 329 03 4 24 4 15.89 59.37 13.25 302tt 0 0.168 2115 22 4 31 4 3.74 31.77 4.33 4120 0.152 0012 13 4 20 4 7.23 51.19 4.24 411tt 0 0.189 3315 35 4 39 4 16.40 29.66 3.91 4120 0.196 2112 12 4 22 4 2.99 51.26 2.74 0000 0.214 3212 12 4 26 4 6.20 41.96 1.88 000t 0 0.006 00004 13.82 42.58 27.42 303t 0 0.002 00004 42.59 93.27 42.85 000t 0 0.024 3212 13 04 19.11 19.11 0.22 400t 0 0.015 216 01 04 21.38 22.45 1.29 400tt 0 0.016 00002 0.00 2.46 0.60 400t 0 0.035 00002 0.00 1.51 0.00 400t 0 0.040 3212 12 02 0.00 18.83 0.00 400t 0 0.025 3212 13 04 0.00 0.00 0.55 400t 0 0.008 3215 23 04 2.76 65.08 16.53 466t 0 0.017 339 02 02 0.00 1.22 1.13 400t 0 0.005 219 02 04 57.03 120.76 25.49 436tt 0 0.016 00000 0.00 0.00 1.63 400t 0 0.014 339 03 04 0.32 1.07 1.28 000t 0 0.042 0004 8 4 2.60 18.40 1.15 303t 0 0.000 21004 86.18 156.82 23.64 000t 0 0.002 00004 121.17 282.33 16.76 400t 0 0.011 3212 13 02 0.00 4.80 6.58 302t 0 0.023 3312 11 4 10 4 16.60 46.08 0.31 3010 0.041 00000 0.00 0.00 54.10 301tt 0 0.028 00004 0.00 0.00 0.92 400t 0 0.065 0004 7 4 2.60 15.29 0.37 304t 0 0.005 006 01 4 1 4 101.38 194.88 8.88 000t 0 0.012 326 01 4 4 2 0.00 7.20 4.12 466t 0 0.010 336 01 4 7 4 0.39 14.56 5.55 466t 0 0.009 006 01 4 1 4 107.64 192.74 9.90 000t 0 0.014 3204 6 2 0.00 0.91 2.62 466t 0 0.062 216 01 4 9 4 25.81 30.87 0.27 307tt 0 0.046 00004 17.51 17.51 0.51 400110 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile4344454647484950515253545556575859606162636465666768697071727374757677787980818283t 0 0.078 0004 13 4 17.51 23.13 1.59 304t 0 0.020 336 01 4 2 4 8.58 11.58 1.17 428t 0 0.011 006 01 4 7 4 26.39 90.63 8.11 000tt 0 0.046 00004 17.51 17.51 0.68 400t 0 0.080 2112 11 4 11 2 0.00 22.10 1.04 468tt 0 0.060 00004 17.51 17.51 1.84 400t 0 0.020 00004 4.69 7.95 10.14 000t 0 0.104 216 01 4 9 4 0.63 21.94 2.15 469t 0 0.029 2112 11 04 25.76 49.76 0.93 302t 0 0.005 2112 11 4 6 4 5.18 15.46 4.65 4000 0.015 00004 4.68 7.95 12.04 000tt 0 0.052 32002 0.00 22.52 8.77 000t 0 0.004 00004 85.35 90.61 19.39 400t 0 0.123 3212 11 4 36 4 28.30 28.30 2.95 436t 0 0.080 326 01 4 25 4 26.08 45.29 1.84 302tt 0 0.151 00004 10.30 17.45 192.98 400tt 0 0.129 32004 9.75 10.30 120.98 400tt 0 0.093 3204 3 4 0.04 18.83 23.27 000tt 0 0.051 32002 0.00 0.22 11.55 301tt 0 0.033 2104 2 4 21.25 22.78 18.91 308t 0 0.109 3215 34 4 32 4 11.54 17.59 2.73 000t 0 0.012 00004 63.25 91.52 22.64 400tt 0 0.155 00004 58.83 95.76 163.93 400t 0 0.141 329 03 4 39 2 0.00 25.43 1.57 303tt 0 0.086 219 02 4 5 4 50.90 94.39 2.44 000tt 0 0.045 2115 22 04 15.77 35.52 12.06 304tt 0 0.097 0004 25 4 94.56 151.61 14.36 41017t 0 0.024 006 01 04 0.05 1.28 11.59 400tt 0 0.161 219 03 4 21 4 24.99 60.73 15.08 302t 0 0.147 3312 12 4 26 4 13.28 24.10 1.36 412tt 0 0.162 00004 17.66 69.70 25.26 4000 0.029 006 01 04 0.37 4.26 11.75 000tt 0 0.207 2115 22 4 30 4 17.14 32.63 4.61 303tt 0 0.163 0015 22 4 22 4 19.00 39.48 9.29 412t 0 0.167 329 02 4 28 4 16.03 27.28 0.53 302t 0 0.172 3212 12 4 22 4 20.42 24.28 0.55 413t 0 0.042 006 01 4 2 4 0.47 4.26 11.92 000t 0 0.035 0015 44 4 37 4 4.32 4.32 0.04 435t 0 0.040 006 01 4 6 4 0.00 4.26 9.45 000tt 0 0.209 006 01 4 37 4 15.49 70.62 3.47 307t 0 0.063 3204 4 4 3.89 13.26 20.99 000111 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile848586878889909192939495969798991001011021031041051061071081091101111121131141151161171181191201211221231240 0.054 006 01 4 15 2 0.00 5.09 0.03 301tt 0 0.164 009 02 4 6 2 0.00 4.88 2.38 400tt 0 0.206 219 04 4 60 4 0.11 11.57 1.01 301t 0 0.142 216 01 4 23 4 6.58 15.84 0.20 301t 0 0.133 339 02 4 60 4 6.85 19.99 1.03 303tt 0 0.356 0012 14 4 57 4 0.87 9.59 1.64 4138tt 0 0.346 3215 39 4 76 4 1.71 16.37 1.46 42054t 0 0.035 0004 3 4 5.87 7.86 40.14 0000 0.025 00004 3.61 50.25 76.05 000tt 0 0.178 3315 24 4 67 4 4.28 8.87 0.55 302t 0 0.045 2115 23 4 22 4 14.03 14.03 0.05 412t 0 0.119 2112 13 4 47 2 0.00 7.28 2.28 426t 0 0.207 0012 13 4 27 2 0.00 1.17 0.63 418t 0 0.150 2115 22 4 34 2 0.00 4.98 1.21 479t 0 0.208 2112 13 4 22 4 16.12 16.27 2.98 000tt 0 0.189 2112 17 4 46 4 3.15 5.47 1.65 413t 0 0.235 009 02 4 25 4 1.17 5.20 1.15 435t 0 0.033 2104 1 4 144.21 304.22 62.87 415tt 0 0.261 3215 310 4 93 4 4.87 16.74 0.71 4315t 0 0.155 2112 12 4 39 4 7.53 13.55 1.89 468tt 0 0.215 0015 28 4 40 4 3.15 7.42 1.43 413t 0 0.034 0012 12 4 18 4 1.47 24.89 0.53 301tt 0 0.299 3212 16 4 77 4 8.29 21.66 0.63 41022t 0 0.033 0004 17 4 19.97 25.05 1.39 000t 0 0.040 3304 4 4 32.85 155.35 29.68 444tt 0 0.254 2115 25 4 29 2 0.00 10.16 1.76 412t 0 0.166 3212 14 4 34 4 8.48 10.19 1.73 3060 0.039 0012 12 4 14 2 0.00 11.24 0.01 000tt 0 0.215 2104 39 4 5.84 12.09 0.77 4113tt 0 0.149 0004 2 4 0.64 26.31 2.83 000t 0 0.032 339 02 4 9 4 66.19 238.37 9.36 306tt 0 0.173 3204 7 2 0.00 0.07 1.53 3030 0.073 0004 15 2 0.00 14.72 0.88 0000 0.059 006 01 4 17 2 0.00 16.37 1.23 000t 0 0.043 2112 13 4 13 4 9.47 13.39 1.24 434t 0 0.147 3215 45 4 31 2 0.00 9.80 0.92 424t 0 0.147 219 04 4 18 4 12.00 12.00 1.41 301t 0 0.141 3215 24 4 24 2 0.00 12.00 1.29 3030 0.074 216 01 04 0.37 11.62 10.09 400t 0 0.166 009 05 4 15 4 8.88 12.11 1.01 423tt 0 0.213 3212 15 4 29 4 12.11 18.15 1.51 303112 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165t 0 0.132 219 03 4 15 2 0.00 16.48 1.51 413tt 0 0.075 0012 11 4 22 2 0.00 1.98 2.39 302t 0 0.146 3215 46 4 24 4 5.34 18.28 1.02 447tt 0 0.106 0004 15 4 7.00 16.01 2.25 303t 0 0.010 3212 11 04 36.04 39.53 8.86 000t 0 0.200 3212 11 4 24 4 2.32 15.76 1.80 435t 0 0.139 3215 23 4 21 4 21.00 34.46 0.80 4340 0.138 216 01 4 19 4 0.85 12.46 0.48 433t 0 0.203 2112 12 4 26 2 0.00 2.06 1.66 469t 0 0.178 326 01 4 16 2 0.00 0.01 1.89 436t 0 0.126 009 02 4 25 4 0.00 0.00 0.43 304tt 0 0.031 219 03 4 21 4 4.29 39.89 0.74 000t 0 0.216 0012 11 4 19 2 0.00 0.00 1.46 4270 0.110 009 03 4 21 4 0.00 0.00 0.00 000tt 0 0.195 2115 23 4 30 4 31.64 81.09 1.61 303tt 0 0.180 3412 16 4 26 4 9.81 28.52 1.31 414t 0 0.146 216 01 4 5 4 0.00 0.00 0.01 414t 0 0.068 216 01 4 3 2 0.00 4.27 0.99 000t 0 0.157 3212 11 4 12 4 30.04 48.40 0.70 301tt 0 0.035 0004 11 4 8.94 16.01 0.99 400t 0 0.214 2112 11 4 15 2 0.00 3.81 1.48 426t 0 0.102 3312 13 4 20 4 41.20 56.45 0.24 414t 0 0.016 219 02 02 0.00 0.14 17.45 302tt 0 0.016 006 01 4 17 2 0.00 9.25 0.03 000t 0 0.029 21002 0.00 0.06 1.58 499t 0 0.194 216 01 4 9 0 0.00 0.00 1.25 426t 0 0.157 216 01 4 17 4 7.88 19.89 1.17 302tt 0 0.016 2112 14 4 6 4 13.36 66.73 0.00 000t 0 0.088 2104 2 2 0.00 6.10 2.75 411t 0 0.002 21000 0.00 0.00 116.13 400t 0 0.012 329 02 00 0.00 0.00 52.47 301t 0 0.050 21002 0.00 17.57 2.25 4813t 0 0.029 21004 14.40 14.45 1.15 479tt 0 0.013 219 02 04 27.30 32.23 0.00 400tt 0 0.197 219 02 4 17 4 5.11 61.47 0.87 000tt 0 0.145 3512 15 4 21 4 12.87 23.54 1.40 447tt 0 0.017 3215 23 04 20.50 49.55 0.07 400tt 0 0.155 219 04 4 23 4 12.49 13.62 1.75 415tt 0 0.020 00004 16.91 35.84 0.00 400tt 0 0.017 006 01 04 0.45 14.34 0.08 000tt 0 0.084 2115 22 4 8 4 4.27 7.50 1.30 303113 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206tt 0 0.018 216 01 04 2.24 38.94 0.00 400t 0 0.059 2112 11 4 5 4 84.99 122.79 3.80 000tt 0 0.013 006 01 04 0.70 24.75 0.00 400tt 0 0.031 21002 0.00 44.02 0.45 303tt 0 0.113 336 01 4 8 4 2.92 33.31 1.42 422tt 0 0.065 006 01 4 7 4 2.27 9.95 0.50 428tt 0 0.078 0004 4 4 10.99 52.64 0.79 000tt 0 0.105 216 01 4 13 2 0.00 18.86 0.16 4110 0.055 3212 11 4 4 4 49.00 96.10 3.25 000tt 0 0.102 3212 12 4 17 4 11.87 23.58 0.16 427tt 0 0.009 00002 0.00 0.49 0.00 000tt 0 0.008 32004 17.38 17.65 0.16 303tt 0 0.100 0012 11 4 10 4 8.23 23.68 0.34 469tt 0 0.118 0012 11 4 16 4 7.70 8.71 0.14 468t 0 0.038 2112 11 4 7 4 15.44 55.84 4.18 302tt 0 0.004 00004 0.75 15.82 0.00 000tt 0 0.004 21004 22.95 47.61 0.22 423tt 0 0.041 00004 27.44 54.96 2.74 400tt 0 0.009 21004 19.55 79.82 1.56 000tt 0 0.067 3212 12 4 2 4 14.05 30.69 0.04 301tt 0 0.002 0012 11 04 3.29 22.25 0.00 000tt 0 0.000 00004 30.93 30.93 0.00 000tt 0 0.041 2112 11 02 0.00 17.61 0.08 301tt 0 0.012 0012 12 04 21.66 50.26 4.27 400tt 0 0.019 00004 0.00 0.00 0.00 000tt 0 0.009 006 01 04 2.00 2.34 0.03 000t 0 0.011 006 01 04 1.61 3.41 1.68 000tt 0 0.007 006 01 02 0.00 1.57 0.00 400tt 0 0.002 216 01 04 0.46 0.48 0.00 400tt 0 0.005 32004 0.95 2.82 0.00 000tt 0 0.013 21002 0.00 2.34 0.32 411tt 0 0.014 2115 23 02 0.00 27.78 2.04 411t 0 0.013 2115 22 04 0.14 14.93 3.60 000tt 0 0.016 21004 0.00 0.00 0.18 411tt 0 0.003 00004 0.44 2.34 0.00 000tt 0 0.037 00004 0.00 0.00 0.00 400tt 0 0.034 006 01 04 0.00 0.00 0.00 400tt 0 0.000 00002 0.00 0.48 0.00 400t 0 0.018 006 01 04 106.11 186.86 0.01 000t 0 0.016 0012 12 04 128.25 282.77 2.02 301tt 0 0.017 21004 0.00 0.00 0.00 000114 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247tt 0 0.017 00004 64.13 155.50 0.00 000tt 0 0.016 21004 0.00 0.00 0.23 411tt 0 0.014 00004 0.00 0.00 0.00 400t 0 0.017 0012 12 04 187.62 277.78 0.86 000tt 0 0.008 00004 1.10 1.30 0.00 301t 0 0.018 00004 50.70 190.29 0.00 301t 0 0.012 00004 16.18 71.34 0.00 301tt 0 0.018 00004 100.78 245.08 0.00 000tt 0 0.247 00004 0.00 0.00 0.00 400tt 0 0.019 00004 0.00 0.00 0.00 400tt 0 0.018 00004 0.00 0.00 0.00 400tt 0 0.018 21004 0.00 0.00 0.00 400tt 0 0.018 00002 0.00 46.15 0.00 400tt 0 0.017 00004 0.00 0.00 0.00 400t 0 0.020 00004 12.39 56.45 0.00 000t 0 0.017 00004 0.00 0.00 0.00 000t 0 0.020 00004 0.00 0.00 0.00 400t 0 0.017 00004 0.00 0.00 0.00 4000 0.012 006 01 02 0.00 7.65 9.87 3030 0.015 2112 12 04 2.30 21.38 1.28 0000 0.013 0012 11 02 0.00 1.54 0.75 4000 0.000 00004 19.11 19.11 0.00 4000 0.000 00002 0.00 15.81 0.00 4000 0.003 00004 0.00 0.00 0.60 4000 0.023 00000 0.00 0.00 10.00 0000 0.040 00000 0.00 0.00 54.10 3010 0.076 00000 0.00 0.00 54.10 4000 0.085 00000 0.00 0.00 54.10 4000 0.126 00004 9.63 10.30 161.36 4000 0.081 006 01 04 10.54 25.80 54.10 4000 0.057 0012 11 04 2.71 23.99 54.10 4000 0.171 219 02 4 9 4 47.22 80.86 2.44 0000 0.049 006 01 00 0.00 0.00 12.66 4000 0.189 006 01 4 2 4 17.86 78.21 201.39 4000 0.147 006 01 4 7 4 36.00 90.68 33.84 0000 0.196 2115 34 4 26 4 8.62 23.90 4.53 4230 0.172 2112 12 4 9 2 0.00 20.16 2.24 4000 0.237 2115 23 4 24 4 19.24 43.10 1.92 0000 0.245 3212 12 4 22 4 12.32 34.84 1.94 0000 0.167 3212 12 4 17 4 10.55 43.95 1.41 3020 0.043 0004 4 4 33.30 45.91 0.68 000115 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile2482492502512522532542552562572582592602612622632642652662672682692702712722732742752762772782792802812822832842852862872880 0.011 346 01 04 19.29 32.36 1.03 3010 0.013 00002 0.00 1.83 0.45 3010 0.008 00004 0.51 2.34 0.00 0000 0.010 00004 0.00 0.00 0.00 4000 0.222 2115 35 4 42 4 10.01 15.55 1.69 4120 0.088 326 01 4 16 4 13.90 21.94 2.13 4580 0.056 006 01 04 26.25 26.25 0.00 3020 0.010 006 01 04 6.53 16.32 13.90 4360 0.004 00004 42.46 42.58 33.60 3030 0.005 006 01 04 26.03 80.69 28.22 3060 0.015 326 01 04 0.89 21.84 1.29 0000 0.014 3312 11 04 27.73 37.45 3.33 4160 0.018 2112 14 04 13.98 21.57 1.00 4000 0.020 009 02 04 0.86 12.84 0.94 4000 0.034 006 01 4 3 4 10.19 20.77 0.94 0000 0.031 0004 3 4 13.13 21.70 0.67 0000 0.024 006 01 4 3 4 20.02 38.39 0.18 0000 0.024 32004 17.62 35.10 0.02 4000 0.022 006 01 02 0.00 15.61 0.00 4000 0.018 00002 0.00 1.64 0.72 4000 0.022 00000 0.00 0.00 12.79 4000 0.053 00000 0.00 0.00 54.10 4000 0.004 00004 67.30 91.52 21.77 4000 0.127 3215 24 4 12 4 18.75 31.77 1.89 434t 0 0.045 219 02 4 8 4 10.97 31.40 0.58 3010 0.238 006 01 4 2 2 0.00 32.91 0.72 0000 0.267 0012 13 4 33 4 0.17 11.81 0.84 4290 0.208 0012 12 4 17 4 0.10 4.56 0.95 4110 0.009 006 01 04 1.30 1.30 0.74 0000 0.017 216 01 04 0.38 0.38 2.75 4230 0.038 3404 4 4 36.93 162.98 19.42 4240 0.057 216 01 04 166.79 387.37 27.82 4110 0.026 326 01 04 0.37 16.07 20.41 4000 0.001 32004 2.62 21.40 65.23 4000 0.000 32000 0.00 0.00 80.56 4000 0.081 21002 0.00 3.17 3.86 0000 0.090 2104 16 4 19.57 19.57 3.49 3060 0.151 0004 17 4 24.80 81.82 6.04 4150 0.169 0004 16 4 67.48 150.32 7.31 4150 0.096 0015 22 4 1 4 22.10 35.97 7.64 3030 0.092 009 02 4 15 4 5.25 19.59 0.91 412116 4ST U V WXYZAA AB AC AD AEAFAG AHAIAJA3 Community IdentifiedA3 Community RequestedA4 TOTALA4 Zero Car (Weighted) C1 ScoreC1 Connections to existing facilities C1 ScoreC2 # of schools within 1/4 mileC2 # of schools within 1/2 mile C3 ScoreC3 # of transit stops within 1/2 miile C4 ScoreC4 Acres of park within 1/4 mileC4 Acres of park within 1/2 mileC4 Acres of park within 1/2 mile per 1,000 people C5 ScoreC5 # of key destin within 1/4 mileC5 # of key destin within 1/2 mile2892902912922932942952962972982993003013023033043053063073083093103113123133143153163170 0.145 009 02 4 22 4 2.82 17.19 5.30 3010 0.078 006 01 4 11 4 0.00 15.22 0.00 0000 0.062 006 01 4 17 4 0.00 0.00 0.00 4240 0.070 006 01 4 15 2 0.00 0.42 0.00 3010 0.041 0004 4 2 0.00 4.55 6.01 4000 0.035 0004 4 2 0.00 4.37 5.85 4000 0.041 0004 3 0 0.00 0.00 7.00 4000 0.038 0004 4 2 0.00 0.88 7.57 400t 0 0.030 2104 21 4 11.15 25.05 1.04 0000 0.184 336 01 4 17 4 6.15 8.10 2.25 4240 0.019 326 01 04 5.60 5.65 1.01 0000 0.156 00002 0.00 8.73 35.50 4000 0.022 216 01 04 6.29 17.62 0.02 4000 0.169 00004 19.59 62.50 270.30 400tt 0 0.281 009 06 4 65 4 0.60 11.44 2.12 4351t 0 0.010 3212 12 02 0.00 16.81 10.84 000tt 0 0.055 21004 36.99 40.29 6.76 0000 0.089 216 01 4 5 4 1.55 52.09 4.46 0000 0.199 2112 12 4 19 4 12.11 12.76 1.31 0000 0.186 219 05 4 25 4 8.16 17.02 1.16 4130 0.144 0012 15 4 25 4 12.27 23.94 1.39 4470 0.114 216 01 4 8 4 2.35 33.31 1.41 422t 0 0.073 2104 1 4 25.12 78.88 2.16 400t 0 0.115 006 01 4 26 4 7.78 16.52 2.08 302tt 0 0.174 3204 2 4 8.53 28.49 0.73 301t 0 0.001 00004 84.21 151.70 41.70 0000 0.073 006 01 04 25.80 25.80 19.31 0000 0.023 00004 0.00 0.00 0.00 4000 0.126 006 01 4 14 2 0.00 8.25 2.02 302117 12456789101112131415161718192021222324252627282930313233343536373839404142AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 6002 Anchored 156 4 49,581 2 11,289 56 002 Anchored 155 4 06 17,850 58 002 Anchored 20 18 4 0296 18,115 3002 Anchored 81 0 42,464 15,471 42t 02 Anchored 102 4 43,910 15,402 5002 Anchored 81 0 0909 16,418 3000 Transitional 04 01 14,840 6002 Anchored 153 4 42,464 18,121 2000 Transitional 81 4 43,807 14,378 6000 Transitional 153 4 0590 14,420 6000 Transitional 04 0331 11,538 6002 Anchored 04 011,735 0000 Transitional 04 0121 11,101 001 t 0 Transitional 04 067 12,054 0000 Transitional 04 43,319 0357 0000 Transitional 04 41,524 0538 0000 Transitional 04 41,453 0608 0000 Transitional 04 43,814 0863 6000 Transitional 04 6 21,052 14,596 0000 Transitional 04 0349 11,945 6000 Transitional 04 42,273 12,827 0000 Transitional 04 0806 11,187 42t 00 Transitional 04 0349 14,325 6000 Transitional 04 6 14,892 13,665 1002 Anchored 04 42,355 14,443 001 t 2 Anchored 04 41,315 14,466 10 2t 02 Anchored 04 0169 18,325 62t 02 Anchored 00 41,921 15,038 101t0 000 44 0132 0000 Transitional 04 0‐ 12,835 7000 Transitional 00 029 14,551 601 t 2 Anchored 04 42,914 14,255 82t 1 t 2 Anchored 81 4 42,586 19,959 62t 02 Anchored 81 4 42,983 19,172 601 t 2 Anchored 04 42,914 12,559 82t 02 Anchored 81 0 42,586 17,264 16 002 Anchored 81 4 0‐ 18,403 0000 Transitional 04 026 12,240 118 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 434445464748495051525354555657585960616263646566676869707172737475767778798081828316 000 Transitional 81 4 45,628 16,190 800 2Anchored8140‐ 18,939 601 t 2 Anchored 04 47,220 13,434 0000 Transitional 04 01 12,207 16 000 Transitional 153 4 0‐ 15,603 0000 Transitional 04 018 11,079 101 t 2 Anchored 00 00987 13 000 Transitional 102 4 6 16,292 15,339 14 002 Anchored 102 4 0385 2 12,227 0002 Anchored 00 7 24,632 13,127 101 t 2 Anchored 04 011,295 1000 Transitional 04 0351 11,273 001 t 2 Anchored 04 00980 11 002 Anchored 20 14 4 45,532 2 10,399 801 t 2 Anchored 20 14 4 43,437 2 10,096 001 t 0 Transitional 04 46,559 0412 001 t 0 Transitional 04 45,350 0588 1000 Transitional 04 0202 0668 14 000 Transitional 04 075 11,243 21 000 Transitional 81 0 43,516 12,555 3002 Anchored 81 4 0284 2 12,895 001 t 2 Anchored 04 00948 001 t 0 Transitional 04 0198 0427 701 t 2 Anchored 20 14 4 0344 2 14,364 9000 Transitional 04 085 11,353 19 000 Transitional 81 4 0350 12,111 22 002 Anchored 159 4 44,469 15,858 001t2 Anchored 04 014 11,721 42t 02 Anchored 102 4 067 15,441 4002 Anchored 20 112 4 0299 2 11,918 001 t 0 Transitional 04 41,116 11,183 101 t 2 Anchored 04 014 11,606 20 002 Anchored 20 25 4 0346 13,916 3002 Anchored 00 42,548 14,934 701 t 2 Anchored 20 12 4 0358 2 11,324 601 t 2 Anchored 154 4 0132 2 10,729 200 2Anchored000 14 11,355 10 01 t 2 Anchored 81 4 6 13,815 15,353 2002 Anchored 00 4 11,409 11,274 51 01 t 2 Anchored 20 15 4 6 17,489 15,849 901 t 2 Anchored 81 0 4 11,981 11,500 119 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 848586878889909192939495969798991001011021031041051061071081091101111121131141151161171181191201211221231243002 Anchored 20 11 0 47,270 13,222 001 t 2 Anchored 04 41,116 11,348 23 002 Anchored 20 27 4 48,299 17,445 16 01 t 2 Anchored 04 02 10,270 21 01 t 2 Anchored 20 18 4 41,336 2 13,345 68 01 t 0 Transitional 156 4 42,404 15,442 71 002 Anchored 1513 4 091 18,261 11 01 t 2 Anchored 04 0920 12,343 11 002 Anchored 00 42,276 11,915 10 002 Anchored 20 16 4 44,882 18,974 92 t00 Transitional 20 36 4 45,435 15,224 16 01 t 2 Anchored 20 19 4 41,234 17,814 14 002 Anchored 153 0 41,012 15,404 18 2t 02 Anchored 20 27 4 41,540 18,653 400 2Anchored8100 89 14,241 11 01 t 0 Transitional 20 15 4 47,565 17,725 12 000 Transitional 20 28 0 49,777 15,427 13 002 Anchored 04 012,669 73 01 t 0 Transitional 1511 4 45,699 2 10,843 15 2t 02 Anchored 20 311 4 6 17,467 18,214 9000 Transitional 154 4 45,128 18,548 10 000 Transitional 20 24 0 7 29,626 14,753 71 01 t 2 Anchored 159 4 0‐ 18,694 10 000 Transitional 00 7 43,170 14,027 15 002 Anchored 81 0 7 29,370 13,243 7002 Anchored 20 210 0 4 10,518 18,750 17 2t 02 Anchored 1510 0 0‐ 19,632 5002Anchored 153 0 43,409 14,058 70 01 t 2 Anchored 20 15 4 0‐ 18,415 401 t 0 Transitional 04 44,427 0323 11 002 Anchored 81 4 4 11,386 16,524 701 t 2 Anchored 20 13 4 43,965 14,219 8000 Transitional 102 0 7 39,782 14,717 9000 Transitional 00 47,671 13,663 9002 Anchored 81 0 42,537 16,199 16 2t 1 t 2 Anchored 157 4 02 12,628 10 002 Anchored 00 43,648 18,068 11 2t 02 Anchored 81 0 018,797 0002 Anchored 00 012,812 701 t 2 Anchored 102 4 061 2 10,849 82t 1 t 2 Anchored 20 313 4 4 11,376 2 14,537 120 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 12512612712812913013113213313413513613713813914014114214314414514614714814915015115215315415515615715815916016116216316416510 002 Anchored 81 0 6 13,521 16,979 501 t 2 Anchored 102 4 6 14,080 15,618 11 002 Anchored 20 12 4 02 11,177 401 t 0 Transitional 102 4 45,579 12,454 1002 Anchored 00 42,239 12,664 15 002 Anchored 153 0 015 17,462 10 002 Anchored 20 11 0 0385 16,959 7000 Transitional 102 0 42,225 15,886 11 002 Anchored 20 211 4 01 19,472 11 002 Anchored 102 0 49,574 15,301 900 2Anchored8100 2 16,120 1000 Transitional 102 4 6 12,014 17,841 9002 Anchored 20 13 4 015,470 2002 Anchored 00 41,558 16,090 901 t 2 Anchored 20 14 4 41,969 2 11,578 13 2t 02 Anchored 20 16 4 49,191 2 12,748 10 002 Anchored 00 0122 11,726 9002 Anchored 04 41,547 13,818 12 01 t 2 Anchored 153 4 0‐ 18,172 001 t 0 Transitional 00 0908 12,267 11 002 Anchored 20 15 4 0147 15,816 10 01 t 2 Anchored 153 4 4 10,261 17,216 2002 Anchored 04 44,917 11,897 3000 Transitional 04 0712 14,129 14 002 Anchored 00 41,938 15,017 11 002 Anchored 102 4 014 14,693 10 01 t 2 Anchored 102 4 0734 18,972 1002Anchored8140‐ 15,891 10 01 t 2 Anchored 81 4 48,611 14,253 001 t 0 Transitional 04 42,594 0344 201 t 0 Transitional 04 036 11,084 16 01 t 2 Anchored 04 4 10,430 15,657 15 01 t 2 Anchored 81 4 6 19,453 16,515 0000 Transitional 102 4 0375 14,756 11 01 t 2 Anchored 20 13 4 0962 19,440 82t 02 Anchored 102 4 49,191 2 10,020 001 t 2 Anchored 04 014,959 13 01 t 2 Anchored 00 0848 17,097 0000 Transitional 04 0845 13,573 301 t 2 Anchored 00 43,248 13,367 17 01 t 2 Anchored 04 099 16,787 121 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 1661671681691701711721731741751761771781791801811821831841851861871881891901911921931941951961971981992002012022032042052060000 Transitional 04 0800 15,056 42t 1 t 2 Anchored 04 0334 12,506 0000 Transitional 04 0379 15,335 10 01 t 2 Anchored 04 0178 15,494 82t 02 Anchored 04 0729 14,441 13 01 t 2 Anchored 81 4 0751 17,623 22t 02 Anchored 04 012 13,122 8002 Anchored 04 7 24,605 15,856 32t 02 Anchored 81 4 7 30,096 12,580 14 2t 1 t 2 Anchored 20 15 4 42,345 2 10,925 101 t 0 Transitional 04 6 13,611 13,708 701 t 2 Anchored 04 4 11,855 15,985 11 01 t 2 Anchored 154 4 6 14,325 17,495 11 2t 02 Anchored 20 17 4 6 22,050 18,234 42t 1 t 2 Anchored 00 6 18,964 12,046 1000 Transitional 00 4 11,407 15,909 801 t 2 Anchored 04 0763 14,449 02t 1 t 0 Transitional 04 09 12,097 2000 Transitional 04 0‐ 13,709 92t 02 Anchored 04 0851 15,785 1000 Transitional 04 49,623 13,074 301 t 2 Anchored 04 0148 13,133 42t 00 Transitional 04 0851 14,843 0000 Transitional 04 012 11,793 101 t 0 Transitional 04 029 0736 2000 Transitional 04 0‐ 12,472 101t2 Anchored 00 47,504 11,877 0000 Transitional 04 48,786 11,401 0000 Transitional 04 45,648 12,001 2000 Transitional 04 45,648 12,672 2000 Transitional 04 46,866 12,248 1000 Transitional 04 47,612 12,250 1002 Anchored 04 4 10,030 11,071 1000 Transitional 00 033 11,693 1000 Transitional 04 034 12,852 0000 Transitional 04 0‐ 0525 0000 Transitional 04 49,472 0678 001 t 0 Transitional 04 012,005 1000 Transitional 00 00665 1000 Transitional 04 021 11,322 1000 Transitional 00 0116 11,057 122 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 2072082092102112122132142152162172182192202212222232242252262272282292302312322332342352362372382392402412422432442452462471000 Transitional 04 0448 11,138 1000 Transitional 04 41,989 11,600 0000 Transitional 04 0183 11,243 1000 Transitional 04 039 11,030 301 t 0 Transitional 04 0214 12,804 1000 Transitional 04 41,648 0751 3000 Transitional 04 41,242 0906 1000 Transitional 04 039 11,126 0000 Transitional 04 024 0102 001 t 0 Transitional 04 013 11,207 0000 Transitional 00 0384 0527 0000 Transitional 04 0115 0711 0000 Transitional 04 41,035 0712 0000 Transitional 04 011,293 1000 Transitional 04 41,271 0824 3000 Transitional 04 41,342 0862 0000 Transitional 04 41,475 0599 0000 Transitional 04 0‐ 0664 601 t 0 Transitional 04 0287 12,308 301 t 0 Transitional 04 0414 12,078 001 t 2 Anchored 04 0307 11,177 001 t 2 Anchored 04 0416 0290 001 t 2 Anchored 04 06 0289 001t0 040 6 0287 101t0 040 64 0272 101t0 000 64 0154 001t2 Anchored 04 45,171 0208 001 t 2 Anchored 04 45,723 0322 001 t 0 Transitional 04 45,336 0404 001 t 0 Transitional 04 41,326 0432 0000 Transitional 04 44,266 0281 1000 Transitional 00 06 11,546 0000 Transitional 00 44,266 0330 02t 00 Transitional 81 4 41,224 0937 2000 Transitional 04 46,117 12,724 5002 Anchored 153 0 42,464 16,331 001 t 0 Transitional 04 43,861 11,060 1002 Anchored 81 4 0441 13,632 6000 Transitional 153 4 0782 15,119 11 01 t 2 Anchored 20 12 4 0135 18,033 1000 Transitional 04 42,167 14,203 123 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 2482492502512522532542552562572582592602612622632642652662672682692702712722732742752762772782792802812822832842852862872882000 Transitional 04 01 12,926 2000 Transitional 04 012,443 2000 Transitional 04 47,056 12,098 0000 Transitional 04 7 29,079 11,547 10 01 t 2 Anchored 20 17 4 41,977 2 13,944 10 000 Transitional 20 15 0 48,517 14,300 15 002 Anchored 81 0 0‐ 17,039 6000 Transitional 04 044 12,356 6000 Transitional 04 7 63,529 11,817 6000 Transitional 04 6 21,052 12,812 601 t 0 Transitional 81 4 067 11,501 6000 Transitional 81 4 43,953 12,637 0000 Transitional 04 44,404 11,737 0000 Transitional 00 013 11,121 4000 Transitional 00 0104 11,919 6000 Transitional 04 0‐ 12,590 2000 Transitional 20 11 4 43,909 13,506 0000 Transitional 20 11 4 0179 11,938 0000 Transitional 04 43,770 12,840 0000 Transitional 04 094 12,049 001 t 0 Transitional 04 45,446 11,437 001 t 2 Anchored 04 00200 0002 Anchored 04 011,146 12 002 Anchored 04 0‐ 17,503 14 002 Anchored 04 0460 18,070 4000 Transitional 00 41,264 11,158 20 002 Anchored 156 0 4 10,344 17,462 9002Anchored 00 6 13,891 15,785 2002 Anchored 04 0427 13,144 6002 Anchored 04 42,656 16,155 13 002 Anchored 102 0 0660 13,349 10 01 t 2 Anchored 00 4 11,348 13,213 001 t 2 Anchored 00 48,500 11,255 001 t 2 Anchored 04 0‐ 0839 001 t 0 Transitional 04 0148 0570 5002 Anchored 00 0329 13,364 9000 Transitional 20 13 0 047 14,742 18 002 Anchored 153 0 42,138 13,415 21 002 Anchored 00 41,356 14,288 13 002 Anchored 20 22 4 41,384 11,654 7002 Anchored 20 23 0 6 12,806 15,630 124 4AKAL AMAN AO AP AQ AR AS ATAU AV AW AX AY AZC5 # of key destin within 1 mile C6 ScoreC6 Fills a network gap to funded projectC6 Funded capital project C7 ScoreC7 Regionally signficant C8 ScoreC8 Place Type T1 ScoreT1 # Bike/ ped fatality within 1/4 mileT1 # Bike/ ped fatality within 1/2 mile T2 score T3 score T3 Max ADT within 1/4 mile T4 score T4 Population witin 1/2 mile 28929029129229329429529629729829930030130230330430530630730830931031131231331431531631713 002 Anchored 154 0 015,470 500 2Anchored8100 65 13,729 7002 Anchored 81 0 7 27,886 12,648 2002 Anchored 20 11 0 47,310 12,581 0002 Anchored 00 7 27,965 13,235 0002 Anchored 00 45,732 12,386 0002 Anchored 00 45,618 12,495 0002 Anchored 00 42,278 12,826 11 000 Transitional 00 7 39,782 14,855 15 002 Anchored 102 0 014 17,013 6002 Anchored 81 0 42,028 16,807 0000 Transitional 00 00815 0000 Transitional 20 11 4 0485 13,588 0000 Transitional 04 0‐ 0506 69 002 Anchored 20 18 0 0824 19,738 82t 02 Anchored 00 0‐ 14,008 14 000 Transitional 04 02 12,412 1000 Transitional 00 41,614 0732 62t 1 t 2 Anchored 20 24 4 4 11,531 2 11,799 11 2t 1 t 2 Anchored 20 13 4 48,671 19,876 92t 1 t 2 Anchored 102 4 42,417 2 10,104 82t 1 t 2 Anchored 04 47,579 14,514 02t 02 Anchored 81 0 7 29,910 11,510 301 t 2 Anchored 20 13 0 41,748 17,192 401 t 0 Transitional 04 08 0880 601 t 2 Anchored 04 012,330 1000 Transitional 04 0754 0566 0000 Transitional 04 7 31,004 11,043 3002 Anchored 00 41,394 15,957 125 Fresno Trail Network Expansion Feasibility Plan APPENDIX G Table of Potential Funding Sources 126 Funding Sources Administering Agency Availability of Funding Notes Eligible Improvements Weblink Federal Funding (Administered Locally) Surface Transportation Block Grant FHWA, FAST Act Program administered through the Fresno Council of Governments Every two years Projects must be in the Statewide Transportation Improvement Program (STIP) and be consistent with the Long-Range Statewide Transportation Plan and Metropolitan Transportation Plan. May require 11.47% local match. Bicycle facilities, including trails 2019 application guidelines are here - https://www.fresnoc og.org/wp- content/uploads/201 6/06/A.-2019-20- Final-STBG- Guidelines.pdf Congestion Mitigation and Air Quality Program FHWA, FAST Act Program administered through the Fresno Council of Governments Every four years Projects approved the Fresno COG Policy Board are included in the Federal Transportation Improvement Program (FTIP) prior to federal reimbursement. The 2019-2020 CMAQ Call for Projects covers four-years in the FTIP, 2020 – 2024. May require 11.47% local match. 2019 application guidelines are here - https://www.fresnoc og.org/project/conge stion-mitigation-air- quality-cmaq- program/ State Funding Sources California Active Transpor tation Program California Transportation Commission Varies; Cycle 5 call for applications expected in the spring 2020 Consolidated several older grant programs, including State SRTS and Bicycle Transportation. Funds range of capital and non-capital projects. Some preference given to projects in disadvantaged communities. The state program is competitive among jurisdictions statewide; the regional program is competitive among Fresno Council of Governments member agencies. Bikeways, crossing improvements and most programmatic activities (e.g., encouragement, education, and enforcement), and plans (including active transportation plans and Safe Routes to School plans) https://dot.ca.gov/pr ograms/local- assistance/fed-and- state- programs/active- transportation- program/cycle5 127 Funding Sources Administering Agency Availability of Funding Notes Eligible Improvements Weblink California Proposition 68 (Parks and Water Bond Act of 2018), Statewide Parks Program (SSP) California Department of Parks and Recreation Amount available is $395,333M; grant applications should be between $200K and $8.5M Round Four may occur in 2020 (see bottom of this document) Eligible projects are from the Statewide Parks Program (SPP) A variety of park facilities and types, including linear greenbelt parks, non- motorized trails, pedestrian and bicycle bridge https://www.parks.ca .gov/pages/1008/files /Final_Prop._68_SPP_ Application_Guide_1. 22.2019.pdf California Office of Traffic Safety Grants California Office of Traffic Safety Annually; applications due January 30. For traffic-safety education, awareness and enforcement programs aimed at drivers, pedestrians and bicyclists. Certain activities under the SRTS, safety/education and enforcement programs. www.ots.ca.gov/ Grants/default. asp Highway Safety Improvement Program Caltrans Varies; From one to two years. Cycle 10 expected April or May 2020 For projects and programs that reduce traffic fatalities and serious injuries by correcting or improving a specific problem. Highly competitive at the state level. Safety-related pedestrian, bikeway and crossing projects. Certain activities under the SRTS, safety/education and enforcement programs; also, certain spot improvements. Bike lanes, paved shoulders, crosswalks, intersection improvements and signage www.dot. ca.gov/hq/ LocalPrograms/ hsip.html Affordable Housing and Sustainable Communities Program California Strategic Growth Council Annually; next call for projects slated for November 2019 with applications due February 2020 Projects that facilitate compact development, including bicycle infrastructure and amenities, with neighborhood scale impacts. Available to government agencies and institutions (including local government, transit agencies and school districts), developers and non-profit organizations. Bikeways and pedestrian improvements, particularly those in the area covered in specific plans. Must be paired with affordable housing development, cannot be submitted as a standalone project. http://sgc.ca.gov/pro grams/ahsc/ 128 Funding Sources Administering Agency Availability of Funding Notes Eligible Improvements Weblink Sustainable Transportation Planning Grants Caltrans Annually; last round due October 2019 Funds for communities to do planning, studies, and design work to identify and evaluate projects, including conducting outreach or implementing pilot projects. Planning, community engagement, studies to improve bicycle and pedestrian connections. https://dot.ca.gov/prog rams/transportation- planning/regional- planning/sustainable- transportation- planning-grants Recreational Trails Program California Department of Parks and Recreation Current call for applications underway with February 3, 2020 deadline Funds for recreational trails for active transportation. Trail maintenance, restoration, trailhead facilities, new trail construction, and maintenance equipment. https://www.parks.ca.g ov/?page_id=24324 Urban Greening Grants California Natural Resources Agency Annually; Round 4 call for applications anticipated March 2020 A statewide program that allocates cap-and-trade dollars to projects that reduce greenhouse gas emissions. Projects that reduce commute vehicle miles traveled by constructing bicycle paths, bicycle lanes or pedestrian facilities that provide safe routes for travel between residences, workplaces, commercial centers, and schools. http://resources.ca.gov /grants/urban- greening/ State Transportation Improvements Program California Transportation Commission Every 2 years Projects need to be nominated in Regional TIP, but MTC may nominate fund categories. Any transportation project eligible for State Highway Account or Federal Funds https://dot.ca.gov/prog rams/local- assistance/fed-and- state-programs/state- transportation- improvement-program California Gas Tax California Transportation Commission Annually Ineligible expenses include decorative lighting, transit facilities, park features, and new utilities. Construction, engineering, and maintenance https://sco.ca.gov/Files- AUD/gas_tax_guidelines 31219.pdf 129 Funding Sources Administering Agency Availability of Funding Notes Eligible Improvements Weblink Transformative Climate Communities Program California Strategic Growth Council Annually Program’s first year was 2017. Program focus is on reducing greenhouse gas emissions, improving public health, create economic opportunity, especially in disadvantaged communities. Fresno received a $66.5 million grant in the program’s first round. Bicycle and pedestrian facilities, as well as affordable and sustainable housing developments, transit stations and facilities, bicycle and car share programs, residential weatherization and solar projects, water-energy efficiency installations, urban greening projects, low-carbon transit vehicles and clean vehicle rebates, and health and well-being projects http://sgc.ca.gov/progra ms/tcc/resources/applica tion.html Regional and City Funding Sources Measure C, Transit Oriented Infrastructure Fresno Council of Governments Annually Program created in the 2006 Measure C Extension Plan. TOD allocation support community-based transit projects aimed at increasing transit use. Transit facility improvement, bicycle and pedestrian facility improvements, public plaza, streetscape enhancements https://www.fresnocog. org/measure-c-transit- oriented-development/ Measure C, Local Transportation Program Fresno County Transportation Authority Project funding decisions made by the FCTA Board The Measure C Extension Plan provides multi-modal funding from a percentage of local sales tax revenue in three programs: public transit, local transportation, and regional transportation. The Local Transportation Program funds various projects including street maintenance and rehabilitation, ADA Compliance, and pedestrian trails and bicycle facilities. City 2020 Adopted Budget, page 21 - https://www.fresno.gov /finance/wp- content/uploads/sites/1 1/2019/10/FY2020Adop tedBudgetUpdated2.pdf Regional Sustainable Infrastructure Planning Grant Fresno Council of Governments Annually; Cycle 3 grant application deadline was August 1, 2019 Program objective is to encourage local and regional multimodal transportation and land-use planning and addresses the needs of disadvantaged communities. Planning studies, safe routes to school plans, complete streets plans, bicycle and pedestrian plans with safety enhancement focus (including Vision Zero). https://www.fresnocog. org/project/fresno-cog- administered-grant- programs/ 130 Funding Sources Administering Agency Availability of Funding Notes Eligible Improvements Weblink Transportation Development Act Article 3 Fresno Council of Governments Program is not currently active Allocated among Fresno member agencies based on population, taxable sales and transit performance. Bikeways, crossing improvements and safety/ education/training programs for school children and the general population https://www.fresnocog. org/project/transportati on-development-act- tda/ Local Funding Sources Pedestrian & Bicycle Facility City of Fresno Annual This program in the Public Works Department implements and maintains walking and bicycling facilities. On-road portions of trail network expansion projects may be suitable for these funds. Funds can be used as match for grants. On-road bicycle facilities. General Fund City of Fresno Annually A component of local general funds can be dedicated to transportation improvements through allocations to the City’s Public Works, Parks and Recreation, or Police Departments. There are generally few restrictions on these funds. Operating expenses such as staff time, outreach and education materials, facility maintenance and other small capital expenses Parks and Recreation City of Fresno n/a Parks and recreation funding can be used to install and maintain trails and shared used paths. However, PARCS is underfunded and is currently not a feasible option for trail network expansion projects. Pathway or pathway-related facilities, including bathrooms, pocket parks, lighting, parking, landscaping, and maintenance Municipal Bonds City of Fresno n/a Cities have the authority to issue municipal bonds to finance infrastructure projects. Bikeways and crossing improvements 131 Funding Sources Administering Agency Availability of Funding Notes Eligible Improvements Weblink Parking Benefit Districts City of Fresno n/a Parking Benefit Districts can finance infrastructure improvements in popular employment or commercial centers by dedicating parking fee and ticket revenue to bicycle and pedestrian enhancements. Within a parking benefit district, public parking spaces (on- and off-street) are charged hourly rates to aid turnover of spaces for customers. Bikeways and crossing improvements Other funding opportunities Other local foundations, health organizations, and businesses Local Foundations, Health Organizations, and Businesses can be good sources of funds for education and outreach, however, may not be suitable for the larger funding needs for trail network expansion. 132 Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullard Herndon Nees De WolfShields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongLocanFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongLocanClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague Corridor A Corridor B Corridor D Corridor C Corridor E Corridor A: Herndon Canal between Hughes to Fruit A venuesCorridor B: Kearney Boulevard between West Avenueto Fresno StreetCorridor C: Merced Street between B Street to Thorne Avenue and Thorne avenue between M erced Street to California AvenueCorridor D: California Avenue/Walnut to Hinton Park Corridor E: Church/Jensen Avenues between Martin Luther King Jr. Boulevard to Elm Avenue N 0 1.5 30.75 Miles DEPARTMENT OFPUBLIC WORKS VICINITY MAP City Limits PROJECT ID: PW00823 - FRESNO TRAIL NETW ORK EXPA NSION FEA SIBILITY PLAN Council District 1 Council District 3 Fresno Trail Network Expansion Feasibility Plan City Council, February 13, 2020 ITEMS OF DISCUSSION •Project Purpose, Background, Overview •Community Engagement •Prioritization •Selected Trail Corridors •Staff Recommendation •Next Steps Fresno Trail Network Expansion Feasibility Plan PROJECT PURPOSE and GOALS •Address community desire for Class I bikeways (multi-purpose trails) in disadvantaged communities, as identified through the Active Transportation Plan (ATP) •Identify and develop grant-ready projects for approximately 5 miles of trail Fresno Trail Network Expansion Feasibility Plan PROJECT BACKGROUND •Funded by Caltrans Sustainable Transportation Planning Grant Program (Sustainable Communities) with local match from Measure C Trails Funding •First step in implementation of Class I bikeways recommendations from ATP (166 miles of unfunded trails) •Used City’s Active Transportation Prioritization Tool to develop a high priority list of corridors •Studied feasibility of selected trail corridors, developed concept designs and estimates for grant applications Fresno Trail Network Expansion Feasibility Plan PROJECT OVERVIEW SUMMER 2019 Public Engagement, Feasibility Analysis, Concept Development FALL 2019 Draft Plan, Public Comment WINTER 2020 Final Plan and Adoption SPRING 2019 Plan Review, Data Collection, Prioritization Fresno Trail Network Expansion Feasibility Plan COMMUNITY ENGAGEMENT HIGHLIGHTS Fresno Trail Network Expansion Feasibility Plan 5 •5 community meetings throughout Fresno •Spanish and Hmong translation and interpretation •Meetings drew a range of abilities, ages, interests, backgrounds •Attendees: people who bike for fitness, for fun, to commute; people who walk for fitness 1 •One Walking Tour on the McKenzie Trail •Format was a great way to discuss issues •Neighbors were enthusiastic and supportive 64+ •Trail Advisory Committee met twice and provided valuable input •Over 60 community participants (over 90 including advisory committee members) WHAT WE LEARNED: Major topics and themes Fresno Trail Network Expansion Feasibility Plan Safety on and across roadways Received input on how people use trails Community Priorities Barriers to walking and biking Desire for more regular main-tenance Shade, drinking fountains, seating Some concerns, but primarily eagerness to see projects completed More amenities Received input on desired amenities PRIORITIZATION FACTORS from ATP Prioritization Tool Accessibility (all ages and abilities) Equity Community-identified Priorities Vehicle Ownership/access ACCESS AND EQUITY Existing and Future Network Schools, Public Transit Parks, Key Destinations Regional Significance Place Type CONNECTIVITY Bicycle/Pedestrian Collisions Potential for Mode Shift and Greenhouse Gas Reduction Population Density TRAFFIC CONTROL, MODE SHIFT, AND USER COMFORT Fresno Trail Network Expansion Feasibility Plan PRIORITIZATION RESULTS Fresno Trail Network Expansion Feasibility Plan •Diverse results between each set of criteria (map to map) •City staff evaluated highest ranking corridors and recommended projects •Recommendations vetted with Trail Advisory Committee (Lowest) (Highest) Selected Trail Corridors Fresno Trail Network Expansion Feasibility Plan •One bankside trail segment along the Herndon Canal •Four connected corridors selected to leverage TCC-funded trail projects and to create network in Southwest Fresno PROPOSED FACILITY TYPES Fresno Trail Network Expansion Feasibility Plan •Class I Trails (multipurpose trail/sidepath) on all corridors •Class III Bike Route (Bike Boulevard)on Merced Street •Class IV Separated Bikeways on short segments of Church and Jensen Avenues •Retained existing Class II bike lanes on most corridors CORRIDOR A: Herndon Canal Fresno Trail Network Expansion Feasibility Plan Class I Trail, 1.1 miles from Hughes Ave to Fruit Ave BENEFITS Increased bicycle/pedestrian connectivity to neighborhood, schools, and shopping areas, increased recreational space ESTIMATED COST $2.8 to $4.4 million (two crossing options) Fresno Trail Network Expansion Feasibility Plan CORRIDOR B: Kearney Boulevard Class I Trail, 1.3 miles from West Ave to Fresno St BENEFITS Connections between Downtown and Southwest Fresno, including schools and bike lanes ESTIMATED COST $4.3 million Fresno Trail Network Expansion Feasibility Plan CORRIDOR C: Thorne Avenue and Merced Street Class I Trail and Bike Boulevard, 0.92 miles Thorne Ave from California to Merced St, Merced St from Thorne Ave to B St BENEFITS Connections with Kearney Blvd trail, SW Fresno Trail (Fanning Ditch/TCC), Downtown Fresno ESTIMATED COST $1.1 million Fresno Trail Network Expansion Feasibility Plan CORRIDOR D: California/Walnut/Belgravia –Hinton Park Connector Class I Trail, 0.96 miles California Ave from Thorne Ave to Walnut Ave, Walnut Ave from California Ave to Church Ave, Belgravia from Walnut Ave to Fairview Trail/Hinton Park BENEFITS Connections to SW Fresno Trail (Fanning Ditch/TCC), Fairview Trail, and future Fresno City College West Career Technical Center, as well as library, middle schools, high school ESTIMATED COST $3.0 to $3.4 million (two design options) Fresno Trail Network Expansion Feasibility Plan Corridor E: Church and Jensen Avenues Class I Trail, 1.0 miles. Two segments, both from Martin Luther King, Jr. Boulevard to East Elm Avenue BENEFITS Connects to/ extends trail to future Fresno City College West Career Technical Center, MLK, Jr. Blvd activity center, trails, and park ESTIMATED COST $2.8 million STAFF RECOMMENDATION •Accept the Fresno Trail Network Expansion Feasibility Plan and adopt the corridor prioritization recommendations Fresno Trail Network Expansion Feasibility Plan NEXT STEPS •If Council adopts this Plan today, Public Works Department will pursue grant funding •Concept plans, concept-level cost estimates, and feasibility analyses are complete and grant-ready Fresno Trail Network Expansion Feasibility Plan QUESTIONS Fresno Trail Network Expansion Feasibility Plan General Plan Amendment Class I Paths and Trails in conjunction with adoption of ATP Fresno Trail Network Expansion Feasibility Plan Amended Figure MT-2 Path and Trails Fresno Trail Network Expansion Feasibility Plan Figure MT-2 Path and Trails Class I Paths and Trails (Existing and Proposed) Fresno Trail Network Expansion Feasibility Plan Figure MT-2 Access and Equity Scoring Guide Fresno Trail Network Expansion Feasibility Plan Connectivity Scoring Guide Fresno Trail Network Expansion Feasibility Plan Traffic Control, Mode Shift, User Comfort Scoring Guide Fresno Trail Network Expansion Feasibility Plan City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00181 Agenda Date:2/13/2020 Agenda #:1-E REPORT TO THE CITY COUNCIL February 13, 2020 FROM:LEE BRAND, Mayor Office of the Mayor & City Manager MIGUEL ARIAS, Council President, District 3 ESMERALDA SORIA, Councilmember, District 1 GARRY BREDEFELD, Councilmember, District 6 (Members, City Council Subcommittee on Homelessness) BY:H. SPEES, Director, Strategic Initiatives Office of the Mayor & City Manager SUBJECT Actions pertaining to the Homeless Housing, Assistance and Prevention program: 1.Approve a proposed Joint Service Plan for the Homeless Housing, Assistance and Prevention program estimated preliminary allocations, which include allocations to the City of Fresno ($6,158,246); County of Fresno ($2,325,640); Fresno Madera Continuum of Care ($2,954,437); and the County of Madera ($411,434) (Attachment A) 2.Approve the City’s grant application for $6,158,246.18 to the California Homeless Coordinating and Financing Council RECOMMENDATION Approval of the recommended actions will allow for the implementation of the attached Joint Service Plan including Homeless Housing,Assistance and Prevention (HHAP)allocations from the City of Fresno (City),Fresno Madera Continuum of Care (FMCoC),and Counties of Madera and Fresno totaling $11.8 million (Attachment B).The proposed plan will regionally extend current services and augment shelter beds in the City of Fresno. EXECUTIVE SUMMARY HHAP funding will be used to support regional coordination and expand or develop local capacity to address homelessness in Fresno and Madera Counties.Per the Notice of Funding Availability,the grant applications must be submitted to California Homeless Coordinating and Financing Council (HCFC)by February 15,2020.The Counties and FMCoC will similarly place an item on their respective agendas to review and approve the joint service plan.This plan calls for the expenditure City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00181 Agenda Date:2/13/2020 Agenda #:1-E respective agendas to review and approve the joint service plan.This plan calls for the expenditure of these funds over two years from July 2021 through June 2023 and was unanimously approved by the members of the City Council Subcommittee on Homelessness and the Mayor with the goal of providing two years additional funding for programs initiated under earlier HEAP funding.The Subcommittee’s recommendations to reduce the number of beds in District 3 and add new Triage beds regionally were included in the final Joint Service Plan adopted by all four HHAP applicants. The plan may require future changes to ensure the allocations are fully expended and strategic goals are met. BACKGROUND HHAP is authorized by Assembly Bill 101 (Committee on Budget,Chapter 159,Statues of 2019), which was signed into law by Governor Gavin Newsom on July 31,2019.HHAP is a $650 million block grant program designed to support regional coordination and expand or develop local capacity to address immediate homelessness challenges throughout the State.HHAP funding is divided into three categories for distribution:Continuums of Care,Cities (Large Cities with population over 300,000), and Counties. A planning group consisting of representatives from the City,FMCoC,and Counties of Madera and Fresno drafted the proposed Joint Service Plan,which supports a continuum of services.The plan is consistent with the Homeless Emergency Aid Program (HEAP)planning process undertaken in 2019, which is consistent with the 14 priorities supported by the entities’ in 2019 and 2020. The proposed Joint Service Plan will regionally extend Triage Centers,Bridge Housing,Youth Bridge Housing,Rapid Rehousing for an added year;and,augment outreach.This plan includes recommendations made by the members of the City Council Subcommittee on Homelessness as follows:1.)That the 37-bed Triage Center currently operated by Turning Point in District 3 be relocated outside of District 3;2.)That 18 additional Triage Center beds be added,also to be located outside of District 3.The location of these beds will be a part of the procurement process taking place over the next 16 months for implementation in July 2021.If necessary,agreements and/or amendments for these services will be brought to Council for approval at a future date. The proposed activities are part of a coordinated plan among HHAP allocation recipients.The Joint Service Plan with the region’s recipients,utilizing the $11.8 combined allocation,will ensure a continuum of services across jurisdictions to strengthen the region’s crisis response network to address the homelessness crisis in Fresno and Madera Counties. Should you elect not to approve the recommended actions,the City would forfeit HHAP funding to provide immediate emergency assistance to people experiencing homelessness in the community. ENVIRONMENTAL FINDINGS This item is not a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this item does not involve an award of a construction or service agreement. City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00181 Agenda Date:2/13/2020 Agenda #:1-E FISCAL IMPACT There is no increase in Net City Cost associated with the recommended action.The City maximum of 7%of the grant,or $431,077,will be retained for administrative costs and a minimum of 8%is set aside for youth homeless services.There is no matching contribution requirement for these funds. In addition,for both recipients,up to 5%of an applicant’s program allocation may be expended on a strategic homelessness plan and/or infrastructure development to support Coordinated Entry Systems (CES)and Homeless Management Information Systems (HMIS).The entire grants must be expended by June 30,2025.HHAP grant program funding cannot be used to supplant existing local funds for homeless housing, assistance, or prevention. Attachments: Attachment A - HHAP Grant Allocations Attachment B - HHAP Proposed Service Plan City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ CONTINUUM OF CARE ALLOCATION CITY ALLOCATION COUNTY ALLOCATION Alpine, Inyo, Mono Counties CoC 500,000.00$ Anaheim 8,422,162.84$ Alameda 8,754,709.98$ Amador, Calaveras, Mariposa, Tuolumne Counties CoC 995,414.43$ Bakersfield 3,265,736.61$ Alpine -$ Bakersfield/Kern County CoC 1,566,746.98$ Fresno 6,158,246.18$ Amador 233,546.24$ Chico, Paradise/Butte County CoC 1,491,354.64$ Long Beach 4,650,605.37$ Butte 1,381,633.36$ Colusa, Glenn, Trinity Counties CoC 500,000.00$ Los Angeles 117,562,500.00$ Calaveras 202,988.79$ Daly/San Mateo County CoC 1,781,143.93$ Oakland 19,697,548.19$ Colusa 61,114.90$ Davis, Woodland/Yolo County CoC 771,593.44$ Riverside 6,902,244.82$ Contra Costa 2,504,619.72$ El Dorado County CoC 722,117.21$ Sacramento 13,654,707.74$ Del Norte 200,806.11$ Fresno City & County/Madera County CoC 2,954,437.15$ San Diego *22,491,840.12$ El Dorado 668,989.93$ Glendale CoC 500,000.00$ San Francisco 19,729,468.92$ Fresno 2,325,640.36$ Humboldt County CoC 2,004,964.93$ San Jose 23,832,510.94$ Glenn 62,206.24$ Imperial County CoC 1,664,521.41$ Santa Ana 8,422,162.84$ Humboldt 1,857,456.54$ Lake County CoC 500,000.00$ Stockton 6,460,265.43$ Imperial 1,542,059.99$ Long Beach CoC 2,231,141.93$ Inyo 158,243.95$ Los Angeles City & County CoC 66,271,041.04$ Kern 1,451,478.97$ Marin County CoC 1,218,057.42$ Kings 272,834.39$ Mendocino County CoC 924,734.12$ Lake 445,265.73$ Merced City & County CoC 716,227.19$ Lassen 50,201.53$ Napa City & County CoC 500,000.00$ Los Angeles 64,319,071.00$ Nevada County CoC 500,000.00$ Madera 411,434.26$ Oakland, Berkeley/Alameda County CoC 9,449,958.07$ Marin 1,128,443.05$ Oxnard, San Buenaventura/Ventura County CoC 1,966,090.75$ Mariposa 65,480.25$ Pasadena CoC 638,478.84$ Mendocino 856,699.99$ Merced 663,533.24$ Modoc 5,456.69$ Richmond/Contra Costa County CoC 2,703,522.04$ Mono 75,302.29$ Riverside City & County CoC 3,311,372.74$ Monterey 2,642,128.26$ Roseville, Rocklin/Placer County CoC 726,829.24$ Napa 351,410.70$ Sacramento City & County CoC 6,550,887.16$ Nevada 452,905.09$ Salinas/Monterey, San Benito Counties CoC 3,185,326.18$ Orange 7,486,575.73$ San Bernardino City & County CoC 3,071,059.67$ Placer 673,355.28$ San Diego City and County CoC *10,790,528.04$ Plumas 50,201.53$ San Francisco CoC 9,465,272.14$ Riverside 3,067,749.91$ San Jose/Santa Clara City & County CoC 11,433,718.90$ Sacramento 6,068,928.22$ San Luis Obispo County CoC 1,746,981.78$ San Benito 308,848.53$ Santa Ana, Anaheim/Orange County CoC 8,081,115.98$ San Bernardino 2,845,117.04$ Santa Maria/Santa Barbara County CoC 2,123,943.46$ San Diego *9,996,652.14$ Santa Rosa, Petaluma/Sonoma County CoC 3,476,293.48$ San Francisco 8,768,897.37$ Stockton/San Joaquin County CoC 3,099,331.80$ San Joaquin 2,871,309.15$ Tehama County CoC 500,000.00$ San Luis Obispo 1,618,453.62$ Turlock, Modesto/Stanislaus County CoC 2,265,304.09$ San Mateo 1,650,102.41$ Vallejo/Solano County CoC 1,355,884.04$ Santa Barbara 1,967,681.64$ Visalia/Kings, Tulare Counties CoC 1,253,397.58$ Santa Clara 10,592,522.45$ Watsonville/Santa Cruz City & County CoC 2,552,737.36$ Santa Cruz 2,364,928.51$ Yuba City & County/Sutter County CoC 849,341.78$ Shasta 902,536.17$ Sierra 13,096.05$ Siskiyou 249,916.30$ Solano 1,256,129.54$ Sonoma 3,220,537.17$ Stanislaus 2,098,642.15$ Sutter 319,761.91$ Tehama 314,305.22$ Trinity 86,215.67$ Tulare 888,348.78$ Tuolumne 420,164.96$ Ventura 1,821,442.40$ Yolo 714,826.11$ Yuba 467,092.48$ No more than 45 percent of the total allocation for citites will be awarded to an individual city per HSC § 50218 (a)(2). No more than 40 percent of the total allocation for counties will be awarded to an individual county per HSC § 50218 (a)(3). No more than 40 percent of the total allocation for CoCs and no less than $500,000 will be awarded to an individual CoC per HSC § 50218 (a)(1). * Indicates jurisdictions approved to use 2017 PIT counts per HSC § 50216 (j). All other jurisdiction allocations are based on 2019 PIT counts. Redding/Shasta, Siskiyou, Lassen, Plumas, Del Norte, Modoc, Sierra Counties CoC 1,589,129.07$ HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) GRANT ALLOCATIONS 1/23/2020 $ 2,954,437.15 6,158,246.18 2,Fresno $ 411,434.26 1 2 3 4 5 Contract Expiration Added 12 months FY20/21 Added 12 months FY21/22 Added 12 months FY22/23 Added 12 months FY23/24 Added 12 months FY24/25 Triage Pov (10 beds)5/31/2021 191,273.50$ 191,273.50$ 382,547.00$ TP (30 beds)5/31/2021 661,401.50$ 661,401.50$ 1,322,803.00$ MHS (50 beds)5/31/2021 1,086,020.99$ 1,086,020.99$ 2,172,041.98$ Triage TP (37 beds)6/30/2021 -$ Triage (City Outside Dist.3 beds) TP (37 beds)814,000.04$ 814,000.04$ 1,628,000.09$ Add Regional Triage (City Outside Dist.3 beds) approx. 18 beds 395,260.98$ 395,260.98$ 790,521.96$ Subtotal 6,295,914.03$ Bridge MHS (33 beds)11/30/2021 638,750.00$ 638,750.00$ Subtotal 638,750.00$ Youth Bridge FEOC (12 beds)5/31/2021 163,942.00$ 163,942.00$ 327,884.00$ Additional Youth Services 47,261.10$ 47,261.10$ 94,522.20$ Youth Services FEOC (4 beds)6/30/2021 165,000.00$ 165,000.00$ 330,000.00$ Add Youth Services approx. 2 beds 82,500.00$ 82,500.00$ 165,000.00$ Add Madera Youth -$ 33,000.00$ 33,000.00$ Subtotal 950,406.20$ RRH WestCare 6/30/2022 839,965.88$ 839,965.88$ Add Madera RRH 82,000.00$ 82,000.00$ Subtotal 921,965.88$ Diversion WestCare 11/30/2021 402,000.00$ 402,000.00$ 804,000.00$ Add Madera Diversion 32,500.00$ 32,500.00$ Subtotal 836,500.00$ Family Services St Agnes 6/30/2021 -$ MMC 6/30/2021 45,366.52$ 45,366.52$ Pov 6/30/2021 -$ Subtotal 45,366.52$ City Outreach Kingsview 1/31/2021 492,761.15$ 103,477.25$ 596,238.40$ WestCare 6/30/2019 -$ Add Rural Outreach 250,000.00$ 250,000.00$ 500,000.00$ Add Madera Outreach 65,841.00$ 65,841.00$ 65,841.00$ 65,841.00$ 263,364.00$ Subtotal 1,359,602.40$ Employment Program FEOC 6/30/2021 -$ -$ Add Madera Strategic Planning -$ 570.26$ 570.26$ Subtotal 570.26$ Grand Total 11,049,075.29$ ALLOCATION 8% YOUTH 7% ADMIN CoC 2,954,437.15$ 236,354.97$ 206,810.60$ CoF 2,325,640.36$ 186,051.23$ 162,794.83$ City 6,158,246.18$ 492,659.69$ 431,077.23$ CoM 411,434.26$ 32,914.74$ -$ Total 11,849,757.95$ 947,980.64$ 800,682.66$ FAMILY SERVICES OUTREACH HHAP Joint Funding Plan - City of Fresno, County of Fresno, County of Madera, FMCoC TRIAGE BRIDGE YOUTH STRATEGIC PLANNING EMPLOYMENT PROGRAM STRATEGIC PLANNING RAPID REHOUSING DIVERSION City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00186 Agenda Date:2/13/2020 Agenda #:1-F APPOINTMENT February 13, 2020 SUBJECT Approve the reappointment of Scott Miller to the Fresno Regional Workforce Development Board, the appointment of Mike Karbassi to the Fresno Regional Workforce Development Board and the appointment of Brad Driscoll to the Fire and Police Retirement Board. City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00149 Agenda Date:2/13/2020 Agenda #:1-G REPORT TO THE CITY COUNCIL February 13, 2020 FROM:WILMA QUAN, City Manager City Manager’s Office SUBJECT ***BILL NO B-1 - (Intro. 1/16/2020) (For adoption) - Amending Section 9-2601 of the Fresno Municipal Code, relating to the use and possession of weapons. (Subject to Mayor’s veto) RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment:Revised Ordinance Additional Security Regulations City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ 1 of 6 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 9-2601 OF THE FRESNO MUNICIPAL CODE, RELATING TO THE USE AND POSSESSION OF WEAPONS THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9-2601 of the Fresno Municipal Code is amended to read: SECTION 9-2601. USE AND POSSESSION OF WEAPONS. (a) No person shall discharge a firearm into or within the city. (b) No person shall propel a missile by, or possess a sling shot, slung shot, bow or other instrument commonly used or which is designed for the throwing of any shot, bullet, rock, stone, arrow, or other missile. (c) No person shall hunt wildlife with any weapon described in this section. (d) No person under the age of eighteen years shall have in his or her possession any firearm within the city limits unless he or she, at all times during the possession, (1) has on his or her person the written consent of his or her parent or legal guardian, or (2) is accompanied by his or her parent or legal guardian, or (3) is participating in and going to and from an organized, lawful recreational or competitive shooting activity or lawful hunting activity. As used in this subdivision (d), "firearm" means any 2 of 6 firearm except (1) any pistol, revolver or firearm capable of being concealed upon the person as described in California Penal Code Section 12001, or (2) a B-B gun, pellet gun or spot-marking gun as described in California Penal Code Section 12001.1, or (3) any other firearm the possession of which by minors is regulated by State law. (e) This section shall not be deemed to make punishable the act of carrying or discharging a weapon in the lawful discharge of his or her duties by a public officer, or private person duly licensed therefor. (f) This section shall not apply to the keeping of weapons at a place of business or residence by a person eighteen years of age or older lawfully in possession of the property. (g) This section shall not apply to the keeping or use of weapons on the premises of any shooting gallery, practice range, skeet field, archery range, or similar place conducted at a fixed location and with regard to which adequate safeguards have been provided to protect persons and property from injury. (h) This section shall not apply to an organized hunt for the purpose of ridding premises larger than one acre of vermin, when the setting of traps or poison is impractical and the Chief of Police has approved the time, place, and method of the hunt. 3 of 6 (i) No parent, guardian, or any adult person having the control, custody, or charge of any person under the age of eighteen years, shall knowingly permit, allow, or let said person to use or possess a weapon in violation of this section. [(j) Notwithstanding California Penal Code Section 171b(a)(1), (b)(3), no person shall bring into or possess a weapon, including a concealed weapon as defined in PC Section 171b, in City Hall or any city owned or leased building, as may be posted at the entrance(s) of such building, except as follows: (1) Sworn law enforcement personnel on duty; (2) Sworn law enforcement off duty, upon showing law enforcement identification upon entry; (3) Armed security under contract with the city; (4) Retired City of Fresno police department officers authorized to carry weapons pursuant to 18 U.S.C. 926C, upon showing proper identification upon entry; and (5) The Fresno Police Independent Reviewer, if authorized to carry weapons pursuant to 18 U.S.C. 926C. (k) The city shall establish one or more points of entry to City Hall with a security checkpoint, including metal detector, to identify the presence of weapons or other prohibited items; all persons shall submit to 4 of 6 screening of their person and possessions upon entry to City Hall as a condition of entry to City Hall, except as follows: (1) Those identified as exceptions to subsection (j) above; and (2) City of Fresno charter officials, and anyone accompanying the Charter official into the building. (l) City of Fresno charter officials shall have electronic key card access to areas of City Hall as provided in a Council resolution. (m) In furtherance of City Hall security, that area of the City Hall parking lot providing for parking for charter officials shall be fenced and gated, and admission to that area shall be limited to charter officials and their vehicles, along with anyone accompanying the charter official. (n) A person otherwise lawfully in possession of a concealed weapon in violation of subsection (j) of this section, upon entering City Hall and being advised at a security checkpoint, shall be given the opportunity to immediately remove the weapon from the building rather than being cited under this section. (o) This ordinance shall not prohibit city officials and employees from carrying pepper spray at work and in city buildings, subject to approval of and conditions imposed by their appointing authority, and provisions of any applicable labor agreement. 5 of 6 (p) The Council, by resolution, may provide for and publish further security regulations and/or exceptions to implement this section. (j)[(q)] The Chief of Police is authorized to seize and impound any weapon which is kept, possessed or used in violation of this section, or the missile thereof, and to hold the same for a period of thirty days and until thereafter claimed by its owner. Such articles may not be returned to any person under the age of eighteen years but may be returned to his or her guardian or parent. (k)[(r)] This section shall not be deemed to make punishable an act or acts which are allowed or prohibited by any law of the State. SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2020. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2020 Mayor Approval/No Return: , 2020 Mayor Veto: , 2020 Council Override Vote: , 2020 YVONNE SPENCE, MMC CRM City Clerk 6 of 6 BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Katie Doerr Date Chief Assistant Additional Security Regulations for City Hall Authorized by FMC 9-2601 Entrance Screening Stations: ALL persons entering the building are subject to search. If you exit the building and return, you will go through the security screening process again. Plan ahead to allow enough time to get through security. The security screening process requires and includes, but is not limited to, passage through a metal detector device, a detailed examination of all hand-carried items sent through an x-ray machine, and a hand-wand and/or manual inspection. Upon entrance into the main lobby, security screening personnel will provide guidance through the screening process. All persons entering the building can expect to empty their pockets and place all contents into a container for x-ray screening. Items such as overcoats, purses, briefcases, backpacks, and parcels will be placed on the conveyor belt for x-ray screening. All persons can expect to walk through a metal detector device. If the x-ray machine or metal detector produces an alarm, security personnel will conduct further screening by use of a hand-held device. Security personnel may also conduct a physical search of personal articles to determine the cause of the alarm. Individuals possessing prohibited items will be advised to take the item[s] back to their vehicle before entrance into the building is permitted. Items prohibited by Statute are as follows: Any item or article having the potential to inflict or cause physical harm shall be inspected to determine whether it has been filed, sharpened, honed, or in any other manner altered to the extent that it meets the definition of prohibited weapons as defined in Penal Code Sections 12020 and 171b. Prohibited weapons include but are not limited to firearms, stun guns or tasers, switch blade knives/gravity knives having a blade longer than two inches, tear gas, explosives. Other items that are prohibited are as follows: No weapons are allowed within the building, per the terms of FMC 9-2601, with the exception of sworn law enforcement personnel and retired law enforcement personnel in good standing entitled to carry a weapon under 18 U.S.C. 926C, subject to verification. The following are prohibited, except as may be consistent with FMC 9-2601 and approved by an appointing authority for City employees for work purposes: Batons Sharp Metal Cans Box Cutters Spray Paint Ammunition Knives/Pocket Knives Razor Blades Scissors Illegal Drugs Large Glass Bottles Large Spray Guns Explosives Drug Paraphernalia Stun Guns Laser Pointers Tools of Any Kind Mace and Pepper Spray Torch Lighters Replica or Toy Guns Leatherman Tools Weapons of ANY KIND In addition to the items listed above, any object deemed potentially offensive and/or dangerous by Security personnel and/or by the Fresno Police Department, will not be allowed into the Building. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00216 Agenda Date:2/13/2020 Agenda #:1-H REPORT TO THE CITY COUNCIL February 13, 2020 FROM:MIGUEL ANGEL ARIAS, Council President SUBJECT ***RESOLUTION - Providing for regulations pursuant to Section 9-2601(p) of the Fresno Municipal Code, relating to the use and possession of weapons and security (Subject to veto). City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00202 Agenda Date:2/13/2020 Agenda #:1-I REPORT TO THE CITY COUNCIL February 13, 2020 FROM:WILMA QUAN, City Manager Office of Mayor and City Manager’s Office ALDI DODDS, Deputy City Manager Office of Mayor and City Manager’s Office SUBJECT RESOLUTION - Declaring Pride Park (APN 467-29-205T), Belmont/Dewitt (APN 456-030-34T) and 735 H Street (APN 467-040-23ST) to be surplus and directing staff to comply with the Surplus Land Act RECOMMENDATION Staff recommends that the City Council approve the attached Resolution declaring Pride Park (APN 467-29-205T),Belmont/Dewitt (APN 456-030-34T)and 735 H Street (APN 467-040-23ST)as potential surplus real property. EXECUTIVE SUMMARY On January 1,2020,the Surplus Land Act was amended to include additional requirements Cities must follow when disposing of surplus property.One of the new requirements states that a local agency’s governing body must take formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.The attached resolution brings forward three properties,Pride Park (APN 467-29-205T),Belmont/Dewitt (APN 456-030-34T)and 735 H Street (APN 467-040-23ST),for Council’s consideration.The three properties are not necessary for the City of Fresno’s (City)use and must be declared surplus property in order to proceed with the additional Surplus Land Act requirements and disposition of the properties. BACKGROUND Modification of the Surplus Land Act went into effect January 1,2020.The definition of local agency was revised to include “every city”and as such it applies to charter cities.The modifications are summarized below: ·Requires legislative bodies to take formal action in a regular public meeting to declare land City of Fresno Printed on 12/12/2022Page 1 of 2 powered by Legistar™ File #:ID 20-00202 Agenda Date:2/13/2020 Agenda #:1-I surplus; ·Prohibits the negotiations between a disposing agency and interested entities from including deal terms that would reduce or disallow residential use of the site; ·Requires disposing agency to send a notice of availability to specified agencies and housing sponsors that have notified the Department of Housing and Community Development of their interest. Agencies have 60 days to respond; ·Requires disposing agency,prior to agreeing to the terms for the disposition of surplus land,to provide specified information about its disposition process to the Department of Housing and Community Development (HCD).HCD then has 30 days to review the information and submit written findings to the disposing agency if HCD determines the proposed land disposal will violate requirements of this new law.Violations would be subject to monetary penalties or enforcement action.HCD is required to implement these provisions beginning January 1, 2021; ·Requires disposing agency to develop a list of specified sites owned by the city that have been sold,leased or otherwise disposed of in the prior year.The list must include the entity to whom each site was transferred and the intended use for the site. Declaring the properties surplus will allow the City to fulfill the additional requirements of the Surplus Land Act and move forward with disposition. ENVIRONMENTAL FINDINGS This is not a project for the purposes of CEQA. LOCAL PREFERNCE Approval of this resolution is not subject to local preference. FISCAL IMPACT There is no fiscal impact to the City. Attachment: Resolution City of Fresno Printed on 12/12/2022Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00172 Agenda Date:2/13/2020 Agenda #:1-J REPORT TO THE CITY COUNCIL February 13, 2020 FROM:YVONNE SPENCE, City Clerk City Clerk’s Office SUBJECT RESOLUTION - Amending certain designated positions which shall be subject to the Conflict of Interest Code and defining categories of disclosure for such positions RECOMMENDATION To continue to comply with the Political Reform Act, staff recommends that the attached resolution revising some of the Exhibits to the City of Fresno’s Conflict of Interest Code be adopted. EXECUTIVE SUMMARY The Political Reform Act requires all governing agencies to review and update their Conflict of Interest Code, annually if necessary. As April 1, 2020 is the filing deadline for 2019, the Council and Agency Board customarily conducts this review in November of each year so that required filers are identified prior to the annual filing period of January 1, 2020 through April 1, 2020. BACKGROUND In accordance with the Political Act of 1974, the City Council and the Redevelopment Agency Board (“Board”) is the code reviewing body for the City of Fresno’s Conflict of Interest Code. Part of the City of Fresno’s Conflict Code consists of the Exhibits, which list the employee classifications required to file statements of economic interests, together with the types of economic interest those employees filing the classifications must disclose. This item was before Council for approval on November 14, 2019 and was approved as Council Resolution 2019-233 and Successor Agency to the Redevelopment Agency Resolution number 43. Since then, several changes have been identified and submitted to the City Clerk’s Office. The requested changes are outlined in the exhibits in “red”. ENVIRONMENTAL FINDINGS - NA LOCAL PREFERENCE - NA City of Fresno Printed on 12/12/2022Page 1 of 2 powered by Legistar™ File #:ID 20-00172 Agenda Date:2/13/2020 Agenda #:1-J FISCAL IMPACT - NA Attachment:Amended Exhibits City of Fresno Printed on 12/12/2022Page 2 of 2 powered by Legistar™ COUNCIL RESOLUTION NO. ----- A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DESIGNATING POSITIONS WHICH SHALL BE SUBJECT TO THE CONFLICT OF INTEREST CODE AND DEFINING CATEGORIES OF DISCLOSURE FOR SUCH POSITIONS WHEREAS, under the provisions of the Political Reform Act of 1974, the Council of the City of Fresno is the code reviewing body for the Conflict of Interest Code for the City of Fresno; and WHEREAS, on July 23, 1979, the Council of the City of Fresno adopted Article 20 of Chapter 2 of the Fresno Municipal Code, referred to as the Conflict of Interest Code and was subsequently amended on June 26, 2007, by Ordinance No. 2007-55, effective September 4, 2007, adopting Article 9 of Chapter 2; and WHEREAS, the Council of the City of Fresno has designated certain positions which are subject to the Conflict of Interest Code; and WHEREAS, title and organizational changes have been affected since such designation; and WHEREAS, the City Clerk's Office is submitting to the Council an updated list of certain positions and the categories of disclosure required for such positions. NOW, THEREFORE, BE IT RESOLVED the Council does hereby resolve as follows: 1.All positions with the classification of E1 and E2 must file an Annual Conflict of Interest Statement encompassing categories one through three; and 2.The attached Exhibits "A" through "T", incorporated by reference, with the exception of Exhibit "O", list certain positions which shall be subject to the 1 of 2 Date Adopted: Date Approved: � Effective Date: City Attorney Approval: Resolution No. Conflict of Interest Code and the categories of disclosure required for such positions; and 3.Resolution 2019-233 is hereby repealed. 4.Successor Agency to the Redevelopment Agency Resolution No. SA-43 and Exhibit "O" attached to that resolution remain in full force and effect. * * * * * * * * * * * * * * STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2020. AYES NOES ABSENT ABSTAIN YVONNE SPENCE, MMC CRM City Clerk By:----------- APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: ___________ _ Laurie Avedisian-Favini Date Assistant City Attorney Deputy Attachment: Exhibit A through Exhibit T (excluding Exhibit 0) 2 of 2 Date City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00212 Agenda Date:2/13/2020 Agenda #:1-K REPORT TO THE CITY COUNCIL DATE:February 13, 2020 FROM:COUNCIL PRESIDENT ARIAS, District 3 COUNCILMEMBER SORIA, District 1 BY:YVONNE SPENCE, City Clerk Office of the City Clerk SUBJECT ***RESOLUTION - Providing for Honorary Flag Raising and Lighting of City Hall (Subject to Mayor’s Veto) RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment:Resolution City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00183 Agenda Date:2/13/2020 Agenda #:1-L NOTIFFICATION OF APPOINTMENT February 13, 2020 Approve the appointment of Steven Bradley to the Bicycle and Pedestrian Advisory Committee City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ NOTIFICATION OF APPOINTMENT TO BOARD OR COMMISSION TO: City Council THROUGH: Yvonne Spence, City Clerk BY: Councilmember Bredefeld Reappointment X New Appointment Name of person replaced: Joshua Willis Name: Steven Bradley Address: Fresno, CA 93720 Home Phone: Appointed to: Bicycle and Pedestrian Advisory Committee District 6 Appointee City Council Agenda 2/13/20 From:Nicole DeMera To:Cindy Bruer; Briana Parra Cc:Yvonne Spence Subject:NOTIFICATION OF APPOINTMENT TO BOARD OR COMMISSION Steven Bradley BPAC Date:Wednesday, January 29, 2020 10:42:57 AM Attachments:NOTIFICATION OF APPOINTMENT TO BOARD OR COMMISSION Steven Bradley BPAC 1-29-20.docx Steven Bradley.pdf Good Morning, We would like to please appoint Mr. Steven Bradley to fill our District 6 vacancy on the BPAC Committee. Attached please find his application and the paperwork for his appointment. If you have any questions, please do not hesitate to contact me. Sincerely, Nicole Nicole DeMera Chief of Staff Councilmember Garry Bredefeld Council District 6 (559) 621-7861 Nicole.demera@fresno.gov City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00177 Agenda Date:2/13/2020 Agenda #:1-M REPORT TO THE CITY COUNCIL February 13, 2020 FROM:JENNIFER K. CLARK, Director Planning and Development Department BY:ROXANE MORSE, Business Manager Planning and Development Department ANDREIA CUEVAS, Personnel Manager Planning and Development Department SUBJECT ***RESOLUTION -8th Amendment to the Position Authorization Resolution (PAR)No.2019-134 adding two (2)positions to the Planning and Development Department,effective March 1,2020 (Subject to Mayor’s Veto). RECOMMENDATION Staff recommends that Council approve the Eighth (8th)Amendment to the Position Authorization Resolution No.2019-134 to add two (2)full time positions to the Housing Division of the Planning and Development Department. EXECUTIVE SUMMARY Staff recommends the Council adopt a resolution approving additional positions in FY20 to ensure timelines are met and to reduce the use of contractors.The recommended resolutions will not result in additional costs as there is already sufficient money in the Housing budget to cover these costs. BACKGROUND Per Council’s request to cease the use of outside consultants in the Housing (HUD)Division,the Planning and Development Department is requesting the addition of two (2)full time positions for the final four (4)months of FY20.This will begin the transition to internal administration of all programs to be completed by Fall 2020.Please see Attachment A for each justification.These positions will not affect the General Fund as they will be fully grant funded. ·One (1) Senior Management Analyst City of Fresno Printed on 12/12/2022Page 1 of 2 powered by Legistar™ File #:ID 20-00177 Agenda Date:2/13/2020 Agenda #:1-M ·One (1) Real Estate Finance Specialist ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented because this item does not include an award of a contract. FISCAL IMPACT There is sufficient funding available in the FY20 CDBG appropriation to cover the associated expenses for these two (2) positions. No additional funding is being requested. Attachments: 1.Attachment A - Housing (HUD) Positions 2.Resolution City of Fresno Printed on 12/12/2022Page 2 of 2 powered by Legistar™ Attachment A: Housing (HUD) Positions Senior Management Analyst The Senior Management Analyst will be responsible for providing responsible administrative support for a portfolio of grant-funded functions and activities funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. Currently, these functions are performed by an outside firm pursuant to a consultant services agreement with the City. The addition of this position will allow the Department to secure permanent staff for implementing these CDBG functions and activities. The Senior Management Analyst will ensure compliance with HUD CDBG requirements, including the annual timeliness tests, as well as federal uniform administrative requirements and other cross-cutting federal requirements. This position will perform a wide variety of professional level research, administrative, and analytical duties pertaining to HUD CDBG guidelines. Grant analysis, budget development, financial analytics, and statistical reports will be daily duties completed by the Senior Management Analyst to oversee Federal obligations. Ongoing Federal compliance is necessary for the City to continue to support the Housing grant programs to the community. The most complex, rigorous, and sensitive projects, pertaining to HUD CDBG will be a priority for this position as these projects require comprehension and knowledge of Federal and State legal housing requirements. As the outside consulting agreement dissipates, this position will absorb many of the functions and obligations currently performed by the company. Real Estate Finance Specialist I/II The Real Estate Finance Specialist I/II is trained to analyze borrowers and real estate transactions in accordance with lending requirements or guidelines for government programs that are frequently “non-conforming” with respect to generally accepted practices. The Housing Division is in need of this position to directly interact with an array of specialty program participants over the course of a relatively complex and lengthy process which involves the homeowner, the Division’s rehabilitation specialist, outside construction consultants, title/escrow companies, many lenders, insurance carriers, attorneys, loan servicers, etc. In addition to processing, the Real Estate Finance Specialist I/II must also facilitate, coordinate and sometimes hand-hold one or more of the parties as the lengthy processes are completed. This position will be a priority as real estate expertise will be a necessity through our transition from outside specialty contract assistance. An increased pipeline of rehabilitation projects will require the Department to increase its capacity to undertake the additional volume. This additional position will allow the City to increase its Housing Rehabilitation pipeline by 30%. This is a significant increase that would benefit the community and allow for heightened access to housing grants and programs. The Housing Rehabilitation Specialist (HRS) provides essential services in inspecting and evaluating housing structures in accordance with the City’s housing rehabilitation programs and building codes. The additional position allots for a rise in housing evaluations and program utilization for the public. The HRS provides critical administrative support for the housing programs, and technical assistance to frequently inexperienced homeowners. This position will benefit the department through increased program awareness, preparation of community cost estimates, and specifications for public rehabilitation work. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00178 Agenda Date:2/13/2020 Agenda #:1-N REPORT TO THE CITY COUNCIL February 13, 2020 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:GLENN A. KNAPP, Supervising Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve a Second Amendment to the Consultant Services Agreement with Dennis R.Keller -James H.Wegley Consulting Engineers,to extend the Agreement from December 31,2019,to May 31, 2020,for the Upper San Joaquin River and Friant Kern Canal 5-Year Sanitary Survey Update,with no change to the previously authorized contract amount of $55,385 (Citywide) RECOMMENDATIONS Staff recommends that City Council approve a Second Amendment to the Consultant Services Agreement with Dennis R.Keller -James H.Wegley Consulting Engineers (Keller/Wegley),to extend the Agreement to May 31,2020,for the Upper San Joaquin River and Friant Kern Canal 5-Year Sanitary Survey Update (Project)as required by the State Water Resources Control Board (SWRCB) and authorize the Director of Public Utilities,or designee,to sign the Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The City utilizes surface waters from the Upper San Joaquin River and Friant Kern Canal in the treatment and production of potable water at its 30 million gallon per day Northeast Surface Water Treatment Facility (NESWTF).For the continued operation and permitting of the NESWTF,the SWRCB requires Sanitary Survey Updates be performed every five years which identify and monitor potential impacts to water quality from these sources.Keller/Wegley is uniquely qualified to perform these services through their long-term efforts related to generation of the original 1998 Sanitary Survey for the City.Their intimate knowledge of SWRCB requirements have resulted in delivery and acceptance of previous 5-year updates in 2002,2008,and 2013.This Second Amendment will City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00178 Agenda Date:2/13/2020 Agenda #:1-N extend the Consultant Services Agreement to May 31, 2020, to allow for SWRCB review. BACKGROUND In compliance with SWRCB requirements,watershed sanitary surveys must be conducted to identify conditions that may affect water quality when surface waters are to be utilized for the treatment and production of potable water.The SWRCB also requires that potential changes to watershed conditions be verified every five years through submission of 5-Year Sanitary Survey Updates. In 1998,through a cooperative Memorandum of Understanding with ten other participating cities and districts,Keller/Wegley prepared and submitted the initial sanitary survey of the Upper San Joaquin River Watershed and Friant Kern Canal.The Sanitary Survey addresses watershed conditions and the specific needs of the City and each participating entity. With this unique and intimate knowledge,Keller/Wegley has provided the City and other participating entities the subsequent 5-year sanitary surveys updates in 2002,2008,and 2013 to satisfying SWRCB requirements. On April 5,2018,the City entered into a Consulting Services Agreement with Keller/Wegley Engineers in the amount of $55,385 for the Upper San Joaquin River and Friant Kern Canal 5-Year Sanitary Survey Update as required by the State Water Resources Control Board.The First Amendment extended the Consultant Services Agreement to December 31,2019,to complete the Project.Due to personnel changes within the SWRCB,this Second Amendment will extend the Consultant Services Agreement to May 31,2020,to allow for SWRCB review of submitted draft documents. No additional compensation is being negotiated. Attorney’s Office has reviewed and approved as to form this Second Amendment to the Agreement. Upon approval by the City Council,the Second Amendment to Agreement will be executed by the Director of Public Utilities, or his designee. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378(b)(5),this is not a “project”for the purpose of CEQA,as this is an organizational or administrative action of the government to enforce an existing obligation,and will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing consultant services agreement. FISCAL IMPACT There is no impact to the General Fund.This Project is located Citywide.Appropriations for these sanitary survey updates were encumbered in the Water Operating Division budget and will fund these expenditures. City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00178 Agenda Date:2/13/2020 Agenda #:1-N Attachments: Attachment 1 - Second Amendment to Agreement Attachment 2 - Original Consultant Agreement and First Amendment to Agreement City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES THIS AGREEMENT is made and entered into effective the G m day of J,..pn. l 2018, by and between the City OF FRESNO, a California municipal corporation (City), and Dennis R. Keller -James H. Wegley Consulting Engineers, a California Partnership (Consultant). RECITALS WHEREAS, City desires to obtain professional engineering consulting services for the 5- Year Sanitary Survey Update for the Upper San Joaquin River Watershed and Friant-Kern Canal (Project); and WHEREAS, Consultant is engaged in the business of furnishing services as a professional engineering consultant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for City by its Director of Public Utilities (Director) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. Consultant shall perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or May 14, 2019, subject to any earlier termination in accordance with this Agreement. The services of Consultant as described in Exhibit A are to commence upon City's issuance of a written "Notice to Proceed." Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 400 consecutive calendar days from such authorization to proceed. 3. Compensation. (a) Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of $50,350, and a contingency amount not to exceed $5,035, for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director. Such fees include all expenses incurred by Consultant in performance of such services. DPU-B Short Fonn Total Fee -Contingency (04-30-14) BMC:prn -1- (b) Detailed statements shall be rendered monthly and will be payable in the normal course of Ci ty business. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Consultant's compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized represen tative for each party. Con sultant shall not be en titled to any additional compensation if services are performed prior to a signed written amendment. 4. Termina tion, Remedies and Force Majeure. (a) This Agreement shall terminate without any liability of City to Consultant up on the earlier of: (i) Consultant's filing for protect ion under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Consultant; (ii) 7 calendar days prior written notice with or without cause by City to Consultant; (iii) City's non appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to City any and all unearned payments and all proper ties and materials in the possession of Con sultant that are owned by City. Subject to the terms of this Agreement, Consultant shall be paid compensation for services satisfactorily p erformed prior to the effective date of termination. Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the even t of termination due to failure of Consultant to satisfactorily p erform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City's damages caused by such failure. In no even t shall any payment by City pursuant to this Agreement con stitute a waiver by City of any breach of this Agreement which may then exist on the part of Consultant, nor shall such payment impair or prejudice any remedy available to City with resp ect to the breach. (d) Upon any breach of this Agreement by Consultan t, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Consultant shall provide City with adequate written assurances of fu ture performance, upon Director's request, in the event Consultant fails to comply with any terms or conditions of this Agreement. (f) Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reas onable control of Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual ca pacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn -2- carriers. Consultant shall notify Director in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence. 5. Confidential Information. Ownership of Documents and Copyright License. (a) Any reports, information, or other data prepared or assembled by Consultant pursuant to this Agreement shall not be made available to any individual or organization by Consultant without the prior written approval of City. During the term of this Agreement, and thereafter, Consultant shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all original sketches, pencil tracings of working drawings, plans, computations, specifications, computer disk files, writings and other documents prepared or provided by Consultant pursuant to this Agreement are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement or default by Consultant. Consultant grants City a copyright license to use such drawings and writings. Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. City may modify the design including any drawings or writings. Any use by City of the aforesaid sketches, tracings, plans, computations, specifications, computer disk files, writings and other documents in completed form as to other projects or extensions of this Project, or in uncompleted form, without specific written verification by Consultant will be at City's sole risk and without liability or legal exposure to Consultant. Consultant may keep a copy of all drawings and specifications for its sole and exclusive use. (c) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Consultant represents to City that Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Consultant and any subcontractors to do and perform such services in a skillful manner and Consultant agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Consultant or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages DPU-B Short Fam, Total Fee -Contingency (04-30-14) BMC:prn -3- (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City's Risk Manager or designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except DPU-8 Short Fom, Total Fee -Contingency (04-30-14) BMC:prn -4- that any required certificates and applicable endorsements shall be on file with Consultant and City prior to the commencement of any services by the subcontractor. Consultant and any subcontractor/sub-consultant shall establish additional insured status for City, its officers, officials, employees, agents and volunteers by using Insurance Service Office (ISO} Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 1 O 01 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 9. Conflict of Interest and Non-Solicitation. (a} Prior to City's execution of this Agreement, Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, Consultant shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Consultant in such statement. (b} Consultant shall comply, and require its subcontractors to comply, with all applicable (i} professional canons and requirements governing avoidance of impermissible client conflicts; and (ii} federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.}, the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.} and Section 4-112 of the Fresno Municipal Code (Ineligibility to Compete}. At any time, upon written request of City, Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Consultant and the respective subcontractor(s} are in full compliance with all laws and regulations. Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Consultant shall immediately notify City of these facts in writing. (c} In performing the work or services to be provided hereunder, Consultant shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d} Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. ( e} Neither Consultant, nor any of Consultant's subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. (f} If Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Consultant shall include the DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn -5- provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event Consultant maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Consultant at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by City's Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact City's Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (iii) Cooperate with and demonstrate to the satisfaction of City's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or designee. (b) Records of Consultant's expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11 (b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Consultant shall have provided evidence to City that Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, Consultant shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn -6- 12. Nondiscrimination. To the extent required by controlling federal, state and local law, Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Consultant agrees as follows: (a) Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Consultant shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Consultant's employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. ( d) Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of Consultant's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ( e) If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, Consultant is acting solely as an independent contractor. Neither Consultant, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn -7- method by which Consultant shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Consultant is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Consultant and City. Consultant shall have no authority to bind City absent City's express written consent. Except to the extent otherwise provided in this Agreement, Consultant shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Consultant and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Consultant shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Consultant's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, Consultant may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to Consultant and there shall be no assignment by Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Consultant hereby agrees not to assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Consultant directly to Consultant. DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn -8- 17. Compliance With Law. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local adm inistrative and regul atory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings . The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severabil ity. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The pa rties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be am biguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Pa rty Beneficiaries. The rights, interests, duties and obligations defined DPU-B Short Fonn Total Fee -Contingency (04-30-14) BMC:prn -9- within this Agreement are intended for the specific parties hereto as ide ntified in the pream ble of this Agreement. Notwithsta nding anyth ing stated to the contrary in this Agreement, it is not intended that any rights or interests in this Ag reement benefit or flow to the interest of any third parties. 28. Extent of Agree ment. Each pa rty acknowledges that they have read and fully understand the conte nts of this Agree ment. This Agreement represents the entire and integ rated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiatio ns, representations or agreements, either written or oral. This Agreement may be mod ified only by written instru ment duly authorized and executed by both City and Cons ultant. [Signatures follow on the next page.] DPU-B Short Form Total Fee · Contingency (04-30-14) BMC:prn -1 0- IN WITN ESS WHEREOF, the parties have executed this Agreement at Fresno, Californ ia, the day and year fi rst above written. APPROVED AS TO FORM: DO UGLAS T. SLO City A ATT EST: YVONNE SPENCE, MMC City Clerk Dennis R. Keller -James H. Wegley Consulting Engineers, a California Partnership By: �ffY\#? Wt,,, Name: :r o., ffiQ,.S /.t)e5 l"-y Title: Pa.c t-n, e.. c (If corporation or LLC., Board Chair, Pres. or Vice Pres .) By:� �.�L� Name: ��� \?, \a(k.J Title : p�� (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) By: \fnelA.<J a ":1J2/ . .,r/; _ Any Applicable Professional License: A ,1 �M / � /t 8 Number: __..c __ +....,.3.._'o-""'3 ______ _ Deputy Mt,r� I'll Uf,"' Name: :Io.roo 1-L W e%1c..'1 Date of Issuance: Cc,, -l cbe c 9 1 19 rt4- REVI EWED BY: Michael Carbajal, Planning Manger Department of Public Utilities Addresses: City: City of Fresno Atte ntion: Glenn A. Knapp, P.E., Professional Engineer 2101 G Street, Building A Fresno, CA 93706 Phone: (559)62 1-1 624 FAX: (559) 457-1238 Att ach ments: 1. 2. Exhibit A -Scope of Services Exhibit B -Insurance Requirements Consultant: Dennis R. Keler -James H. Wegley Consultant Engineers Atte ntion: James H. Wegley, Partner 209 S Locust Street Visalia, California 93291 Phone: (559) 732-7938 FAX: (559) 732-7937 3. Exhibit C -Conflict of Interest Disclosure Form DPU-8 Short Form Total Fee · Contingency (04-30-14) BMC:prn -1 1- EXHIBIT 'A' SCOPE OF SERVICES UPDATE TO THE SANITARY SURVEY OF THE UPPER SAN JOAQUIN RIVER WATERSHED AND FRIANT-KERN CANAL KELLER WEGLEY CONSULTING ENGINEERS GENERAL Page 1 of 9 The State Water Resources Control Board (State Board), Division of Drinking Water (DDW) requires that sanitary surveys be conducted every five (5) years for all users of surface water sources. The original sanitary surveys for the Upp er San Joaquin River Watershed and Friant-Kem Canal were completed on behalf of tho se public water utilities that use these sources of water supp ly. An update to these surveys was completed in October, 20 10. KeJ ler/Wegley will complete the update for the City of Fresno by separate Agreement from other agencies and public water uti lities jointly participating by a Memorandum of Understanding (MOU) as required to meet DDW requirements. This scope of services establishes the work to be conducted in completion of the sanitary survey for the City of Fresno and will be used without further validation by Keller/Wegley. Approach : San Joaquin River Watershed Sanitary Survey The 20 IO watershed sanitary survey report for the Upper San Joaquin River will be updated by conducting a survey of portions of the watershed to identify new potential contaminating acti vities; reviewing and summarizing the source and treated water quality data over the past five years for surface wate r treatment plants; evaluating the water quality as it applies to regulatory compliance, including compliance with regulations adopted since 20 10 that addre ss pathogenic organisms and disinfection by-products; identifying changes in watershed and/or management practices; and summarizing the status with regard to the recommendations made in the 20 10 report. EXHIBIT 'A' 5-Year Sanitary Survey Update Page 2 of 9 Current comments and recommendations provided by DOW will be incorporated into the updated report. The scope for the Watershed Sanitary Survey Update was submitted to DOW on September 20, 20 17. Work Tasks: San Joaquin River Watershed Sanitary Survey Update The following work tasks for the scope of services relative to the San Joaquin River Watershed Sanitary Survey Update shall be performed by AECOM: Task 100 -Water Quality & Information Gathering Consult with the DOW, Department of Water Resources (DWR), Regional Water Quality Control Board (R WQCB), and Fresno County and Madera County staff, and other agencies to obtain the required information to update the 20 10 report including the following: Water quality (raw and treated) and water quantity records for each surface water treatment plant located in the wate rshed. Trends in water quality will be evaluated. Status of compliance of each surface water treatment plant with current surface water treatment and disinfection byproduct regulations. Studies conducted with in the watershed relative to stream water quality, wastewater impacts, stream flow, or wate rshed management practices. Update information regarding current water treatment practices by water users. Significant land use changes or discharges/spills that have occurred since 20 10 with emphasis on new potential for pollution/contamination hazard s. Information regarding maintenance and operation of any water faci lities (reservoirs, etc.) to be obtained from the responsible management agencies. EXHIBIT 'A' 5-Year Sanitary Survey Update Page 3 of 9 Information on recent pollution/contamination occurrences in the watershed as known to the DDW, RWQCB, the Fresno County Health Department, Madera County Environmental Health and others. The obtained information will be evaluated and discussed as appropriate within the update report. Task 200 -Fjeld Survey of the Upo er San Joaqu in River Watershed The portions of the San Joaquin River will be visually inspected especially in the vicinity of surfac e water treatment plant intakes and locations near any wastewater disposal facilities. During this field survey , both existing and potential water contam inati on hazards will be noted, and changes from the prior survey will be documented, photographed, and recorded on USGS mapping, avai lable aerial photograph and/or OPS mapping, and with a OPS locator. Task 300 -Status of Origi nal Reco mmendations The status and implementation of each recommendation made in the original watershed sanitary survey and the 20 IO update will be evaluated and described. Was it implemented as recommended? When? Still being done? What was learned? Was it not implemented as recommended? Why not? Will it be implemented in the future? If not, why? If new signifi cant information was generated as a result of implementati on, the findings and conclusions of this new information will be summ arized and described as well as whether its implementati on should be continued. EXHIBIT 'A' 5-Year Sanitary Survey Update Page 4 of 9 Task 400 -Water Quality and Regu latory Compliance Evaluation Water quality data and surface water treatment plant compliance information obtained from others under Task 100 will be summarized and evaluated . The ability of the Upper San Joaquin River water to reliably meet current drinking water stan dards and surface water treatment regulations will be evaluated for each surface water treatment plant. Task SOO -Draft Report Prepa ration The work efforts in Tasks 100 through 400 will be documented and summarized in a draft report with overall findings, conclusions, and recommendations. An electronic copy of the draft report will be submitted to Keller/Wegley for dissemination to participating water users and DOW for review and comments. Task 600 -Draft Repo rt Meeting with DDW A meeting with DDW staff will be held in Fresno to discuss the DDW review comments on the draft report and its conclusions and recommendations. This meeting will also be attended by interested participating water users. Task 700 - Preparation of Final Report Subsequent to receipt of DDW's final review comments, a final project report will be prepared. A total of fifteen copies of the final proj ect report will be submitted for distrib ution to contracted agenc ies, including one reproducible copy and one complete set of the report on CD in Adobe portable document format (pdt) format . Other formats can be pro vided on request. Approach: Friant-Kern Canal Sanitary Survey In preparing this update, existing information provided by contracted agencies, other agencies and testing laboratories will be gathered. Similar to the original 1998 report and EXHIBIT 'A' S-Year Sanitary Survey Update Page S of 9 20 10 update, this updated sanitary surv ey, covers the 152-mile length of the canal, and will provide current information associated with documented land uses, canal management, domestic water users, raw water qual ity, cross connections and recommendations associated with monitoring and maintaining the wate r quality in the canal. Work Tasks: Friant-Kern Canal Sanitary Survey Update The following work tasks for the scope of services relative to the Friant-Kem Canal Sanitary Survey Update shall be performed : Task No. 800 -Field Investiga tion A visual inspection of the Friant-Kem Canal will be conducted. During the field investigation, existing contamination hazards will be reviewed and update d. A meeting will be held with the Friant Water Authority (FWA) regarding canal operati ons. New potential contamination hazards will also be identified, documented and mapped. Changes from the previous field survey will also be documented including canal discharges and activities within the wate rsheds of said discharges. All field information will be located according to milepost stationing along the Friant-Kem Canal. Task No. 900 -Water Quality Rev iew Water quality data will be compiled to bring the existing (20 10) rep ort's data current . This will include water quality information on the discharges into the canal and the water in the canal. New data sources may be identified that will be used to supplement the sanitary survey . Task No. 1000 -Sanitary Survey Review A review will be performed of all elements of the existing sanitary survey consisting of: findings from the field investi gati ons, wate rshed and land use characteristics (including EXHIBIT 'A' 5-Year Sanitary Survey Update Page 6 of9 grazing and feed lots), potential contamination sources (including agricultural , domestic and industri al), canal operations and management, hazmat concerns, earthquake faults, domestic water users and cross connections. Records maintained by the State Board, Regional Water Quality Control Board, Department of Water Resources, FWA, Emergency Servi ces, California Highway Patrol, Fresno, Tulare and Kern Counties will be reviewed . The findings of this sanitary survey will be listed with comparisons made to the previous survey and changes duly noted. Task No. 1100 -Evaluation of Ex isting and/or New Water Treatment Plants Water quality and quantity records for surface water treatment facilities will be reviewed and evaluated. Status of emergency planning for natural and man caused disasters will be reviewed and discussed. Staffing and plant operations will be reviewed and discussed. Regulatory compliance for existing water treatment facilities will also be assessed. Considerati ons regarding ongoing regulatory compliance ( disinfection by products, crypto sporidium removal, etc.) will be established. Task No. 1200 -Upd ated Asses sment Review of the previous sanitary survey 's recommendati ons will be perfo rmed and evaluate the extent of implementation. The stat us of each recommendation will be documented and evaluated as to effectiveness, possible changes to the earlier recommendations identified and/or necessity for continuation of activity . Based upon the efforts of Task Nos. 800 through 1200, new and/or additional recommendations may be recommended for implementation. EXHIBIT 'A' 5-Year Sanitary Survey Update Page 7 of 9 Task No. 1300 -Repo rt Prepa ration The results of Task Nos. 800 through 1200 will be presented in a draft report. The draft report will represent the update to the existing sanitary surve y. The draft report will document the new information, evaluati ons and recommendations for ongoing/future activities. A meeting will be held with DDW staff and the individual agenci es to discuss their rev iew comment s regarding the content of the draft report. Based on the comments received on the draft report, a final report will be prep ared. The final report will addre ss the DDW review comments and comments received by participating agencies. The final report will present the findings, conclusions and recommendations resulting from the sanitary survey update . Two copies of the final report for DDW and one copy for each participating agency will be prepared along with an electroni c copy of the final report in Adobe Acrobat (pdf) format for each report recipient. Task No. 1460 -Management To reduce the financial burden on the eleven (11) agenc ies that are required to complete a sanitary survey for the Upper San Joaquin River Watershed and Friant-Kem Canal, the agencies have agreed to jointly (whether by MOU or separate agreement) complete a single study to satisfy the federal and state requirement. Thi s coordination between the agencies has required management and oversight acti vities in addition to the required engineering tasks undertaken in the report preparation. EXHIBIT 'A' 5-Year Sanitary Sunrey Update Page 8 of 9 REUSE OF INFORMATION The information provided in preparing this update to the sanitary survey shall not be used for any other purpo se. Use of the information contained in said update and any conclusions developed therefrom without written consent of Keller/Wegley will be at the sole risk and liability of those using said information. It is understood by any Consultant, Governmental Agency and/or contracted agencies that the circulation of the sanitary survey update and the information contained therein shall be limited to the extent allowable by law. FEES The total estimated fee for the City of Fresno in receiving the report and benefits related to completion of the San Joaquin River Watershed and Friant-Kern Canal Sanitary Survey Update is $55,385 (wh ich includes an 10% contingency). The noted fee is a shared-cost amount, prorated on water use and portions of the Friant-Kem Canal uti lized by particular agencies. This fee will not be the responsibility of other agencies jointly participating by a Memorandum of Understanding (MOU) through separate Agreement, but will be borne entirely by the City of Fresno, with consultant fees paid directly to Keller/Wegley through standard monthly invoicing. SCHEDULING It is proposed that the Proj ect be completed according to the following schedule subsequent to Notice to Proceed with a total proj ect timeline of 400 calendar days. The Project schedule may be adjusted in response to proj ect predecessors (i.e. DOW reviews , etc.), and in accordance with the provisions of developed Agreements for completion of the sanitary survey update. Scheduling of work tasks for completion of the sanitary survey update are presented on Table 1, below: EXHIBIT 'A' 5-Year Sanitary Survey Update Page 9 of 9 ---------- Project Scheduling: TABLE l (Cale ndar Days follow ing Notice to Proceed) San Joaquin River Watershed Sanitary Survey Upd ate Task Duration Task 100 45 days Task 200 85 days Task 300 100 days Task 400 150 days Task 500 14 days after receipt of DDW Comments Task 600 30 days following meeting with DDW Task 700 45 days after receipt ofDDW comments F1iant-Kern Canal San itary Survey Update Task Duration Task 800 45 days Task 900 60 days Task 1000 90 days Task 1100 150 days Task 1200 180 days Task 1300 45 days after receiving comments from DDW and Participants Estimated Total Time for Completion = 400 days EXHIBIT B INSURANCE REQUIREM ENTS Consultant Service Agree ment between City of Fresno (City) and Dennis R. Keller -James H. Wegley Co nsulting Engineers (Consultant) 5-Year Sanitary Survey Update for the Upper San Joaquin River Watershed and Friant-Kern Canal MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to Consultant's profession. Architect's and engineer's coverage is to be endorsed to include contractual liability. MINIMUM LIM ITS OF INSURANCE Consultant, or any party the Consultant subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMM ERCIAL GENERAL LIABI LITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn Page 1 of 4 2. COMM ERCIAL AUTOMOBILE LIAB ILITY: $1,000,000 per accident for bodily injury and property damage. OR* PERSONAL AUTOM OBILE LIABILITY insurance with limits of liability not less than: (i) $100,000 per person; (ii) $300,000 per accident for bodily inju ry; and, (iii) $50,000 per accident for property damage. 3. WORKERS' COMPENSATI ON INSURANCE as required by the State of California with statutory limits. 4. EMPLOYER'S LIABI LITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. PROFESSIONAL LIABI LITY (Errors and Omissions): (i) $1,000,000 per claim/occurrence; and, (ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURAN CE In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, offi cials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and Consultant shall also be responsible for payment of any self insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the City's Risk Manager or designee. At the option of the City's Risk Manager or designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to City's Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn Page 2 of 4 shall City be responsible for the payment of any deductibles or self insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. Consultant shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents and volunteers shall be excess of Consultant's insurance and shall not contribute with it. Consultant shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Wo rkers' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first. DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn Page 3 of 4 4. A copy of the claims reporting requirements must be submitted to City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of in surance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to City. Consultant is also responsible for providing written notice to the City under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies}. In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy. VERIFICATION OF COVERAG E Consultant shall furnish City with all certificate(s} and applicable endorseme nts effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or designee prior to City's execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. DPU-B Short Form Total Fee -Contingency (04-30-14) BMC:prn Page 4 of 4 1 2 3 4 5 6 EXHIBIT C DISCLOSURE OF CONFLICT OF INTEREST 5-Year Sanitary Survey Update for the Upper San Joaquin River Watershed and the Friant-Kern Canal YES* Are you currently in litigation with the City of Fresno or any of its D agents? Do you represent any firm, organization or person who is in D litigation with the City of Fresno? Do you currently represent or perform work for any clients who do D business with the City of Fresno? Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the D City of Fresno, or in a business which is in litigation with the City of Fresno? Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Fresno employee who D has any significant role in the subject matter of this service? Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with D this Project? NO IZ]' � JZl � * If the answer to any question is yes, please explain in full below . Explanation :----------- D Additional page(s) attached. s�eJ:::o/Y� J!,lJk; 3 /L9 I 2.c, a lq �� 2o l� Date :fa ffi'"--> We.g l"1 �*' � �-'(J(u (name) I)en,QJ',;, &, I< u �r -:,Yp..-M e.:, fl .{).) 9 l.ey (company) C6n.>v 1+,'nj el'\8 ,n�er.s 20C\ s, Loc.lJ;s, i s+re.� i (address) \) ,s.o. l, 'g, c.o,,l , tor (\�c.l, q3 c.9 I ( city state zip) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00182 Agenda Date:2/13/2020 Agenda #:1-O REPORT TO THE CITY COUNCIL February 13, 2020 FROM:MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH:BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY:PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve the Third Amendment to the Professional Consultant Services Agreement with Provost & Pritchard Engineering Group,Inc.,to extend the Agreement from December 30,2019,to June 30, 2020,to provide continued engineering support during construction of the Recycled Water Transmission Main along Madison Avenue,Valentine Avenue,Whitesbridge Avenue,and Brawley Avenue,with no change to the previously authorized contract amount of $438,744 (Council District 3 and Fresno County). RECOMMENDATION Staff recommends that the City Council approve a Third Amendment to the Consultant Services Agreement with Provost &Pritchard Engineering Group,Inc.(Provost &Pritchard),to extend the duration of the agreement to June 30,2020,for the Recycled Water Transmission Main along Madison Avenue, Valentine Avenue, Whitesbridge Avenue, and Brawley Avenue (Project). EXECUTIVE SUMMARY Through a competitive selection process Provost &Pritchard was awarded a consultant services contract to provide engineering design,bidding support,and construction support for the Recycled Water Transmission Main along Madison,Valentine,Whitesbridge,and Brawley Avenues.The Third Amendment to the Agreement is for a time extension to provide continued engineering support during construction as made necessary by delays during the design process,which ultimately pushed the award of a construction contract, and activities out further than anticipated. BACKGROUND City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00182 Agenda Date:2/13/2020 Agenda #:1-O On September 28,2017,the City Council awarded a Consultant Services Agreement to Provost & Pritchard for design of the Recycled Water Transmission Main along Madison,Valentine, Whitesbridge and Brawley Avenues.The agreement is a standard five-part contract consisting of Schematic Design,Design Development,Construction Documents,Bidding Support,and Construction Support phases.During the Design Development Phase,the Department of Public Utilities (DPU)opted to design approximately 1,300 feet of additional recycled water main improvements along Madison Avenue,east of Valentine Avenue as well as approximately 1,300 feet along Whitesbridge Avenue,west of Valentine Avenue in an effort to support recycled water connections to proposed residential developments.The additional recycled water main segments resulted in a cost increase of $18,437 and prompted the First Amendment to the Provost &Pritchard Consultant Agreement. Additionally,during the Design Development Phase,DPU coordinated with a private residential developer working in the vicinity of the Project’s footprint to incorporate all future utilities as well as align the timing of construction in an effort to avoid multiple disturbances to street improvements.In time the developer’s schedule fell behind causing delays to the City of Fresno’s recycled water Project.As a result of the delays,a Second Amendment extending consultant services to December 30, 2019 was executed to allow for Project completion. Following execution of the Second Amendment,further delays by the developer ultimately resulted in the City of Fresno deciding to move forward separately with its own Recycled Water Transmission Main Project.As a result of the change in direction some alterations to the plans were necessary.The combination of delays and revisions to plans ultimately pushed the anticipated conclusion of the Project to extend beyond the second amendment termination date of December 30,2019.The Third Amendment extends the Consultant Agreement with Provost and Pritchard by six months,with a new termination date of June 30,2020,to allow for continued engineering support throughout the life of the construction Project. Upon approval by the City Council,the Third Amendment to agreement will be executed by the Director of Public Utilities, or his designee. This Third Amendment has been approved as to form by the City Attorney’s Office. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15378(b)(5),this is not a “project”for the purpose of CEQA,as this is an organizational or administrative action of the government to enforce an existing obligation,and will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing Consultant Services Agreement. FISCAL IMPACT This amendment has no financial impact on the General Fund.This Project is located in CouncilCity of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00182 Agenda Date:2/13/2020 Agenda #:1-O This amendment has no financial impact on the General Fund.This Project is located in Council District 3 and a portion of Fresno County.Funds for the completion of this construction Project are budgeted in Fiscal Year 2020 and available in the Sewer Enterprise Fund 40501. Attachments: Attachment 1 - Third Amendment to Agreement Attachment 2 - Original Consultant Agreement, First, and Second Amendment to Agreement City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00179 Agenda Date:2/13/2020 Agenda #:1-P REPORT TO THE CITY COUNCIL February 13, 2020 FROM:ANDREW HALL, Chief of Police Police Department BY:MICHAEL REID, Deputy Police Chief Support Division SUBJECT Actions pertaining to the 2019 Body-Worn Camera grant program,herein referred to as the BWC grant 1.Authorize the Chief of Police to accept $90,000 in grant funding for the BWC 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.***RESOLUTION -Adopt the 28th amendment to the Annual Appropriation Resolution (AAR) No.2019-133 appropriating $90,000 for the Police Department’s Body-Worn Camera grant program (requires five affirmative votes) (subject to Mayor’s veto). RECOMMENDATION Staff recommends that Council authorize acceptance of $90,000 in grant funding from the U.S. Department of Justice,through the Office of Justice Programs Bureau of Justice Assistance,allowing the Chief of Police to enter into and execute the agreement and all required documents,and adopt the 28th Amendment to AAR No 2019-133 to appropriate $90,000 funding into the FY 2020 budget. Funds have been awarded for the 2019 Body-Worn Camera grant program to the Fresno Police Department’s Body-Worn Camera Unit within the Internal Affairs Bureau. EXECUTIVE SUMMARY The City of Fresno has been awarded grant funds of $90,000 from the U.S.Department of Justice, through the Office of Justice Programs Bureau of Justice Assistance to augment the current number of body-worn cameras within the Fresno Police Department.The grant period is from October 1, 2019 to September 30,2022.Over the past four years,the Fresno Police Department has used TASER AXON Flex Body Cameras and most recently the TASER AXON Flex II Body Cameras for video along with Evidence.com for encrypted video storage.This system has proven to be reliable and easy to use.Officers,detectives,and local Deputy District Attorneys have been trained in the use of the system.The department currently has 550 body cameras deployed in the field.Although this is very good coverage,the department does not currently own enough body cameras to equip City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00179 Agenda Date:2/13/2020 Agenda #:1-P this is very good coverage,the department does not currently own enough body cameras to equip every uniformed officer in the field.A goal of accepting this grant is to close the gap and provide cameras to 30 members of our Special Weapons and Tactics Team and 15 newly hired uniformed officers currently in the field who do not have one.To date,body cameras have proven to be extremely valuable in the gathering of evidence and prosecution of criminal cases.They have additionally become part of the complaint process,and have been an asset in clarifying issues related to officer complaints.Motor units often capture the motorist’s violation directly on camera, greatly reducing court time.Deputy District Attorneys have stated they are reaching plea agreements and often shortening court time when body camera video is associated with the case.The grant funds will be used to purchase body cameras for uniformed officers who do not currently have a camera. BACKGROUND Video technology is being utilized by law enforcement agencies at an increasing pace.The Fresno Police Department has remained progressive in its response to this need.Personal body-worn cameras were introduced as a more realistic tool to help capture the “point of view”of the officer.In an era of increased public scrutiny and litigation,body-worn camera systems provide video evidence to capture critical incidents in a manner much closer to the officer’s perspective.Video gathered has proven to be invaluable during a criminal investigation,investigations of complaints against police officers, as well as civil litigation matters. This grant also addresses the aging number of Tasers the department currently owns.As part of the current contract with Taser AXON,Tasers will be included in the purchase of a matching number of body-worn cameras. ENVIRONMENTAL FINDINGS This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378. LOCAL PREFERENCE Local preference was not considered because accepting grant funds does not include a bid or award of a construction or service contract. FISCAL IMPACT The grant provides up to $2,000 per body-worn camera for a total of 45 cameras ($90,000).All other costs associated with the body-worn camera,accessories,storage and mandatory grant related training,totaling $90,368,is included in the City’s FY20 budget.The body-worn cameras will be acquired through a 1-year standalone lease-purchase contract with Taser AXON. Expenses will be claimed and reimbursed on a quarterly basis.This funding will enable the Fresno Police Department to complete deployment of body-worn cameras to all uniformed officers in Patrol, Traffic Unit,Canine Unit,Recycling Task Force,Multi-Agency Gang Enforcement Consortium, Student Neighborhood Resource Officers,Student Resource Officers,Adult Compliance Team, Fresno Area Express Officers, and SWAT totaling 595 cameras. City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00179 Agenda Date:2/13/2020 Agenda #:1-P Attachment:28th Annual Appropriations Resolution No. 2019-133 Grant Agreement City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 28th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2019-133 APPROPRIATING $90,000 FOR THE POLICE DEPARTMENT’S BODY-WORN CAMERA GRANT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2019-133 be and is hereby amended as follows: Increase/(Decrease) TO: POLICE DEPARTMENT Misc Federal Grants - Police $ 90,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Misc Federal Grants - Police Revenues: Account: 33104 Fed-Grant $ 90,000 Fund: 22027 Org Unit: 156135 Total Revenues $ 90,000 Appropriations: Account: 57414 Equipment Leases $ 90,000 Fund: 22027 Org Unit: 156135 Total Appropriations $ 90,000 THAT the purpose is to appropriate $90,000 for the acquisition of 45 body-worn camera through Police Department’s Body-Worn Camera Grant. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA} COUNTY OF FRESNO } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2020 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2020 Mayor Approval/No Return: , 2020 Mayor Veto: , 2020 Council Override Veto: , 2020 YVONNE SPENCE, MMC City Clerk BY: ____________________________ Deputy U.S. Departrnent of JusticeOffrce of Justice ProgramsBureau of Justice AssistanceGrantPAGE I OF 154.AWARDNUMBER: 2019-BC-BX-00535. PROJECT PERIOD: FROMBUDGETPERIOD: FROM10/01/2019 TOl0/01/2019 Towßot2a209t30f2022l. RECIPIENT NAME AND ADDRESS (Including Zip Code)City of Frcno2600 Fresno StreetFresno, CA 93721-36206. AWARD DATE 09119120t92a. GRANTEE IRS/VENDOR NO.9460003387. ACTIONInitial8. SUPPLEMENTNUMBER002b. GRANTEE DUNS NO.0718878559. PRNVIOUS AWARD AMOUNT$010. AMOT]NT OF TTIIS AWARDs 90,0003. PROJECT TITLEFY 19 Body Wom Camera ProgmmII.TOTALAWARD$ 90,00012. SPECIAL CONDITIONSTHE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDMIONS OR LIMITATIONS AS ARE SET FORTHON TI'IE ATTACTIBD PAGE(S),13. STATUTORY AUTHORITY FOR GRANTThis prcject is supported under FYl9(BJA - Body-Wom Cmera Prog¡am) Pub. L. No. 116-6, 133 Stat 13, I 1414 . CATALOG OF DOMESTIC FEDBRAL ASSISTANCE (CFDA Number)16.835 - Body Wom Cmem Policy and Implementation Prcgmm15. METHOD OF PAYMENTGPRSCRANTEE ACCEPTANCEAGENCY APPROVAL18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIALJerry P. DyerChiefofPolice16. TYPED NAME AND TITLE OF APPROVING OFFICIALKatharine T. SullivanPrincipal Deputy Assistant Attorney Geneml17. SIGNATURE OF APPROVING OFFICIAL19. SIGNATURE OFOFFICIALoÅ.LI9A. DATErs\a. \rAGENCYUSEONLY20. ACCOUNTING CLASSIFICATION CODESFISCAL FI,]ND BUD. Dry.YEAR CODE ACT. OFC. REG.21. uBcuGToTSlSUB. POMS AMOUNT00 90000xBBC8000oJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITTONS ARE OBSOLETE.OJP FORM 4000Æ (REV. ,l-88) U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceA\ilARD CONTINUATIONSHEETGrantPAGE 2 OF 15PROJECTNUMBER 20I9.BC-BX-0053AWARD DATE O9/I9I2OI9SPECIAL CONDITIONSRequirements of the award; remedies for non-compliance or for materially false statementsThe conditions of this award are material requirements of the award. Compliance with any assurances or certiñcationssubmitted by or on behalf of the recipient that relate to conduct during the period ofperformance also is a materialrequirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipientofficial accepts all material requirements of the award, and specifically adopts all such assurances or certifications as ifpersonally executed by the authorized recipient official.Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, acondition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and theaward. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealmentor omission of a material fact) may be the subject of criminal prosecution (including under l8 U.S.C. 1001 and/or 1621,and/or 34 U.S.C . 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for falseclaims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provisionshall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it beheld, instead, ihãt the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from thisaward.2. Applicability of Part 200 Uniform RequirementsThe Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adoptedand supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Pârt 200 Uniform Requirements") apply to this FY2019 avtard from OJP.The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 awardsupplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or beforeDecember 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number(regardless ofthe award date, and regardless ofwhether derived from the initial award or a supplemental award) thatare obligated on or after the acceptance date of this FY 2019 award.For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") atany tier) must retain - typically for a period of 3 years from the date of submission ofthe ñnal expenditure report (SF425), unless a different retention period applies - and to which the recipient (and any subrecipient ("subgrantee") atany tier) must provide access, include performance measurement information, in addition to the financial records,supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.In the event that an award-related question arises from documents or other materials prepared or distributed by OJPthat may appear to conflict with, or differ in some \¡r'ay from, the provisions of the Part 200 Uniform Requirements, therecipient is to contact OJP promptly for clarification.oJP FORM 4000/2 (REV.4-88)]-r\rtte"o¿ U.S. Department of JusticeOfñce of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 3 OF 15PROJECTNUMBER 20I9.BC-BX.OO53AWARD DATE O9II9I2OI9SPECIAL CONDITIONS3. Compliance with DOJ Grants Financial GuideReferences to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website(cunently, the "DOJ Grants Financial Guide" available at htþs://ojp.gov/financialguidelDOJ/index.htm)' including anyupdated version that may be posted during the period ofperformance. The recipient agrees to comply \ryith the DOJGrants Financial Guide.4. Reclassification of various statutory provisions to a new Title 34 of the United States CodeOn September l, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editoriallyreclasiified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." Thereclassification encompassed a number ofstatutory provisions pertinent to OJP awards (that is' OJP grants andcooperative agreements), including many provisions previously codified in Title 42 of the U,S. Code.Effective as of September 1,2017 , any reference in this award document to a stâtutory provision that has beenreclassified to the new Title 34 ofthe U.S. Code is to be read as a reference to that statutory provision as reclassified toTitle 34, This rule of construction specifically inctudes references set out in award conditions, references set out inmaterial incorporated by reference through award conditions, and references set out in other award requirements'5. Required training for Point ofContact and all Financial Points ofContactBoth the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfullycompleted an "OJP financial management and grant administration training" by 120 days after the date oftherecipient's acceptance ofthe award. Successful completion ofsuch a training on or after January l' 2017' will satis$this condition.In the event that either the POC or an FPOC for this award changes during the period ofperformance, the new POC orFPOC must have successfully completed an "OJP financial management and grant administration training" by 120calendar days after - (1) the date ofOJP's approval ofthe "Change Grantee Contact" GAN (in the case ofa newPOC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successfulcompletion of such a training on or after January 1,2017, will sâtisry this condition.A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" forpurposes of this conãition is available at https://www.ojp.gov/training/frnts.htm. All trainings that satisfu this conditioninclude a session on grant fraud prevention ând detectionThe recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails tocomply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriateconditions on this award.6. Requirements related to "de minimis" indirect cost rateA recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"indireôt cost rate described in 2 C.F.R. 200.414(Ð, and that elects to use the "de minimis" indirect cost rate, must adviseOJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200Uniform Requirements. The "de minimis" rato may be applied only to modified total direct costs (MTDC) as dehnedby the Part 200 Uniform Requirements.oJ? FORM 4000/2 (REV.4-88)fr^rììr^r/ U.S. Department of JusticeOffice of Justice ProgtamsBureau of Justice AssistanceAWA.RD CONTINUATIONSHEETGrantPAGE 4 OF 15PROJECTNUMBER 20I9.BC-BX-0053AWARD DATE O9II9I2OI9SPECIAL CONDITIONS7. Requirement to report potentially duplicative fundingIfthe recipient currently has other active awards of federal funds, or if the recipient receives any other award of federalfunds during the period of performance for this award, the recipient promptly must determine whether funds from anyof those other federal awards have been, are being, or âre to be used (in whole or in part) for one or more of theidentical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJawarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJawarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) toeliminate any inappropriate duplication of funding.8. Requirements related to System for Award Management and Universal Identifier RequirementsThe recipient must comply with applicable requirements regarding the System for Award Management (SAM),currently accessible at htçs://www.sam.gov/. This includes applicable requirements regarding registration with SAM,as well as maintaining the currency of information in SAM.The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to therecipient) the unique entity identifier required for SAM registration.The details ofthe recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web siteat https://ojp.gov/fundingÆxplore/SAM.htm (Award condition: System for Award Management (SAM) and UniversalIdentifier Requirements), and are incorporated by reference here.This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated toany business or non-profit organization that he or she may own or operate in his or her name).oJP FORM 4000/2 (REV.4-88)-Tnr*r a\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 5 OF 15PROJECTNUMBER 20I9-BC-BX-0053AWARD DATE O9II9I2OI9SPECIAL CONDITIONS9. Employment eligibility verification for hiring under the awardL The recipient (and any subrecipient at any tier) must--A. Ensure that, as part of the hiring process for any position within the United States that is or will be firnded (in wholeor in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of theindividualwhoisbeinghired,consistentwiththeprovisionsof8U.S'C.1324a(a)(1)and(2).B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities underthis award of both-(l) this award requirement for verification of employment eligibility, and(2) the associated provisions in 8 U.S.C. 1324a(a)(l) and (2) that, generally speaking, make it unlawful, in the UnitedStates, to hire (or recruit for employment) certain aliens.C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the awardrequirementforemploymenteligibilityverificationandoftheassociatedprovisionsof 8U.S.C. 1324a(a)(l)and(2).D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintainrecordi of all employment èligibility verifications pertinent to compliance with this award condition in accordance withForm I-9 record retention requirements, as well as records of all pertinent notifications and trainings.2. MonitoringThe recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.3. Allowable costsTo the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for thereasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.4. Rules of constructionA. Staffinvolved in the hiring processFor purposes ofthis condition, persons "who are or will be involved in activities under this award" specifically includeslwithout timitation) any and all recipient (or any subrecipient) officials or other st¿ff who are or will be involved in thehiring process with respect to a position that is or will be funded (in whole or in part) with award funds'B. Employment eligibility confirmation with E-VeriffFor purposes of satisfuing the requirement of this condition regarding verification of employment eligibility' therecipient (or any subrecipient) may choose to participate in, and use, E-Verifr (www.e-veriff.gov), provided anappiopriate person authorized to act on behalf ofthe recipient (or subrecipient) uses E-Verifu (and follows the properE-Verify procedures, including in the event ofa "Tentative Nonconfirmation" or a "Final Nonconfirmation") toconfirmønployment eligibility for each hiring for a position in the United States that is or will be funded (in whole orin part) with award funds.C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the UnitedStates, and the Commonwealth of the Northem Mariana Islands.D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, oroJ? FORM 4000/2 (REV. 4-88)Jvr,Ìr ¿u\s U.S. Department of JusticeOfñce of Justice ProgramsBureau of Justice AssistanceA}VARD CONTINUATIONSHEETGrantPAGE 6 OF 15AWARD DATE O9II9I2OT9PROJECTNUMBER 20I9-BC-BX.OO53SPECIAL CONDITIONSany person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.E. Nothing in this condition, including in paragraph 4.8., shall be understood to relieve any recipient, any subregin¡9ntat any tierl or any person or other entity, of any otligation otherwise imposed by law, including 8 U'S.C. l32aa@)(l)and (2).Questions about E-Veriff should be directed to DHS. For more information about E-VeriS visit the E-VeriSwebsite (https://www.e-veriff.gov/) or email E-VeriS at E-Veri$@dhs.gov. E-Veriff employer agents can email E-Verifu at E-VerifuEmployerAgent@dhs.gov.Questions about the meaning or scope ofthis condition should be directed to OJP, before award acceptance'10. Requirement to report actual or imminent breach of personally identiñable information (PII)The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of anactual oi imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,maintains, disseminates, discloses, or disposes of "personally identiñable information (PII)" (2 CFR 200.79) wìthin thescope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMBCirıúar A-130).-The recipient's breach procedures must include a requirement to report actuâl or imminent breach ofPII to an OJP Ptogru- Mánager no later than 24 hours after an occurrence of an actual breach, or the detection of animminent breach.I 1. All subawards ("subgrants") must have specific federal authorizationThe recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements forauthorizãtion of any subaward. This condition applies to agreements thât -- for purposes of federal grantsadminishative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement"contract").The details ofthe requirement for authorization ofany subawa¡d are posted on the OJP web site athttps://ojp.gov/fundingÆxplore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must havespecific federal authorization), and are incorporated by reference here.12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that wouldexceed $250,000The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obt¿inspecific ãdvance appioval to use a noncompetitive approach in any procurement contract that would exceed theSìmpliñed Acquisition Threshold (cunently, $250,000). This condition applies to agreements that -- for purposes offederal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not considera subaward).The details ofthe requirement for advance approval to use a noncompetitive approach in a procurement contract underan OJP award are poited on the OJP web sitè at htþs://ojp.gov/fundingÆxploreNoncompetitiveProcurement.htm(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract(if contract would exceed $250,000)), and are incorporated by reference here.oJP FORM 4000/2 (REV.4-88)Tvl,'lræ\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 7 OF 15PROJECTNUMBER 2OI9.BC-BX.OO53AWARD DATE O9II9I2OI9SPECIAL CONDITIONSI 3. Unreasonable restrictions on competition under the award; association with federal governmentSCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or inpart) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount ofihe puichase or acquisition, the method ofprocurement, or the nature ofany legal instrument used. The provisions ofthisìondition musibe among those included in any subaward (at any tier).l. No discrimination, in procurement transactions, against associates ofthe federal governmentConsistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiringawards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended andassociated programs are implemented in full accordance with U.S. statutory and public policy requirements") and200.319(a)-(generally requiring "[a]ll procurement transâctions [to] be conducted in a manner providing full and opencompetition" and forbidding practices "restrictive ofcompetition," such as "[p]lacing unreasonable requirements onfirmi in order for them to qualifi to do business" and taking "[a]ny arbitrary action in the procurement process") -- norecipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against âny person or entity onthe basis of such perion or entity's status as an "associate of the federal government" (or on the basis of such person orentity's stâtus as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F'R'200.3 l9(a) or as specifically authorized by USDOJ.2. MonitoringThe recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.3. Allowable costsTo the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for thereasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.4. Rules of constructionA. The term "associate ofthe federal govemment" means any person or entity engaged or employed (in the past or atpresent) by or on behalfofthe federal government -- as an employee, contractor or subcontractor (at any tier), grantiecipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on -behãlf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant forsuch employment or engãgement, and any person or entity committed by legal instrument to undertake any such work,project, or activity (or to provide such goods or services) in future.B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, orutry person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.oJP FORM 4000/2 (REV. 4-88)lLvrrli a,\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 8 OF 15PROJECTNUMBER 2OI9-BC-BX-0053AWARD DATE O9II9I2OI9SPECIAL CONDITIONS14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements andOJP authority to terminate award)The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (includingrequirements to report allegations) pertaining to prohibited conduct related to the trafficking ofpersons, whethe¡ on thepart of recipients, iubrecipients ("subgrantees"), or individuals defined (for purposes ofthis condition) as "employees"ofthe recipient or ofany subrecipient.The details ofthe recipient's obligations related to prohibited conduct related to trafficking in persons are posted on theOJP web site at https:l/ojp.gov/fundingÆxplore/Prohibitedconduct-Trafficking.htrn (Award condition: Prohibitedconduct by recipients and subrecipients related to traflicking in persons (including reporting requirements and OJPauthority to terminate award)), and are incorporated by reference here.15. Determination of suitability to interact with participating minorsSCOPE. This condition applies to this award ifit is indicated - in the application for the award (as approved byDOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or anu5oôiut.d federãistatute - that a purpose ofsome or all ofthe activities to be carried out under the award (whether bythe recipient, or a subrecipient at any tier) is to benefit a set ofindividuals under 18 years ofage.The recipient, and any subrecipient at any tier, must make determinations ofsuitability before certain individuals mayinteract with participating minors. This requirement applies regardless of an individual's employment status.The details of this requirement are posted on the OJP web site at htçs://ojp.gov/fundingÆxplore/Interact-Minors.htm(Award condition: Determination of suitability required, in advance, for certain individuals who may interact withparticipating minors), and are incorporated by reference here.16. Compliance with applicable rules regarding approval, planning, and reporting ofconferences, meetings, trainings, andother eventsThe recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, whereapplicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),inıtuding the provision of food and/or beverages at such conferences, and costs of attendance at such conferences'Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJGrants Financial Guide (cunently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").17. Requirement for data on performance and effectiveness under the awardThe recipient must collect and maintain data that measure the performance and effectiveness ofwork under this award'The datamust be provided to OJP in the manner (including within the timeframes) specified by OJP in the programsolicitation or other applicable written guidance. Data collection supports compliance with the GovemmentPerformance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.18. OJP Training Guiding PrinciplesAny training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier - develops ordelivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at htþs://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.oJP FORM 4000/2 (REV.4-88)Trnrhru\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 9 OF 15PROJECTNUMBBR 2OI9-BC.BX-0053AWARD DATE O9II9/2019SPECIAL CONDITIONS19. Effect offailure to address audit issuesThe recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withholdaward funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipientdoes not satisfactorily and promptly address outstanding issues from audits required by the Part 200 UniformRequirements (or by the terms ofthis award), or other outstanding issues that arise in connection with audits,investigations, or reviews of DOJ awards.20. Potential imposition of additional requirementsThe recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to anequal employment opportunity program.22. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education progfams."23. Compliance with DOJ regulations pertaining to civil rights and nondisc¡imination - 28 C.F.R. Part 38The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regardingrvritten notice to program beneficiaries and prospective program beneficiaries.Cunently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on thebasis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religiouspractice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee") organizations that engage in or conduct explicitþ religious activities, as well as rules and requirementsthat pertain to recipients and subrecipients that are faith-based or religious organizations.The text of28 C.F.R. Part 38 is available via the Electronic Code ofFederal Regulations (currently accessible athttps://www.ecfr.gov/cgi-binÆCFR?page:browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part38, under e-CFR "current" datâ.oJP FORM 4000/2 (REV.4-88)Tvllra,[s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE IO OF 15PROJECTNUMBER 20I9-BC-BX-0053AWARD DATE O9/I9I2OI9SPECIAL CONDITIONS24. Restrictions on "lobbying"In general, as a matter offederal law, federal funds awarded by OJP may not be used by the recipient' or anysubrecipient ("subgrantee") at any tier, either directþ or indirectly, to support or oppose the enactment, repeal,modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (Theremay be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would bebaned by law.)Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or anysubrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member ofCongress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant orcooperative agreement, subgrant, contract, subcontrâct, or loan, or with respect to actions such as renewing, extending,or modi$ing any such award. See 3 I U.S.C. 1352. Cert¿in exceptions to this law apply, including an exception thatapplies to Indian tribes and tribal organizations.Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or mightfall within the scope ofthese prohibitions, the recipient is to cont¿ct OJP for guidance, and may not proceed without theexpress prior written approval of OJP.25 . Compliance with general appropriationslaw restrictions on the use of federal funds (FY 20 1 9)The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use offederal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "generalprovisions" in the Consolidated Appropriations Act,2019, âre set out athttps://ojp.gov/fundingÆxploreÆYlgAppropriationsRestrictions.htm, and are incorporated by reference here.Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or mightfall within the scope ofan appropriationsJaw restriction, the recipient is to contact OJP for guidance, and may notproceed without the express prior written approvâl ofOJP.26. Reporting potential fraud, waste, and abuse, and similar misconductThe recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office ofthe Inspector General(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other personhas, in connection with funds under this award - (l) submitted a claim that violates the False Claims Act; or (2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, grâtuity, or similarmisconduct.Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to theOIG by-(l) online submission accessible via the OIG webpage at htþs://oigjustice.gov/hotline/contact-grants.htm(select "submit Report Online"); (2) mail directed to: OfTice of the Inspector General, U.S. Department of Justice,Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimiledirected to the DOJ OIG Fraud Detection Office (Attn: Grantee Reportin g) at (202) 6 16-9881 (fax).Additional information is available from the DOJ OIC website at https://oigjustice.gov/hotline.oJP FORM 4000/2 (REV. 4-88)Tvrt{ra,\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE II OF 15PROJECTNUMBER 2OI9-BC-BX.OO53AWARD DATE O9II9I2OI9SPECIAL CONDITIONS27. Restrictions and certifications regarding non-disclosure agteements and related mattersNo recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contr¿ct orsubcontract with any funds under this award, may require any employee or contractor to sign an intemal conhdentialityagreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (inaıcordance with law) ofwaste, fraud, or abuse to an investigative or law enforcement representative ofa federaldepartment or agency authorized to receive such information.The foregoing is not intended, and shall not be understood by the agency making this award, to contravenerequirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates tosensitive compartmented information), or any other form issued by a federal department or agency governing thenondisclosure of classiñed information.1. In accepting this award, the recipient--a. represents that it neither requires nor has required internal confidentiality agreements or statements from employeesor contractors that currently prohibit or otherwise currentþ restrict (or purport to prohibit or restrict) employees orcontractors from reporting waste, fraud, or abuse as described above; andb. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to executeagreements or statements that prohibit or otherwise resrict (or purport to prohibit or restrict), reporting ofwaste, fraud,oi abuse as described above, it will immediately stop any further obligations of award funds, will provide promptwritten notification to the federal agency making this award, and will resume (or permit resumption of) suchobligations only if expressly authorized to do so by that agency.2. lf the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contrâcts, oÍboth-â. it represents thât--(l) it has determined that no other entity that the recipient's application proposes may or will receive award funds(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) eitherrequires or has required intemal confidentiality agreements or statements from employees or contractors that cunentlyprohibit or otherwise currentþ restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,fraud, or abuse as described above; and(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; andb. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives fundsunder this award is or has been requiring its employees or contractors to execute agreements or statements that prohibitor otherwise restrict (or purport to prohibit or restrict), reporting ofwaste, fraud, or abuse as described above, it willimmediately stop any further obligations of award funds to or by that entity, will provide prompt written notification tothe federal agency making this award, and will resume (or permit resumption of) such obligations only if expresslyauthorized to do so by that agency.oJP FORM 4000/2 (REV. 4-88)Tvtrt ru\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 12 OF 15PROJECTNUMBER 2OI9.BC-BX-0053AWARD DATE O9/I9I2OI9SPECIAL CONDITIONS28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of41IJ.S.C. 47 12, including all applicable provisions that prohibit, under speciñed circumstances, discrimination against anemployee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, agross waste of federal funds, an abuse of authority relâting to a federal grant, a substantial and specific danger to publichealth or safety, or a violation of law, rule, or regulation related to a federal grant.The recipient also must inform its employees, in writing (and in the predominant native language ofthe workforce), ofemployee rights and remedies under 41 U.S,C. 4712.Should a question arise as to the applicability of the provisions of 4l U.5.C.4712 to this award, the recipient is tocontact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.29. Encouragement of policies to ban text messaging while drivingPursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg'5 1225 (October 1,2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policiesbanning employees from text messaging while driving any vehicle during the course of performing work funded by thisaward, and to establish worþlace safety policies and conduct education, awareness, and other outreach to decreasecrashes caused by distracted drivers.30. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside ofDOJIfthe recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at any timeduring the course ofthe period ofperformance under this award, the recipient must disclose that fact and certain relatedinformation to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high riskincludes any status under which a federal awarding agency provides additional oversight due to the recipient's pastperformance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must includethe following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipientwas designated high risk, 3. The high-risk point ofcontact at that federal awarding agency (name, phone number, andemail address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.31. The award recipient âgrees to participate in a data collection process measuring program outputs and outcomes. Thedata elements for this process will be outlined by the Office of Justice Programs.32. ConfidentialityofdataThe recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231and 28 C.F.R. Part22 that are applicable to collection, use, and revelation of data or information. The recipient furtherâgrees, as a condition ofaward approval, to submit a Privacy Certificate that is in accord with requirements of28C.F.R. Part 22 and, in particular, 28 C.F .R. 22.23.-t-tThe recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collectionrequests, including, but not limited to, the provision of any information required for the assessment or evaluation ofanyactivities within this project.oJP FORM 4000/2 (REV.4-88)1¡"1llra"\s U.S. Department of JusticeOfhce of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 13 OF 15PROJECTNUMBER 2OI9.BC-BX.OO53AITVARD DATE 09119/2019SPECIAL CONDITIONS34 . Justification of consultånt rateApproval ofthis award does not indicate approval ofany consultant rate in excess of$650 per day. A detailedjustification must be submitted to and approved by the OJP program office prior to obligation or expenditure of suchfunds.35. FFATA reporting: Subawards and executive compensationThe recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of$25,000 ormore and, in certain circumstances, to report the names and total compensation of the five most highly compensatedexecutives of the recipient and first-tier subrecipients (first-tier "subgmntees") of award funds. The details of recipientobligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are postedon the OJP web site at htþs:/þp.gov/fundingÆxplore/FFATA.htm (Award condition: Reporting Subawards andExecutive Compensation), and are incorporated by reference here.This condition, including its reporting requirement, does not apply to- (1) an award ofless than $25,000, or (2) anaward made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profitorganization that he or she may own or operate in his or her name).36. Verification and updating ofrecipient contact informationThe recipient must veriff its Point of Contâc(POC), Financial Point of Contact (FPOC), and AuthorizedRepresentative cont¿ct information in GMS, including telephone number and e-mail address. If any information isincorrect or has changed, a Grant Adjustment Notice (CAN) must be submitted via the Grants Management System(GMS) to document changes.37. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate withBJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced progtammaticdesk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary tocomplete monitoring tasks, including documentation related to any subawards made under this award. Further, therecipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient'sDOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grantfunds; refenal to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Riskgrantee; or termination ofan award(s).oJP FORM 4000/2 (REV. 4-88)Avtr+.'t?r,\s U.S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceA\ryARD CONTINUATIONSHEETGrantPAGE 14 OF 15PROJECTNUMBER 20I9.BC-BX-0053AWARD DATE O9/I9I2OI9SPECIAL CONDITIONS38. Copyright; Data rightsThe recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and inevocable license to reproduce,publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivativeworks), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier);and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federalsupport.The recipient acknowledges that OJP has the right to (l) obtain, reproduce, publish, or otherwise use the data firstproduced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise usesuch data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision52.227-14 (Rights in Data - General).It is the responsibility ofthe recipient (and ofeach subrecipient (at any tier), ifapplicable) to ensure that the provisionsof this condition are included in any subaward (at any tier) under this award.The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights anddata necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient,contråctor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptlybring such refusal to the attention ofthe OJP program manager for the award and not proceed with the agreement inquestion without further authorization from the OJP program office.39. Any Web site that is funded in whole or in part under this award must include the following statement on the homepage, on all major entry pages (i.e., pages (exclusive ofdocuments) whose primary purpose is to navigate the user tointerior content), and on any pages from which a visitor may access or use a Web-based service, including any pagesthat provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from theBureau of Justice Assistance, Offrce of Justice Programs, U.S. Department of Justice. Neither the U.S. Department ofJustice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including,without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full textof the foregoing statement must be clearly visible on the home page. On other pages, the statement may be includedthrough a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.40. The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications,reports, or any other rvritten mâterials that will be published, including web-based materials and web site content,through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written,visual, or audio publications, with the exception ofpress releases, whether published at the grântee's or govemment'sexpense, shall contain the following statements: "This project was supported by Grant No. 2019-BC-BX-0053awarded by the Bureau ofJustice Assistance. The Bureau ofJustice Assistance is a component ofthe Department ofJustice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute ofJustice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMARTOffice, Points ofview or opinions in this document are those ofthe author and do not necessarily represent the officialposition or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide providesguidance on allowable printing and publication activities.41. Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annualperformance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metricsreports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailedinformation on reporting and other requirements, refer to BJA's website. Failure to submit required reports byestablished deadlines may result in the freezing ofgrant funds and High Risk designation.oJP FORM 4000/2 (REV.4-88)Tr,u+ils U,S. Department of JusticeOffice of Justice ProgramsBureau of Justice AssistanceAWARD CONTINUATIONSHEETGrantPAGE 15 OF 15PROJECTNUMBER 20I9.BC-BX-0053AWARD DATE O9II9I2OI9SPECIAL CONDITIONS42. The recipient is authorized to obligate, expend, or draw down funds in an amount not to exceed l0% ofthis award forthe sole purpose of developing a Body-Wom Camera (BWC) policy. The BWC policy must be submitted no later thanI 80 days of award acceptance, unless an extension for good cause shown has been granted by BJA. The recipient is notauthorized to incur any additional obligations, make any additional expenditures, or draw down any additional fundsuntil BJA has approved the recipient's completed BWC policy and has issued a Grant Adjustrnent Notice (GAN)removing this condition.43, Required attendance at BJA-sponsored eventsThe recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistanceevents, or conferences held by BJA or its designees, upon BJA's request.44. The recipient is authorized to incur obligations, expend, and draw down fi¡nds for travel, lodging, and per diem costsonly, in an amount not to exceed $ I 5,000, for the sole purpose of attending a required OJP conference associated withthis grant award. The grantee is not authorized to incur any additional obligations, or make any additional expendituresor draw downs until the awarding agency and the Office ofthe ChiefFinancial Officer (OCFO) has reviewed andapproved the recipient's budget and budget narrative, and a Grant Adjustment Notice (GAN) has been issued to removethis special condition.oJP FORM 4000/2 (REV. 4-88)5"*"t. @US DEPARTMENT OF ]USTICEOFFICE OF JUSTICE PROGRAMSGRANT ADJUSTMENT NOTICEPage 1 of2Grantee InformationProject Period:00109l2sl2oL994-600033820L9-H2517-CA-BCDaterAward Amount: $0.00Grantee Address¡94600033807-188-785sGANNumber:Grantee EIN:Vendor #:Project Titlertolor/zorg -09/3012022Program Office: BJAGrantee Name: City of FresnoGrantee DUNSNumber:Grant Manager: Gerardo VelazquezFY 19 Body WornCamera Program2600 Fresno StreetFresno, 93721ApplicationNumber(s):Award Number: 2019-BC-BX-0053Sionino Authoritv Chanoethat effected the change or a letter noting the official change authenticated (signed) by a proper official of thehaving jurisdiction. Documentation must be electronically attached, If you cannot attach the documentation, pleasetoaranteepecific documentation is required forSigning Official. Documentation can be the legalCurrent AuthorizedOfficialNew AuthorizedOfficialxPrefixOtherPrefixActing Ch¡efxF¡rct NameAndrewMiddleInitialHallSuffixChief of Police*T¡tleChief of PoliceLine I2600 Fresno StreetxAddressLine IAddress Li¡re22600 Fresno StreetLine 2Fresnoxc¡wxstatexzlpFresnoCalifornia9372r - 3620ifornia2L-Phone621-2000 ExtFax457-1427xPhoneFaxxEmail(559) 621-2101 Ext(5s9) 4s7-t427andrew. hall@fresno. govÊmailo.PrefixChiefPrefix(Other)First NamelerrvMlddlePInitiaLast NameDyerxlast NameSuffixSuffixl(Xher)*Reouired lustification for Sisnino Authoritv ChanoeChief Jerry P. Dyer is retiring from theDepartment effective October 15, 2019 and is ^currently on leave. Chief Andrew Hall iscurrentÌy the Acting Chief untif October 16, 2079 Vwhen he wilf assume the permanent rofe of Chief912612019 ments:Page2 of2User:Filename:- FINALTimestam512019 2:06 PM19 10:10 PMuthorizedOrder 19-35.PrintAudit Trail:Role:ittedUser:3Timesta19 2:50 PM19 2:07 PM9 B:55 AMEXTERNAL - External User- Grant- GranterPlease submit a signed fetterhead letter on agency letterhead. Upload andresubmit GAN>PO - Grant Mana9 8:55 AMPlease submit a signed l-etterhead fetter on agency fetterhead. Upload andresubmit GAN)SubmittedPO - Grant ManaqerlGarcia3)9/2412OL910:13 PMDraftEXTERNAL - External UserlGarcia3)9124/2OLg 10:12 PMDraftEXTERNAL - External UserJ9/24/2O19 10:10 PMDraftEXTERNAL. External User)91241201910:09 PM9126120t9 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00210 Agenda Date:2/13/2020 Agenda #:1-Q REPORT TO THE CITY COUNCIL February 13, 2020 FROM:DOUGLAS T. SLOAN, City Attorney City Attorney’s Office SUBJECT Actions pertaining to the 556th Amendment to the Master Fee Schedule: 1.Adopt a finding of statutory exemption pursuant to CEQA Guidelines Section 15273(a)for amendments to Code Enforcement fees. 2.***RESOLUTION -556th amendment to the Master Fee Schedule (MFS)Resolution No.80- 420 to add,adjust,revise,or delete various fees for Code Enforcement.(Subject to Mayor’s Veto) RECOMMENDATION Staff recommends Council: 1.Adopt the CEQA exemption; and 2.Approve the 556th Amendment to the MFS Resolution 80-420. EXECUTIVE SUMMARY The City hired NBS Government Finance Group (NBS)to complete a User Fee Analysis to determine appropriate fees for Code Enforcement activities.Following an analysis of the City’s current fee structure (the Study)and a cost of service analysis of Code Enforcement activities,NBS provided the recommendations set forth in the attached Final Report - User Fee Analysis (Report). BACKGROUND Per California State Constitution Article XI,Section 7 cities may establish regulatory fees for services, provided such fees do not exceed the estimated reasonable cost of providing those services. Accordingly,the City has established various Code Enforcement fees to recover code enforcement inspector time. The subject fees were last updated by Council in April 2008. Current Fees Currently,the MFS breaks down Code Enforcement fees into (1)flat rate fees for certain activities (such as abatements or preparing a Notice and Order)and (2)hourly fees based upon a total cost recovery figure of $100 per hour for other code enforcement activities.Based on the Study approximately $113,000 is collected annually at current fee amounts,whereas total cost recovery City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00210 Agenda Date:2/13/2020 Agenda #:1-Q approximately $113,000 is collected annually at current fee amounts,whereas total cost recovery should be $165,000.As such,the City is currently recovering only 68%of the total costs associated with providing services.Should the Council adopt fee levels at 100%cost recovery,approximately $52,000 in additional costs could be recovered. Proposed Changes In arriving at total cost recovery figures,the Study analyzed labor costs,indirect labor costs,specific direct non-labor costs,allocated indirect non-labor costs,and allocated indirect organization-wide overhead.Based upon this analysis,the fully burdened hourly rate (i.e.the total cost recovery rate) for Code Enforcement services should be $146 per hour,whereas the rate currently charged is $100 per hour.Rather than continue to charge flat fees for certain activities and an hourly rate for others, Code Enforcement proposes charging an hourly rate of $146 for all activities.Appendix B to the Report includes a comparison of fees to other cities:Bakersfield,Modesto,Sacramento,Stockton, and Long Beach.Hourly fees for similar code enforcement tasks in these cities range from $198 to $275. The Study did not review penalties or citations, and no changes are suggested to those. 1.Based upon the Study, Staff recommends the following changes to the structure and amount of Code Enforcement fees: Delete fees that are no longer used or not needed, such as: o Family Day Care Annual Inspection o Registration of Vacant Foreclosed Properties o Failure to acquire a Specific Building Permit as required by the dated Notice & Order o Mobile home Rent Review o Shopping Cart Containment Plan Review Fee o Solid Waste Recyclers Certification Process o Vacant Building Plan - Review Fee 2.Reorganized the fees into three sections: (1) General Complaints and Abatements; (2) Rental Housing Related; and (3) Miscellaneous. 3.Add the following new fee categories: o Citation for lack of Smoke Detector or Carbon Monoxide Detector o Rental Housing ·Courtesy Re-Inspection ·Penalties for late registration ·Penalties for false statements o Lien Release Fee - Policy of Insurance of Record (PIRT) City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00210 Agenda Date:2/13/2020 Agenda #:1-Q ·City Processing Cost o Updated Tire Disposal Fees All proposed changes are provided in Exhibit A to the Proposed Master Fee Schedule attached hereto. ENVIRONMENTAL FINDINGS The proposed amendments to the MFS,as noted above and on the schedules attached hereto,are determined to be statutorily exempt pursuant to CEQA Guidelines Section 15273(a)because they pertain to meeting operating expenses, including employee wage rates and materials. LOCAL PREFERENCE Local preference was not considered because this Resolution does not include a bid or award of a construction or service contract. FISCAL IMPACT If approved,the additional fees would improve accurate cost recovery for Code Enforcement services,which is estimated to yield additional annual cost recovery of $51,845 based upon FY 2018- 19 figures. Attachments: -556th Amendment to the Master Fee Schedule Resolution -Master Fee Schedule Exhibit A -User Fee Analysis Final Report -NBS PowerPoint City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ Date Adopted: Date Approved: Effective Date: City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 556th AMENDMENT TO THE MASTER FEE SC HEDULE RESOLUTION NO. 80-420 TO ADD, ADJUST, REVISE OR DELETE VARIOUS CODE ENFORCEMENT FEES BE IT RESOLVED BY THE COUNCIL FO THE CITY OF FRESNO: THAT The Master Fee Schedule Resolution No. 80 -420 be and is hereby amended to add, adjust, revise, or delete various Code Enforcement Fees. The revised pages of the Master Fee Schedule are attached as Exhibit “A” and are hereby incorporated by reference and made a part of this Resolution. THAT the fee adjusted by this RESOLUTION shall become effective April 1, 2020. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO )ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the ______________day of , 2020. AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: , 2020 Mayor Approval/No Return: , 2020 Mayor Veto: , 2020 Council Override Veto: , 2020 YVONNE SPENCE, MMC City Clerk APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY:______________________________________________ Raj Singh Badhesha, Senior Deputy City Attorney EXHIBIT A CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 66 CODE ENFORCEMENT FEES Fee Description & Unit/Time Current Proposed Amnd Code Enforcement Fees - General Complaints and Abatements 556 Complaint Response and Issue Identification Effective Per hour, 1 hour minimum New 146.00 4/1/2020 - - No charge if complaint is verified and resoloved by property owner / responsible party within 18 days. Notice and Order Per hour, 1 hour minimum New 146.00 Notice of Violation Per hour, 1 hour minimum New 146.00 Hotel / Motel Inspection Fee Per hour, 1 hour minimum New 146.00 Code Violation Appeal Fee 556 409 Single Family Residential up to two units 35.00 Effective Multi-Residential with three or more units 55.00 4/1/2020 Commercial Apartment Complexes and Commercial Business 75.00 Text Panel Appeal by three hearing officers New 480.00 Code Violation Appeal - Successful Appeal New No Charge Code Violation Appeal - Unsuccessful Appeal Per hour, 1 hour minimum New 146.00 Abatement Enforcement Fees and Penalties 556 Administrative Fee Effective Per hour, 1 hour minimum New 146.00 4/1/2020 Cost of Enforcement / Abatement New Actual Citation for lack of Smoke Detector or Carbon Monoxide Detector (H&S 13113.7 / H&S 17926) pr violation New 200.00 Code Citation Penalties - General*528 1st citation for non-compliance of code violations up to or 250.00 Effective maximum 11/8/2016 2nd citation for non-compliance of code violations up to or 500.00 maximum 3rd citation for non-compliance of code violations up to or 1,000.00 maximum *Code Citation Penalties may be issued by enforcing officers as set forth in, but not limited to, Fresno Municipal Code Sections I-302 and I-308. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 67 CODE ENFORCEMENT FEES Fee Description & Unit/Time Current Proposed Amnd Code Citation Penalties - Health and Safety* 1st citation for non-compliance of code violations up to or 800.00 528 maximum Effective 2nd citation for non-compliance of code violations up to or 1,200.00 11/8/2016 maximum 3rd citation for non-compliance if code violations up to or 1,600.00 maximum Collection Agency Recovery Fee**27%528 Effective 1/1/2017 Late Payment Charge 409 $1.00 minimum 1.5% Lien Release Fee 556 Per lien release - County Filing Fee 60.00 500 Policy of Insurance of Record (PIRT)100.00 Delete 546 Policy of Insurance of Record (PIRT)Effective City Processing Fee New 146.00 4/1/2020 Vendor Cost New Actual Hotel/Motel Inspection Fee 464 Hour, 1-hour minimum 100.00 Delete Family day care annual inspection 100.00 Delete 464 Hour, 1 hour minimum Housing Code 464 Inspection/lender requested Hour, 1 hour minimum 100.00 Delete Housing code enforcement 464 Hour, 1 hour minimum 100.00 Delete Family day care licensing inspection Hour, 1 hour minimum 100.00 Delete Code compliance inspection 216.00 Delete 409 Hourly 1 hour minimum 100.00 Delete 464 *Code Citation Penalties may be issued by enforcing officers as set forth in, but not limited to, Fresno Municipal Code Sections I-302 and I-308. PLANNING & DEVELOPMENT FEES **This Fee is also used by the other departments, including the Fire Department. CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 68 CODE ENFORCEMENT FEES Fee Description & Unit/Time Current Proposed Amnd Failure to acquire a Specific Building Permit 200.00 Delete 528 as required by the dated Notice & Order Effective 1/1/2017 Mobilehome Rent Review Commission Appeal Hearing 200.00 Delete Plus fee per space +16.00 Delete Notice and Order 464 1-2 units, plus 100.00 per each unit over two units 447.00 Delete Public Nuisance Enforcement 464 Hour, Per hour, 1-hour minimum 100.00 146.00 556 Effective 4/1/2020 Registration of Vacant Foreclosed Properties (MC 10-620)500 Management of Real Property Ordinance Violations (MC 10-608)556 Administrative Citation Effective 1st Violation *1,000.00 4/1/2020 2nd Violation within a rolling 12 month period *10,000.00 3rd Violation within a rolling 12 month period *50,000.00 * Plus any abatement, actual, administrative and enforcement costs and administrative expenses incurred Rental Housing 556 546 Registration Fee 0.00 Effective Health and Safety Inspection, per unit 100.00 4/1/2020 Upon Pre-Compliance Courtesy Re-Inspection, per unit 50.00 Adoption Compliance Re-Inspection, per unit 100.00 Rental Housing Registration Penalties Property registration is 30 days late New 100.00 Property registration is 31 to 60 days late New 200.00 Property registration is 61 to 120 days late New 500.00 Property registration is over 120 days late New 1,000.00 Rental Housing Penalty for False Statement regarding Exemption or Self-Certification First Offense New 100.00 Second and subsequent Offenses New 250.00 Code Enforcement Fees - Miscellaneous 556 Sign Retrieval Effective Per hour, 1 hour minimum New 146.00 4/1/2020 Shopping Cart Containment Plan Review Fee 445 Annual Business Plan Review 50.00 Delete Sign Storage Fee 415 0 to 4 square feet / per sign 5.00 Delete 4 to 16 square feet / per sign 20.00 Delete Over 16 square feet / per sign 50.00 Delete PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 69 CODE ENFORCEMENT FEES Fee Description & Unit/Time Current Proposed Amnd Tire Disposal Service 556 Automobile tires without rim New 1.00 Effective Automobile tires with rim New 3.00 4/1/2020 Diesel Truck tire without rim New 7.00 Diesel Truck tire with rim New 21.00 Tractor tires without rim (14 x 20 or 17.5 x 24.5)New 55.00 Tractor tires with rim (14 x 20 or 17.5 x 24.5)New 110.00 Tractor tires without rim (17.5 x 25 or 23.5 x 25)New 75.00 Tractor tires with rim (17.5 x 25 or 23.5 x 25)New 150.00 (Tires with wheels will be charged triple the amount) Automobile/light pickup truck tires 1.00 Delete Large truck tires 5.00 Delete Tractor tires 8.00 Delete Vacant Building Plan - Review Fee Hour, 1-hour minimum 100.00 Delete Weed Abatement Enforcement Penalty Actual cost plus enforcement penalty per abatement (penalty to 100% + 500.00 with be determined by department director within specified range)maximum of 1,500.00 Inspection or Enforcement Services Otherwise not Listed for Public Nuisance, Zoning Code, or Housing Code 556 Per hour, 1 hour minimum New 146.00 Effective 4/1/2020 Zoning Code Enforcement 464 Hour, 1-hour minimum 100.00 Delete PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 70 GENERAL DEVELOPMENT FEES Fee Description & Unit/Time Current Proposed Amnd Noticing Subscription Fee (per Council District) Per year 36.00 Planning Commission Material Agenda per month 6.15 Agenda kit per month 14.25 Minutes per month 6.15 Re-recording on applicant's machine Hour or portion 14.25 Planning Reports and Publications Annual Statistical Abstract 22.50 General Plan 25.50 Update of Community Plan 25.50 Other Community Plan 9.20 Plan Texts (photocopy) * 0 to 100 pages 10.00 101 to 200 pages 20.00 201 to 300 pages 30.00 301 to 400 pages 40.00 401 to 500 pages 50.00 501 to 600 pages 60.00 Specific Plan 9.20 Special and other publications To be established by Director Public Records (excluding subpoenaed records) Plan Maps (GIS) * 55" x 30"/each 30.00 42" x 36"/each 25.00 36" x 36"/each 20.00 21" x 18"/each 10.00 11" x 17"/each 7.00 8.5" x 11"/each 5.00 Large Format Photocopy Prints: 24" width roll stock/*0.45 30" width roll stock/*0.50 36" width roll stock/*0.60 42" width roll stock/*0.65 8 ½ x 11 cut stock / per print 3.50 8 ½ x 14 cut stock / per print 3.50 11 x 17 cut stock / per print 4.50 17 x 22 cut stock / per print 6.00 18 x 26 cut stock / per print 6.00 PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 71 GENERAL DEVELOPMENT FEES Fee Description & Unit/Time Current Proposed Amnd Microfiche Copies (8 1/2x11 only) per copy 2.00 505 * Per ft/print plus $6.00 set-up charge for each roll width; unit length shall be rounded up to the next whole ft. (Cost for print patches shall be based on the size of the tracing; cost for print sizes not listed above shall be determined by the Director.) Prints sent out to private vendors Cost + handling charge 100% + 19.50 * Fees established by Development Director – 11/2/99 PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 72 NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS, RESIDENTIAL ADDITIONS • Fees are available for encouragement "Inner City", "Inner City-Highway City", "Inner City-Pinedale" and "Inner City-Herndon Townsite" (indicated by "IC", "IC-H", "IC-P" and “IC-HT designations Please refer to page ? 8-1 for definition of "IC", "IC-H", "IC-P" and “IC-HT” designations (330th, 11/29/96). • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. Special conditions may result in additional requirements. Also Consult the Land Use, Zoning and Land Division Section • All Mechanical, Plumbing, Electrical and Energy Plan Check Items associated with the New Construction projects are included in the base Plan Check and Inspection Fees of the Project • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00 blended hourly rate applies. Type I A Non-combustible construction. Three-hour fire resistive exterior wall complies with Section 603 of the California Building Code. Type I B Non-combustible construction. Two-hour fire resistive exterior walls complies with Section 603 of the Uniform Building Code. Type II A Non-combustible construction. Structural members and partitions must be protected by one-hour fire resistive construction. Type II B Non-combustible construction. No fire resistive quality requirement. Type III A Combustible construction. Exterior walls protected with two-hour fire resistive construction. Masonry or concrete wall construction. Type III B Combustible construction. No fire resistive quality required except exterior walls. Type IV Combustible. Heavy-timber construction. Exterior walls have fire resistive quality of 4 hours. Type V A Combustible construction. Wood frame with exterior walls protected with one-hour fire resistive construction Type V B Combustible construction. No fire resistive quality requirement. The chart below provides Construction Types to be used in conjunction with the New Construction Fee Schedules/tables PLANNING & DEVELOPMENT - BUILDING FEES Construction Type CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 73 Plan Check & Inspection/Permit Fees for NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans Minimum Hour, 1-hour minimum 163.00 hr*552 Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Manager Hour, 1-hour minimum 109.00 hr* Bluff Preservation Soils Report Review 552 Hour, 1-hour minimum 218.00 hr* Building Plan Check (other than base fees) 552 Offsite improvements plan check (Coordinate with Planning Division) Single-family / per plan 140.00 Other uses / per plan 310.00 Interior only tenant improvements with shell and accessory 47.50 structures to existing single-family and other uses/per plan Site / amendment 57.00 Single-family revised site plan Hour, 1-hour minimum 54.00 hr* Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr* Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr* Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr* See attached "Plan Check and Inspection Variable Fee Schedules (Tables) for New Construction" PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 74 OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd California Building Standards Commision Permit Surcharge 480 Per Permit Valuation 1 - 25,000 1.00 25,001 - 50,000 2.00 50,001 - 75,000 3.00 75,001 - 100,000 4.00 Every 25,000 or fraction thereof above 100,001 Add 1.00 County Facilities Impact Fee Based on County Ordinance and paid to County General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Grading Permit (fees are charged on a per permit basis)** 505 Single and Multifamily Individual lots Included in Building Permit fee Subdivision land and Commercial lots Separate fee per Miscellaneous fee section Grading Plan Check Review (fees are charged on a per plan 505 basis, unless otherwise noted) Single and Multifamily lots Included in Building Plan Check fee Subdivision land and Commercial lots Separate fee per Miscellaneous fee section Fire Fees (for Fire Protection Systems and related Permits/ See Fire Dept Fees 505 Inspections/Reports) Fire Fees (for Building related Plan Check and Permit/See Planning and 505 Inspection Fees)Development Section of Fire Department Fees Foundation Permit (Multifamily and Commercial only) 552 Standard fee 25% of permit fee Minimum 82.00 Handicapped Plan Check (Multifamily/Commercial only)Incld in Building 505 Plan Check fee PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 75 OTHER FEES related to NEW CONSTRUCTION, COMMERCIAL TENANT IMPROVEMENTS & RESIDENTIAL ADDITIONS are as follows: Fee Description & Unit/Time Current Proposed Amnd Occupancy 552 Certificate of Occupancy / each (Multifamily/Commercial only)53.50 Change of occupancy / per application**Separate fee per Misc fee section Temporary Occupancy Cash deposit to guaranty completion Deposit determined by Director/Designee Inspection and processing / per application 54.00 Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* Incorrect address/location given by applicant / per trip)53.50 Premature inspection all (work not ready) / per trip 53.50 Reinspection other than entitled calls / per trip 80.30 Working without required permit / per permit fee 4 times (max.) Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00 Plan check renewal of expired plan check Standard fee 25% Minimum 54.00 Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Seismic Fee (Strong--Motion Instrumentation Seismic motion fees are 505 and Seismic Hazard Mapping Fee)established by the Dept. of Conservation, State of California, and are subject to periodic change Solar System Separate fee per Misc fee section 505 Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00 Utilities, Construction 505 Temporary use for construction purposes / per inspection Separate fee per MP&E Fee Section Workers' Compensation Insurance Verification 552 Per transaction 27.00 * The blended rate for the Bldg Division (includes fringe & overhead) is $119.00 per hr or is the actual hrly of a consultant, if utilized; plus actual extraordinary expenses in either case. ** Permit fees will be reduced by 50 % for the inner-city areas and limited to inner-city residential use properties only for Inner City-Highway City, Inner City-Pinedale, and Inner City-Herndon Townsite areas. PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 76 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS • Fees are available for encouragement "Inner City", "Inner City-Highway City", "Inner City-Pinedale" and "Inner City-Herndon Townsite" (indicated by "IC", "IC-H", "IC-P" and “IC-HT designations Please refer to page ? 8-1 for definition of "IC", "IC-H", "IC-P" and “IC-HT” designations (330th, 11/29/96). • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. • All Mechanical, Plumbing, Electrical and Energy Plan Check Items associated with these Construction projects are included in the base Plan Check and Inspection Fees of the Project • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00 blended hourly rate applies. PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 77 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ Inspect Fee $ Amnd 552 Application Pre-Inspection 54.00 Cellular/Mobile Phone, w/o Equipment Shelter 598.00 557.00 Cellular Tower with Equipment Shelter 798.00 783.00 Change of Occupancy Inspection 27.00 1,079.00 Deck / Patio (non-engineered)190.00 213.00 Deck / Patio (engineered)535.00 213.00 Demolition - Residential 82.00 154.00 Demolition - MultiFamily/Commercial 82.00 178.00 Fence or Wall (wood, chain link, wrought iron) >6 feet in height, 1st 100 lf 190.00 142.00 Each additional 100 lf 0.00 142.00 Fence or Freestanding Wall (masonry / garden) City Standard, 1st 100 l.f.136.00 261.00 Each additional 100 lf 0.00 202.00 Engineered Wall, 1st 100 lf 190.00 213.00 Each additional 100 lf 0.00 83.00 Flag pole (greater than 6 feet in height)190.00 83.00 Grading (Cut and Fill) - Plan Check + As-Grade 0-100 Cubic Yards (Cut or Fill - whichever is greater)525.00 N/A 101-1,000 CY 634.00 N/A 1,001-10,000 CY 770.00 N/A 10,001 CY and over 933.00 N/A Residential Remodel first 500 s.f.182.00 391.00 each additional 500 s.f.0.00 166.00 Partition - Commercial, Interior (first 30 l.f.)190.00 107.00 each add'l. 30 l.f.0.00 83.00 Photovoltaic Systems Residential First 15kW 136.00 130.00 Ea. Add'l kW 9.00 Commercial First 50 kW 381.00 356.00 Ea. Add'l kW up to 250 kW 0.27 2.37 Ea. Add'l kW over 250 kW 0.37 1.19 Stucco / Siding Applications - each 27.00 178.00 PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 78 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time continued Plan Check Fee $ Inspectio Amnd 552 Relocated Building (within City limits)82.00 498.00 Retaining Wall (concrete or masonry) First 50 lf 190.00 154.00 Each additional 50 lf 0.00 24.00 Re-roofing Composition - no tear off 82.00 47.00 Other roofs (first 10 squares)82.00 83.00 Each additional 10 squares 0.00 24.00 Signs with electric 90.00 107.00 without electric 145.00 71.00 Storage Racks <8 ft, first 100 lf 109.00 83.00 each add'l. 100 lf 27.00 59.00 8 - 12 ft, first 100 lf 109.00 166.00 8 - 12 ft, ea add'l. 100 lf 27.00 95.00 >12 ft, first 100 lf 109.00 202.00 >12 ft, ea. Add'l 100 lf 27.00 119.00 Swimming Pool / Spa - Residential 82.00 308.00 Swimming Pool - Standard Plan - Residential 136.00 N/A Swimming Pool - Standard Plan - Commercial 163.00 N/A Swimming Pool - Other - Commercial 109.00 308.00 PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 79 MISCELLANEOUS ITEMS, including RESIDENTIAL REMODELS & MINOR ALTERATIONS REMODELS & MINOR ALTERATIONS are listed in the following table. Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr* Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Manager Hour, 1-hour minimum 109.00 hr* Bluff Preservation Soils Report Review 552 Hour, 1-hour minimum 218.00 hr* California Building Standards Commision Permit Surcharge 480 Per Permit Valuation 1 - 25,000 1.00 25,001 - 50,000 2.00 50,001 - 75,000 3.00 75,001 - 100,000 4.00 Every 25,000 or fraction thereof above 100,001 Add 1.00 Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr* Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr* Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr* County Facilities Impact Fee paid to County per County Ordinance 505 Fire Fees (for Fire Protection Systems and See Fire Dept Fees 505 related Permits/ Inspections/Reports) Fire Fees (for Building related Plan Check See Planning and Development 505 and Permit/Inspection Fees)Section of Fire Department Fees Grading Plan Check and Permit** per Miscellaneous fee table 505 PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 80 OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Occupancy 552 Certificate of Occupancy / each (Multifamily/Commercial only)53.50 Change of occupancy / per application**per Miscellaneous fee table Change of occupancy (Fire) / per application See Fire Dept Fees Temporary Occupancy Cash deposit to guaranty completion Deposit determined by Director/Designee Inspection and processing / per application 54.00 Paving Replacement Permit 54.00 552 Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* Incorrect address/location given by applicant / per trip)53.50 Premature inspection all (work not ready) / per trip 53.50 Reinspection other than entitled calls / per trip 80.30 Working without required permit / per permit fee 4 times (max.) Relocation/Moving of Building**552 Application and Preinspection for moving building Per Miscellaneous fee table Bond handling fee / per bond 109.00 Bond Requirements Performance bond-owner Determined by Director/Designee Building permit (subsequent to relocation) Hour, 1-hour minimum 109.00 hr* Notice of Intent to Relocate Gas shut-off Set by P.G.& E. Notice of Intent to Relocate Water shut-off ok - Coordinate through Planning Division Plumbing permit, sewer cap or septic tank Per MP&E table PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 81 OTHER FEES related to MISCELLANEOUS ITEMS are as follows: Fee Description & Unit/Time Current Proposed Amnd Relocation/Moving of Building** - continued 505 Street use/housemoving 54.00 No-fee written approval any or all Coordinate approvals City General Services Department through Planning City Fire Department Division City Parks and Recreation " City Police Department " City Traffic Engineer " County Engineering Department " Pacific Telephone " Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00 Plan check renewal of expired plan check Standard fee 25% Minimum 54.00 Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Seismic Fee (Strong--Motion Instrumentation Seismic motion fees are 505 and Seismic Hazard Mapping Fee)established by the Dept. of Conservation, State of California, and are subject to periodic change Signs (other than those listed in fee table)552 Banner permit / per permit 93.00 Zoning review See Sign section under Covenenants and Special Agreements Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00 Workers' Compensation Insurance Verification 552 Per transaction 27.00 * The blended rate for the Building Division (includes fringe and overhead) is $119.00 per hour or is the actual hourly of a consultant, if utilized; plus actual extraordinary expenses in either case. ** Permit fees will be reduced by 50 percent for the inner-city areas and limited to inner-city residential use properties only for Inner City-Highway City, Inner City-Pinedale, and Inner City-Herndon Townsite areas. Fees for relocation within or to an Inner City area will be reduced by 50 percent PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 82 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS • At the discretion of the Development Director/Designee, fee rates may be adjusted, when special circumstances are found to exist, to reflect the actual cost of processing. • For all building services not listed in the building sections or for services determined by the City Building Official to be beyond the regular effort established in this fee schedule, a $119.00 blended hourly rate applies. Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ Plan Check Amnd Note: An Administrative Permit Issuance fee will be charged on all projects in the below table. Any Plan Check Services required on the below projects will be billed at the ADMINISTRATIVE (BASE) FEES 552 Permit Issuance - All projects 22.00$ SIMPLE M,P,E SINGLE OR COMBINATION PERMITS -$ 59.00$ Simple Mechanical Items: -$ 59.00$ Air-handling unit, including attached ducts.-$ 59.00$ Air-handling unit over 10,000 CFM -$ 59.00$ Evaporative cooler -$ 59.00$ Ventilation fan connected to a single duct -$ 59.00$ Ventilation system (not a portion of heating or a/c system)-$ 59.00$ Hood and duct system.-$ 59.00$ Other Misc. appliances or equipment.-$ 59.00$ Simple Plumbing Items: Plumbing fixtures -$ 59.00$ Building sewer -$ 59.00$ Rainwater systems (per drain)-$ 59.00$ Water Heater -$ 59.00$ Industrial waste pretreatment interceptor -$ 59.00$ Water piping and/or water treating equipment (each)-$ 59.00$ Repair or alteration of drainage or vent piping, each fixture -$ 59.00$ Each lawn sprinkler system on any one meter - [deleted]-$ 59.00$ Backflow devices each unit -$ 59.00$ Atmospheric-type vacuum breakers -$ 59.00$ Note: Includes any item or combination of items on the lists below for Mechanical, Plumbing, and Electrical Addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system. PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 83 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ Plan Check Amnd Simple Electrical Items - Systems:-$ 59.00$ 552 Residential swimming Pools -$ 59.00$ Temporary Power Service -$ 59.00$ Temporary power pole.-$ 59.00$ Sub poles (each).-$ 59.00$ Simple Electricial Items - Units:-$ 59.00$ Receptacle, Switch, and Lighting Outlets (per project)-$ 59.00$ Lighting Fixtures (per project)-$ 59.00$ Pole or platform-mounted lighting fixtures (each)-$ 59.00$ Theatrical-type lighting fixtures or assemblies (each)-$ 59.00$ Residential Appliances (each)-$ 59.00$ -$ 59.00$ -$ 59.00$ Busways -$ 59.00$ -$ 59.00$ -$ 59.00$ Signs, Outline Lighting, and Marquees -$ 59.00$ -$ 59.00$ -$ 59.00$ -$ 59.00$ Miscellaneous Apparatus, Conduits, and Conductors -$ 59.00$ -$ 59.00$ Residential Photovotaic Systems - each -$ 59.00$ (An additional fee will be required for lighting fixtures, motors, and other appliances that are connected to trolley and plug-in- type busways. No fee is required for portable tools.) PLANNING & DEVELOPMENT - BUILDING FEES Services of 600 volts or less and not over 400 amperes in rating (each) Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is herein set forth Additional branch circuits within the same sign, outline lighting system, or marquee (each) Residential appliances and self-contained, nonresidential appliances, (each) Appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt-ampere (KVA), in rating,(each) Trolley and plug-in-type busways - each 100 feet or fraction thereof Signs, Outline Lighting, or Marquees supplied from one branch circuit (each) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 84 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ Plan Check Amnd COMPLEX MECHANICAL STAND-ALONE PERMITS 552 FAU less than 100,000 Btu/h -$ 142.00$ FAU greater than 100,000 Btu/h -$ 142.00$ Floor furnace (including vent)-$ 142.00$ Suspended, wall, or floor-mounted heaters -$ 142.00$ Appliance vents not included in an appliance permit -$ 142.00$ -$ 296.00$ -$ 474.00$ 142.00$ COMPLEX ELECTRICAL STAND-ALONE PERMITS Items on this schedule are issued on a per item basis Nonresidential Appliances 237.00$ Power Apparatus 237.00$ Up to and including 1 (each) - -$ 237.00$ Over 1 and not over 10 (each) - -$ 308.00$ Over 10 and not over 50 (each) - -$ 510.00$ Over 50 and not over 100 (each) - -$ 771.00$ Over 100 (each) - -$ 925.00$ -$ 747.00$ Services over 600 volts or over 1000 amperes in rating (each)-$ 984.00$ Other Complex Electrical -$ 984.00$ Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus (all sizes) Rating in horsepower (HP), kilowatts (KW), or kilovolt-amperes (KVA), or kilovolt-amperes-reactive (KVAR): Note: These fees include all switches, circuit breakers, contactors, thermostats, relays, and other directly related control equipment. Services of 600 volts or less and over 400 amperes to 1000 amperes in rating (each) Boiler or compressor, from 3HP to 15 HP / Absorption system from 100,000 Btu/h to 500,000 Btu/h. Other Complex Mechanical Boiler or compressor, up to 3HP / Absorption system up to 100,000 Btu/h. Items on this schedule are issued on a per item basis PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 85 MECHANICAL PLUMBING AND ELECTRICAL - STAND ALONE PROJECTS Plan Check & Inspection/Permit Fees for MECHANICAL, PLUMBING AND ELECTRICAL Stand Alone Projects are listed in the following table Note: Also see Planning and Development Section of Fire Department Fees for Fire Related Plan Check and Permit/Inspection Fees Fee Description & Unit/Time Plan Check Fee $ Plan Check Amnd COMPLEX MECHANICAL STAND-ALONE PERMITS 552 Fire Suppression System / Commercial Hood 119.00$ Onsite Sewer 6" & Over (per lineal ft)12.00$ Onsite Water 6" & Over (per lineal ft)12.00$ Onsite Storm Drain 6" & Over (per lineal ft)12.00$ Other Complex Plumbing 119.00$ Stand Alone M, P, OR E Plan Check (hourly rate)119.00$ OTHER M, P, OR E INSPECTIONS (hourly rate) 119.00$ PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 86 OTHER FEES related to MECHANICAL, PLUMBING and ELECTRICAL Stand Alone projects are as follows: Fee Description & Unit/Time Current Proposed Amnd Addendum to Approved Building Construction Plans 552 Minimum Hour, 1-hour minimum 163.00 hr* Appeals 552 Applications for Building Comission, Joint Advisory and Appeals Board Hour, 1-hour minimum 109.00 hr* Fire Fees (for Fire Protection Systems and See Fire Dept Fees 505 related Permits/Inspections/Reports) Fire Fees (for Building related Plan Check See Planning and Development Section 505 and Permit/Inspection Fees)Fire Department Fees Consulting/Inspection Services--Special 552 Services requested by applicant shall be over and above regular fees During regular business hours. Hour, 1-hour minimum 146.00 hr* Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 166.00 hr* Inspection or consulting service not otherwise listed Hour, 1-hour minimum 146.00 hr* General Plan and Related Document Update and Maintenance 552 Surcharge on all Building Permits 12.83% Penalty 505 A surcharge will be added for complex/incomplete plans hrly rate* Incorrect address/location given by applicant / per trip)53.50 Premature inspection all (work not ready) / per trip 53.50 Reinspection other than entitled calls / per trip 80.30 Working without required permit / per permit fee 4 times (max.) PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 87 OTHER FEES related to MECHANICAL, PLUMBING and ELECTRICAL Stand Alone projects are as follows: Fee Description & Unit/Time Current Proposed Amnd Renewals - Permits and Plan Checks 552 Building permit renewal of expired permit Standard fee 25% Minimum 54.00 Plan check renewal of expired plan check Standard fee 25% Minimum 54.00 Scanning Plans 505 8 ½"x11" / per sheet 0.90 Greater than 8 1/2"x11"/ per sheet 1.80 Technology - Entitlement Processing System Update 552 Surcharge on all Building Permits 19.00 Workers' Compensation Insurance Verification 552 Per transaction 27.00 * The blended rate for the Building Division (includes fringe and overhead) is $119.00 per hour or is the actual hourly of a consultant, if utilized; plus actual extraordinary expenses in either case. PLANNING & DEVELOPMENT - BUILDING FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 88 • • • •A single review fee for traffic and fire will be charged for multiple concurrent applications. •All application fees do not include environmental assessements. • • Inner City Areas IC PLANNING & DEVELOPMENT FEES LAND USE, ZONING, AND SUBDIVISION The Planning and Development Director may authorize absorption of certain fees noted with an "SS" pursuant to the 311th Amendment to the Master Fee Schedule (Resolution No. 94-268, 11/94) and Council Resolution 95-315 (11/28/95) to encourage small subdivisions on infill parcels. Unless otherwise determined by the Planning and Development Director, fees shall be required for the filing of any application under the zoning ordinance by a governmental agency or a public entity including a city, county, school district, or other special district. Fee reductions are available for encouragement of "inner city"projects in the area described below (indicated by "IC", "IC-H", "IC-P"and “IC-HT”in "Acct"column) (314th and 330th Amendment, 12/06/94 and 11/29/96, respectively). Exception: Inner City fee reductions shall not apply to any Alcoholic Beverage Conditional Use Permit (ABCUP)or to applications where uses would contain 3 or more pool tables and or billiard tables (327th Amendment, Resolution No. 96-100, 05/07/96). INNER CITY shall mean the 21 square mile area within the following described boundary: beginning at the intersection of the centerlines of East Shields Avenue and North Chestnut Avenue; thence south along the centerline of Chestnut Avenue to the intersection with the centerline of East California Avenue; thence west along the centerline of California Avenue and projections of said California Avenue to the intersection with the centerline of South West Avenue; thence north along the centerline of West Avenue and projections of said West Avenue to the intersection with the centerline of State Highway 99; thence northwesterly along the centerline of State Highway 99 to the intersection with the centerline of West Shields Avenue; thence east along the centerline of Shields Avenue to the point of beginning.All parcels lying outside the INNER CITY boundary with a legal address on the boundary streets are considered to be within the INNER CITY boundary. For all Planning and Land Section Services not listed in the Land Use and Zoning, and Subdividion sections or for services determined by the Director to be beyond the regular effort established in this fee schedule, a $187.00 blended hourly rate applies. At the discretion of the Development Director/Designee, fee rates may be adjusted when special circumstances are found to exist to reflect the actual cost of processing. Special conditions may result in additional requirements. CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 89 IC-H IC-P C-HT INNER CITY-HIGHWAY CITY shall mean the 640 acre area circumscribed by a boundary described as beginning at the intersection of North Hayes Avenue and West Shaw Avenue; thence south along the center line of North Hayes Avenue to the intersection of North Hayes Avenue and West Gettysburg Avenue; thence east along the center line of the extension of the West Gettysburg Avenue alignment to the intersection of that alignment to the center line of Golden State Boulevard; thence northwesterly along the center line of Golden State Boulevard to the intersection of Golden State Boulevard and the center line of the Herndon Canal; thence southwesterly along the center line and the projection of the Herndon Canal to the intersection of said projection and the center line of West Shaw Avenue; thence west to the point of beginning.All parcels with a legal address on the boundary streets are considered to be within the boundary. Fee reductions apply to residential uses only. PLANNING & DEVELOPMENT FEES LAND USE, ZONING, AND SUBDIVISION INNER CITY-PINEDALE shall mean the 698 more or less acre area circumscribed by a boundary beginning at the intersection of North Fresno Street and East Alluvial Avenue; thence west along the westerly projection of the center line of East Alluvial Avenue and West Alluvial Avenue to the intersection of West Alluvial Avenue and North Ingram Avenue; thence north along the center line of North Ingram Avenue to the intersection of North Ingram Avenue and West Nees Avenue; thence west along the center line West Nees Avenue to the intersection of the extension of West Nees Avenue and the San Joaquin Canal; thence southwesterly along the center line of said canal to the intersection of the San Joaquin Canal and the northerly prolongation of the center line of North Harrison Avenue; thence south along the prolongation of the center line of North Harrison Avenue to the intersection of North Harrison Avenue and the easterly projection of the north line of lot 42 of San Joaquin Heights; thence westerly along said projection of the north line of lot 42 and along the north line of lots 42 to 33, inclusive, and the westerly projection of the north lot line of lot 33 of San Joaquin Heights to the intersection of the center line of North Thorne Avenue and the westerly projection of lot 33 of San Joaquin Heights; thence south along the centerline of North Thorne Avenue to the intersection of North Thorne Avenue and West Herndon Expressway; thence east along the center line of West Herndon Expressway and East Herndon Expressway to the intersection of East Herndon Expressway and North Fresno Street; thence north along the center line of North Fresno Street to the point of beginning.All parcels with a legal address on the boundary streets are considered to be within the area. Fee reductions apply to residential uses only. INNER CITY-HERNDON TOWNSITE shall mean the 27 acre area circumscribed by a boundary described as beginning at the intersection of the centerline of West Elgin Avenue and the north rights of way line the Southern Pacific Railroad; thence northwesterly along said north rights of way line of the Southern Pacific Railroad to the intersection with the north boundary of the Town of Herndon (Miscellaneous Maps, Book 1, Page 27, Fresno County Records); thence easterly along said north boundary of the Town of Herndon, the north boundary of Herndon Park (Plat Book 12, Page 87, Fresno County Records) and the projection of said north boundary of Herndon Park to the intersection with the centerline of West Elgin Avenue; thence southwesterly along said centerline of West Elgin Avenue to the point of beginning.All parcels with a legal address on the boundary streets are considered to be within the area. Fee reductions apply to residential uses only. CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 90 LAND USE, ZONING, AND DIVISION Fee Description & Unit/Time Current Proposed Amnd Address Change 552 Assignement - Parcel Map 224.00 Assignment - Tract Map 476.00 Assignment - Tract Map per each additional 50 lots 187.00 Change 238.00 Annexation Application Fee (LAFCO feees must be paid by applicant)552 Inhabited 12,309.00 Un-inhabited 9,139.00 Appeal by Applicant (requiring Planning Commission review)839.00 552 Bond/Performance and Surety 511 Processing, handling, and release / per request 187.00 Surety bond, house mover Minimum bond 2,000.00 City Attorney Development-Related Special Services City Attorney Special Services—Extraordinary, nonsecurity method, covenant, zoning and other land use inquiry, and miscellaneous legal services not covered by other fees—on request of applicant or owner subject to availability of staff During regular business hours Hour, 1-hour minimum*2 x billable or hrly rate* Other than regular business hours (except Sundays and Holidays) Hour, 1-hour minimum*2.5 x billable or hrly rate* * Billable rate or hourly rate includes fringe of each employee, plus actual expenses. Conditional Use Permit (CUP)552 All CUP Fees will be reduced by 50 percent for the inner-City areas/except for ABCUPs and uses with pool or billiard tables. Application:11,610.00 File Stuffer 140.00 PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 91 LAND USE, ZONING, AND LAND DIVISION Fee Description & Unit/Time Current Proposed Amnd Conditional Use Permit (CUP) - continued 511 Fire Department Plan Review of CUP Application 247.00 Police Department Review of CUP/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review/per application 525 Application Level 1 31.00 Level 2 275.00 Level 3 518.00 Level 4 1,036.00 Amendment to approved CUP (minor)5,092.00 552 Revised exhibit (major) / per request 2,648.00 Revised exhibit (minor) / per request 492.00 minor RE includes:Reapplication fee for subsequent owners, Fences on a single-family reversed corner lot, Larg-family day-care home (FMC 12-306-N-42) Plus hourly consulting fee as required (all amendments) 1 hour minimum* Corrected Exhibits (all CUPs) after first 2 653.00 552 Special use CUP* Condominim Conversion 22,380.00 Per 100 Units 3,730.00 Conditional Use Permit - ABCUP 552 Standard off-sale 10,910.00 Standalone on-sale (bar /nightclub)5,595.00 Minimal Impact (on-sale retaurant or tasting room)2,798.00 Major Modification 1,865.00 Minor Modification 373.00 New Alcohol use submitted with full related development permit or CUP 1,865.00 * Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 92 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd City Street Trees 456 Inspection when planted by private party / per tree 30.00 Covenants 552 Preparation and recording 1,492.00 Revision of Covenants 933.00 Release of covenant 560.00 County recordation fee / per document Current rate Deviation Application 552 Minor Deviation / per application 250.00 Director’s Determination 552 Per application 1,500.00 Draw-Down Account Administrative Fee 511 Annual fee per account 216.00 DRC Process 200.00 552 Encroachment Public right-of-way See Street Work Fees Public utility easement / per application 560.00 Rear yard encroachment See Site Plan Review Fees Environmental Assessment Fee (all private and non-entitlement public projects)552 NOTE: Environmental Assessment fees shown with asterisks (*) will bereduced by 50 percent for the inner-City areas. Categorical Exemption / per application 560.00* Negative Declaration / per application 5,968.00** Mitigated Negative Declaration/per application 10,631.00** Related Special Studies for all Eas hrly rate* Planning Review of others' Special Studies (each)374.00 Planning Review of Traffic Studies (each)561.00 Outsourced Initial Study City Facilitation 2,798.00 Consultant Costs 20,000.00 *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 93 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Environmental Assessment Fee - continued (all private and non-entitlement public projects)511 NOTE: Environmental Assessment fees shown with asterisks (*) will be reduced by 50 percent for the inner-City areas. Application/Filing Fees (on Fining of Conformity, Mitigating Negative Declaration) City filing fee/application + filing fees 55.00 511 County lerk filing fee/application + filing fees.50.00 464 Fire Department Review Private Project / per application 247.00 Police Department Review/per application (exclude senior 210.00 409 citizen functions) Traffic Engineering Review Private Project / per application 91.00SS Traffic Engineering Review Tentative Parcel and Tract Maps Per application 91.00SS Fish and Game Filing Fee (for applicable projects)Current fee as 546 Payable to: County of Fresno (to be remitted to the reflected on the State of California)California Department of Fish and Wildlife Website. Environmental Impact Report (EIR)552 Analysis of EIR for private projects and non entitlement public projects NOTE: All EIRs are billed based on total Staff Time & Materials with a base deposit required as listed.* Focus - minimum deposit 67,421.00 Program - minimum deposit 97,448.00 City filing fee 55.00 County Clerk filing fee 50.00 464 Fish and Game Filing fee for EIRs Current fee as 546 Payable to: County of Fresno (to be remitted to the reflected on the State of California)California Department of Fish and Wildlife Website. *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 94 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Flood Control Appeal / per application 365.00 Deferment of fees / per application 110.00 Drainage fees of the Fresno Metropolitan Flood Control See Exhibit "C"439 District (FMC 13-13) General Plan and Related Document Update and Maintenance 511 Surcharge on all Building Permits 10% GIS Research Request 187.00 552 Historic Preservation Application 1,306.00 552 Map - Tentative Parcel Map 552 NOTE: Parcel Map fees shown with an asterisk (**) will be reduced by 50 percent for Inner-city areas. Pre-application and Verification 2,798.00 Tentative Parcel Map Filing (5 lots or more) / each 7,460.00** Tentative Parcel Map Filing (4 lots or less) / each 5,595.00** Environmental Assessment See Environmental Assessment Fees Traffic Engineering review tentative parcel map / per request 290.00 Fire Department review tentative parcel map / each 134.00 Parks, Recreation & Community Review tentative parcel map / eac 31.00 409 Revised Tentative Parcel Map 552 NOTE: All Revised Parcel Maps are billed based on total staff Time and Materials with a base deposit as listed.* Major / each minimum deposit 1,492.00 Minor / each minimum deposit 746.00 Time Extension or Continuation of scheduled 1,865.00 552 item at the request of applicant Revised Conditions Minor 746.00 Major 2,238.00 Map - Final Parcel Map See Subdivision Section PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 95 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Map - Tentative Tract Map 552 Pre-application and verification / each 3,917.00 Tentative Tract Map filing Base fee per Map 19,769.00 Per each 50 lots 7,460.00 Environmental Assessment See Environmental Assessment Fees UGM Application See UGM Application Fees In Subdivision Section *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 96 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Traffic Engineering review tentative parcel map / per request 470.00SS Parks, Recreation & Community Review tentative parcel map / each 124.00 Fire Department Review Pre-application / each 134.00 Tentative tract map / each 134.00 Final map / each 134.00 Revised Tentative Tract Map 552 Major / each 11,190.00 Minor / each 3,730.00 Time Extension or Continuation of scheduled 5,036.00 552 item at the request of applicant Map - Final Tract Map Filing See Subdivision Section Master Development Agreement 552 NOTE: All Master Development Agreements are billed based on total time & materials with a base deposit require as listed.* Master Development Agreement base deposit 28,535.00 Meetings - Planning Commision, City Council 552 Special Meeting at request of applicat / per request 2,052.00 Time Extension or Continuation of scheduled item at the request of applicant 1,679.00 Official Plan Line - Director's Determination Time & Materials 511 Planning / each 409 (does not include environmental or engineering costs) *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 97 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Plan Modification (Amendments to in-process plans)/ 5,045.00 552 per request Plan Amendment 511 NOTE: Plan Amendment fees shown with asterisks (**) will be reduced by 50 percent for the inner-city areas. Amendments to redevelopment projects not included. New Application 18,184.00 552 PA and Rezone Combo 20,049.00 Traffic Engineering review / per proposal 163.00 Planned Community Development 552 NOTE: All Formal Applications for Planned Community Developments and their separate EIRs are billed based on total staff Time & Materials with a base deposit required as listed.* Preliminary Application - inclued project conference, and review 16,692.00 for acceptability for processing (EIR is not included and is charged separately) Formal Application minimum deposit - includes public hearings,33,198.00 Development Agreement preparation and review Planned Development - Standalone 9,325.00 552 Planned Development (related to CUP of DP)3,730.00 552 Planned Development (related to a map, no CUP)5,595.00 552 Private Irrigation Line Maintenance / per linear foot 5.00 *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 98 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Refunds, Handling Charge 552 NOTE: refunds include Handling fee and are less cost of Staff Time already incurred on project (related to all Building, Planning and Subdivison entitlement fees)* Handling Fee 187.00 Release Hold on Occupancy 511 Planning Entitlement related 55.00 Subdivision Entitlement related 413.00 Release of Lien Recording of release of lien on real property / per release 60.00 500 Response to Zoning Inquiries--Written 552 NOTE: All Responses to Inquiries are based on total Staff Time and Materials with a minimum 1 hour deposit.* Response to basic zoning questions identified on application 187.00 Response to other / specialized questions 522.00 Per Parcel / Address fee for requests for multiple addresses 187.00 or parcels Waiver or Interpretation of Development Standards (staff 746.00 support for process) Rezoning* NOTE: Rezone fees shown with asterisks(**) will be reduces by 50 percent for the inner-city areas. Rezone (all)11,190.00** Modifications to zoning conditions 10,258.00** Fire Prevention fee per application 134.00 Traffic Engineering review Rezone, all other districts / per application 110.00 Rezone, single family / per application 110.00 Scanning Entitlements 140.00 511 NOTE: All scanning charges are based on a standard quantity of pages to be used per entitlement type and are billed up front with the entitlement fees 8 1/2" x 11" / per sheet (using standard quantities 0.90 per entitlement)1.80 Greater than 81/2" x 11" / per sheet Security Wire Permit Per application 466.00 552 Temporary Use Permit 552 Minor/ over the counter 187.00 Major / routed 280.00 *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 99 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Signs/Zoning Review 552 Master sign program / per program 1,399.00 Revision to MSP 373.00 On-site signs / per application 261.00 Master sign program conformance review / per application 140.00 Temporary / Banner 93.00 Site Plan Review (SPR)10,575.00**552 NOTE:Site Plan Review Fees shown with asterisks (**) will be reduced by 50 percent for inner-City areas. Fire Prevention fee / per application 247.00 Police Site Plan review / per application (exclude senior 210.00 409 citizen functions) Traffic Engineering review / per application 525 Level 1 31.00 Level 2 275.00 Level 3 518.00 Level 4 1036.00 Amendment to approved SPR 552 NOTE: Fees shown with asterisks (**) will be reduced by 50 percent for inner-City areas. Amendment 6,714.00 Major Revised exhibit / per request 2,648.00** Minor revised exhibit / per request 532.00** plus hourly consulting fee as required (all Amendments) 1 hour minimum* File Stuffer 168.00 Rear yard encroachment 187.00 552 PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 100 LAND USE AND ZONING Fee Description & Unit/Time Current Proposed Amnd Corrected Exhibits (all SPRs) after first two 653.00 552 Special and Consulting Services 552 Services requested by applicant related to land use & zoning. Charges are in addition to the regular application fees, subject to the availability of staff: During regular business hours Hour, 1-hour minimum 187.00 hr* Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 191.00 hr* Consulting Service not otherwise listed Hour, 1-hour minimum 187.00 hr* Street Name Change 11,656.00 552 Tree Removal Permit - fee not required for Single Family Homes 187.00 552 Variance 552 NOTE: Variance fees shown with astersiks(**) will be reduced by 50 percent for the inner-city areas. IM Priority Area Variances 1,865.00 Security-related 6,826.00** Single-family residential lot, 1 acre or less/per application 3,730.00** All other applications/per application 9,959.00** Variance associated with a Development Permit or CUP 3,730.00 Voluntary Parcel Merger 627.00 525 Waiver or Interpretation of Development Standards (staff suport for process)552 Per request 187.00 Zoning Clearance 552 Minor 30.00 Moderate 373.00 Major 1,865.00 Zoning Ordinance Text Amendment 552 Per application 13,242.00 *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 101 SUBDIVISION Fee Description & Unit/Time Current Proposed Amnd Builidng Plan Check - Offsite Improvements 552 Commercial 47.00 Residential 280.00 Covenants 552 Preparation and recording 1,492.00 Revision of Covenant 933.00 Release of Covenant 560.00 Lot Line Adjustment -511 Application 1,051.00 Map - Tentaive Parcel Map See Land Use 511 and Zoning Section Map - Final Parcel Map 511 Final Parcel Map filing (5 lots or more) / each 5,134.00 Final Parcel Map filing (4 lots or less) / each 3,823.00 Parcel Map Waiver Certificate request / per request 774.00 Map - Tentaive Tract Map See Land Use 511 and Zoning Section Map - Final Tract Map Filing 511 Map 6,228.00 Per 50 lots 1,827.00 Meeting -Planning Commission, City Council 552 Special Meeting at request of applicant / per request 2,052.00 Time Extension or Continuation of scheduled item at the request of applicant 1,679.00 Special Agreements 552 Special Developments Simple Residential Deferral / per agreement 285.00 Standard / per agreement 640.00 Major / per agreement 1,710.00 Early Construction (Sewer, Water, Streets) / per agreement 450.00 Early Issuance of Building Permit / per agreement 1,865.00 Revision of Agreement See Covenant Revision Assumption Agreement / per agreement 1,010.00 Substitution of Securities / per agreement 390.00 PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 102 SUBDIVISION Fee Description & Unit/Time Current Proposed Amnd Special and Consulting Services 552 Services requested by applicant related to subdivison fees 52.00 Charges are in additon ot the regular application fees, subject to the availaability of staff:2,620.00* During regular business hours Hour, 1-hour minimum 187.00 hr* Other than regular business hours (except Sundays and holidays) Hour, 1-hour minimum 191.00 hr* Consulting Service not otherwise listed Hour, 1-hour minimum 187.00 hr* Street Signs, Striping & Markers 393 Street name sign / per set Overhead Sign (per installation)223.00 Ground Mounted (per installation)151.00 Mounted on Street Light Pole (per installation)142.00 Stop Signs on U-Channel Post (per installation)106.00 Stop Signs on Street Light Pole (per installation)109.00 Street striping and pavement markers / per lane mile 4" White skip or solid .04 per l.f. 6" White solid .12 per l.f. 8" White solid .14 per l.f. 12" White solid .20 per l.f. 4" Yellow skip or solid .06 per l.f. 6" Yellow solid .14 per i.f. 8" Yellow solid .16 per l.f. 12" Yellow solid .22 per l.f. New letters and turn arrows (each letter or arrow)5.50 Install handi-cap stalls 25.00 ea. Raised wheel stops 25.00 ea. Removal of any striping or stenciling .70 per foot Labor rate (per hour)35.34 per hr Warning and regulatory signs / per sign 77.00 NOTE: see also Public Works for fees on Bike Land Striping *Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 103 SUBDIVISION Fee Description & Unit/Time Current Proposed Amnd Subdivision Agreement Preparation 2,290.00 511 Subdivision - Miscellaneous Processes 511 Additional tax certification process 197.00 Certificate of Compliance (SMA 66499.35) / per certificate 1,693.00 Certificate of Correction (SMA 66469) Minor / per certificate 197.00 Major / per certificate 592.00 Monument Check Lot 30.00 Minimum 200.00 Monument Recheck / each Monument check fee +73.00 Record of Survey Processing / each 545.00 511 PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 104 • CRR - Associated Major Roadway Infrastructure Facility Fee1 *7,972/gross acre 491 CRR - Interior Collector Roadway Facility Fee1 *26,676/gross acre 491 CRR - Sewer Backbone System Facility Fee2 *877/EDU 491 NOTES: 2 Commercial Land uses are based on 5.8 edu’s per acre. * Fees effective 60 days after final passage. PLANNING & DEVELOPMENT FEES COPPER RIVER RANCH IMPACT FEE All rates in this section apply to land known as Copper River Ranch bound by Copper Avenue to the South, Friant Avenue to the West,Willow Avenue to the east and approximately one mile north of Copper Avenue as studied in the program EIR10126. These fees are developed and adopted based on August 16, 2007 Fee Study for Copper River Ranch.Any entitlement within the project boundary identified above is subject to the Copper River Ranch fees pursuit to the following schedule. 1 Fee Calculations for the Associated Major Road Infrastructure Facilities and Interior Collector Street Facilities fees do not, nor intended to,overlap with improvements (specifically pavements, median curbs, and other improvements) covered in the City of Fresno, Major Street Impact Fees (FMSI) or the Traffic Signal Mitigation Impact Fee (TSMI). 3 As the improvements are constructed and reimbursement requests are submitted,the City of Fresno shall disburse funds as those funds become available.The developer must submit the appropriate information to the City in order to be considered for reimbursement (see City reimbursement procedures). Reimbursements will be made in the order that the infrastructure improvements were accepted by the City. CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 105 •All rates in this section apply to land in the Urban Growth Management (UGM) area only. These fees are in addition to land use and construction requirements. •For parcels of land located in a land-use district not listed below, the Development Department Director shall fix a rate using the rate for a land-use district below which, in the Director's opinion, is most similar to the district. Fire Station Service Area No. 2 Service Rate Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 74.00 S-L*,R-1-B, R-1-C, R-1-B/PUD 122.00 R-1-C/PUD, R-1, R-1/PUD 278.00 R-2, R-2-A, M-H, T-P 555.00 R-3, R-3-A, R-4 740.00 C-1 through C-6, C-C, C-1-P, C-P, P, R-P 492.00 Industrial 492.00 * On October 8, 1992, the Development Department Director made the determination that the C-P and R-P districts are most similar to the S-L district (Ordinance No. 91-102) for UGM fee rate purposes. Fire Station Service Area No. 13 Service Rate Per Gross Acre S-L, R-A, R-1, R-1-A, R-1-AH, R-1-B, R-1-C, R-1-E, R-1-EH 251.00 R-2, R-2-A 307.00 M-H, R-3, R-3-A, T-P 340.00 R-4 417.00 M-1, M-1-P, M-2, M-3, C-R 600.00 C-P 614.00 C-M, R-P, R-P-L,654.00 C-1 through C-6, C-C, C-P P 742.00 AE-5, AE-20, 0 No Fee PLANNING & DEVELOPMENT FEES UGM FIRE STATION CAPITAL FEE (FMC 12-4.508) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 106 Fire Station Service Area No. 14 Service Rate Accl. Rate Per Gross Acre Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 87.00 169.00 S-L, R1-B, R-1-C 206.00 400.00 R-1 282.00 547.00 R-2-A, R-2, T-P 1,060.00 2,056.00 M-H, R-3-A, R-3, R-4 1,317.00 2,555.00 C-1 through C-6, C-C, C-P, C-R, C-L, C-M, M-1,564.00 1,094.00 M-1-P, M-2, M-3, R-P, R-P-L Fire Station Service Area No. 15 Service Rate Accl. Rate Per Gross Acre Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 109.00 188.00 S-L, R-1-B, R-1-C 257.00 442.00 R-1 352.00 605.00 R-2-A, R-2, T-P 1,324.00 2,277.00 M-H, R-3-A, R-3, R-4 1,644.00 2,828.00 C-1 through C-6, C-P, C-L, C-R, C-M, C-C, M-1,704.00 1,211.00 M-1-P, M-2, M-3, R-P, R-P-L Fire Station Service Area No. 16 Service Rate Semi Accl. Rate Accl. Rate Per Gross Acre Per Gross Acre Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 25.00 205.00 385.00 S-L, R-1-B, R-1-C 60.00 483.00 907.00 R-1 82.00 662.00 1,242.00 R-2-A, R-2, T-P 308.00 2,490.00 4,671.00 M-H, R-3, R-3-A, R-4 383.00 3,092.00 5,802.00 C-P, C-R, C-M, M-1, M-1-P, M-2, M-3,164.00 1,324.00 2,485.00 R-P, R-P-L, P, C-1 through C-6, C-C, C-L Fire Station Service Area No. 17 Service Rate Semi Accl. Rate Accl. Rate Per Gross Acre Per Gross Acre Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 23.00 136.00 250.00 S-L, R-1-B, R-1-C 63.00 321.00 589.00 R-1 73.00 440.00 807.00 R-2, R-2-A, T-P 274.00 1,655.00 3,036.00 M-H, R-3-A, R-3, R-4 340.00 2,055.00 3,770.00 C-P, C-R, C-M, M-1, M-1-P, M-2, M-3,145.00 880.00 1,615.00 R-P, R-P-L, P, C-1 through C-6, C-C, C-L PLANNING & DEVELOPMENT FEES UGM FIRE STATION CAPITAL FEE (FMC 12-4.508) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 107 Fire Station Service Area No. 21 Service Rate Accl. Rate Per Gross Acre Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 114.00 370.00 S-L, R-1-B, R-1-C 187.00 610.00 R-1 411.00 1,388.00 R-2-A, R-2, T-P 855.00 2,775.00 M-H, R-3-A, R-3, R-4 1,140.00 3,700.00 C-P, C-R, C-M, M-1, M-1-P, M-2, M-3,758.00 2,460.00 R-P, R-P-L, P, C-1 through C-6, C-C, C-L Undesignated Service Area Service Rate Per Gross Acre AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH 250.00 S-L, R-1-B, R-1-C, R-1-B/PUD 600.00 R-1, R-1-C/PUD, R-1/PUD 800.00 M-H, R-2, R-2-A, T-P 3,000.00 R-3, R-3-A, R-4 3,700.00 C-1 through C-6, C-C, C-M, C-1-P, C-P, P, 1,600.00 R-P Industrial 1,600.00 Fire Impact Fee - Citywide**^551 Single family residential / per unit 1,893.00 Effective Multi-family residential (>7.5 units/acre) fee per unit 1,429.00 8/19/2019 Office fee per 1,000 Sq. Ft. of building 757.00 Retail fee per 1,000 Sq. Ft. of building 662.00 Industrial fee per 1,000 Sq. Ft. of building 379.00 PLANNING & DEVELOPMENT FEES UGM FIRE STATION CAPITAL FEE (FMC 12-4.508) ^ Adjusted on July 1 annually, beginning July 1, 2020, based on the 20-City Construction Cost Index as reported in the Engineering News Record for the 12-month period ending in May of the year of adjustment. ** Fee applicable to map accepted for filing after August 30, 2005 and all Developers after November 27, 2005. CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 108 Major Street Charge Fee Credits -- Prior to Fees are per Linear Foot Zones A, B, C 1978 1979 1980 1981/1982 Travel lane Arterial 13.00 16.00 19.25 22.25 Collector 11.00 13.00 15.25 17.25 Travel lane with shoulder Arterial 17.00 21.25 25.50 29.75 Collector 15.00 17.50 20.25 23.00 Travel lane with median curb Arterial 17.50 21.50 25.25 29.25 Travel lane with median curb and shoulder Arterial 22.00 27.00 31.75 36.75 Zones D-1, D-2 Travel lane Arterial 10.50 13.00 15.50 18.00 Collector 8.75 10.75 12.50 14.50 Zones E-1, E-2, F Travel lane with shoulder Arterial 14.00 17.25 20.75 24.00 Collector 11.75 14.25 17.00 19.50 Zones E-3, E-4, E-5 Travel lane with median curb Arterial 15.00 18.25 21.75 25.00 Travel lane with median curb and shoulder 18.50 22.50 26.75 31.00s Major Street Charge Fee Credits -- After October 22, 1982 Fee credits are based on 12-foot travel lanes, 4-foot shoulders, and 22-foot medians. Variances from these standards will be adjusted on a pro-rata basis. Zones A, B, C-D-2, D-1/E-2, E-1, F Per Linear Foot Travel lane Arterial streets 19.50 Collector streets 14.50 Travel lane with shoulder Arterial streets 24.50 Collector streets 19.50 Finished median with curbs 25.00 Graded median without curbs 11.00 Left-turn pocket with island curbs / each 19,000.00 PLANNING & DEVELOPMENT FEES UGM MAJOR STREET CHARGE AND FEE CREDITS (FMC 12-226) October 22, 1982 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 109 Major Street Charge Fee Credits -- After October 22, 1982 (continued) Zones E-3, E-4, E-5 Per Linear Foot Travel lane Arterial streets 15.75 Collector streets 12.25 Travel lane with shoulder Arterial streets 21.00 Collector streets 17.00 Finished median with curbs 21.00 Graded median without curbs 8.00 Left-turn pocket with island curbs / each 17,700.00 Charges and fee credits for projects approved during 1979, 1980, and 1981, represent the 1978 figures adjusted upwards by 22.3 percent for 1979, 44.7 percent for 1980, and 67.8 percent for 1981/1982 to reflect increased construction costs. In no event shall the total actual fee credit for such years be less than the total fee credit established for 1978. Applicable to the year in which the major street improvements are accepted by the City. In the event of a reimbursement, the major street charges paid prior to October 22, 1982, shall be adjusted upward to reflect the rates established here. In no event shall the reimbursement be less then the reimbursement amount established for 1978. Per Gross Acre (excludes area of major street) 1978 1979 1980 1981/1982 Zone A 650.00 795.00 940.00 1,085.00 Zone B 710.00 870.00 1,025.00 1,185.00 Zone C 855.00 1,095.00 1,235.00 1,430.00 Zone D-1 270.00 330.00 390.00 450.00 Zone D-2 270.00 330.00 390.00 450.00 Zone E-1 895.00 1,095.00 1,295.00 1,495.00 Zone E-2 680.00 830.00 895.00 1,135.00 Zone E-3 820.00 1,000.00 1,185.00 1,370.00 Zone E-4 700.00 855.00 1,015.00 1,170.00 Zone E-5 180.00 220.00 260.00 300.00 Zone F 895.00 1,095.00 1,295.00 1,495.00 PLANNING & DEVELOPMENT FEES UGM MAJOR STREET CHARGE AND FEE CREDITS (FMC 12-226) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 110 Per Gross Acre (excludes area of major streets) Major Street Charges -- Applicable to all Building Permits issued 443 prior to July 1, 2007 Applicable to each lot created by a vesting subdivision map accepted for filing prior to January 23, 2007, and whose vesting rights have not expired. Zone A -0- Zone B -0- Zone C/D-2 2,798.00 Zone D-1/E-2 3,161.00 Zone E-1 2,436.00 Zone E-3 4,053.00 Zone E-4 3,531.00 Zone E-5 -0- Zone F 3,625.00 All other zones, charges, and fees are established by the Public Works Director Per Gross Acre (excludes area of major streets) Major Street Charges -- Applicable to all Building Permits issued 443 prior to July 1, 2007 Applicable to each lot created by a vesting subdivision map accepted for filing prior to January 23, 2007, and whose vesting rights have not expired. Zone A -0- Zone B -0- Zone C/D-2 94.00 Zone D-1/E-2 304.00 Zone E-1 254.00 Zone E-3 232.00 Zone E-4 196.00 Zone E-5 -0- Zone F 72.00 All other zones, charges, and fees are established by the Public Works Director PLANNING & DEVELOPMENT FEES UGM MAJOR STREET CHARGE AND FEE CREDITS (FMC 12-226-1) UGM MAJOR STREET BRIDGE CHARGE (FMC 11-226-1) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 111 Per Gross Acre (excludes area of major streets) Citywide Locally Regionally Significant Street Impact Fee 529 Effective 2/06/2017 Residential (Low-Medium) Residential (Medium/High-High) Commercial Retail Commercial Office Light Industrial Heavy Industrial Per Gross Acre (excludes area of major streets) New Growth Area Major Street Impact Fee ^529 Effective 2/06/2017 Residential (Low-Medium) Residential (Medium/High-High) Commercial Retail Commercial Office Light Industrial Heavy Industrial * Includes Citywide locall regionally significant street charge. 12,198.00 PLANNING & DEVELOPMENT FEES CITYWIDE LOCALLY REGIONALLY SIGNIFICANT STREET CHARGE (FMC 11-226.2) The Citywide Regional Street Impact Fee shall be applicable to all building permits issued after July 1, 2007, except for those lots that are protected under vesting map rights which have not expired.This fee would also be applicable to any lots created by subdivision whose map was accepted for filing after January 23, 2007. Fee shall be calculated on a net acreage basis - gross area less major street dedications. NEW GROWTH AREA MAJOR STREET CHARGE (FMC 11-226.2) The New Growth Area Major Street Impact Fee shall be applicable to all building permits issued after July 1, 2007, except for those lots that are protected under vesting map rights which have not expired.This fee would be applicalbe to any lots created by subdivision whose map was accepted for filing after January 23, 2007. Fee shall be calculates on a net acreage basis - gross area less major street dedications. ^Adjusted on July 1 annually, beginning July 1, 2018, based on the 20-City Construction Cost Index as reported in the Engineering News Record for the 12-month period ending in May of the year of adjustement. 8,038.00 15,607.00 14,213.00 7,401.00 15,054.00 4,281.00 2,631.00 22,126.00 42,999.00 39,941.00 37,805.00 CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 112 For parcels of land located in a land-use district not listed below, the Development Department Director shall fix a rate using the rate for a land-use district below which, in the Director's opinion, is most similar to the district. Service Rate Accl. Rate Per Gross Acre Per Gross Acre Park Service Area No. 1 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 213.00 426.00 R-1-B, R-1-C 352.00 705.00 MH, R-1 799.00 1,598.00 R-2-A, R-2, T-P 1,598.00 3,196.00 R-3-A, R-3, R-4 2,131.00 4,263.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 400.00 800.00 M-1-P, M-1, M-2, M-3 213.00 426.00 Park Service Area No. 2 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 319.00 638.00 R-1-B, R-1-C 526.00 1,053.00 MH, R-1 1,196.00 2,392.00 R-2-A, R-2, T-P 2,392.00 4,785.00 R-3-A, R-3, R-4 3,190.00 6,380.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 599.00 1,198.00 M-1-P, M-1, M-2, M-3 319.00 638.00 Park Service Area No. 3 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 429.00 858.00 R-1-B, R-1-C 708.00 1,415.00 MH, R-1 1,609.00 3,219.00 R-2-A, R-2, T-P 3,219.00 6,438.00 R-3-A, R-3, R-4 4,292.00 8,584.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 805.00 1,609.00 M-1-P, M-1, M-2, M-3 429.00 858.00 Park Service Area No. 4 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 238.00 476.00 R-1-B, R-1-C 393.00 786.00 MH, R-1 892.00 1,783.00 R-2-A, R-2, T-P 1,783.00 3,567.00 R-3-A, R-3, R-4 2,378.00 4,756.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 447.00 893.00 M-1-P, M-1, M-2, M-3 238.00 476.00 PLANNING & DEVELOPMENT FEES UGM PARK FEES (FMC 12-4.509) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 113 Service Rate Accl. Rate Per Gross Acre Per Gross Acre Park Service Area No. 5 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 328.00 655.00 R-1-B, R-1-C 541.00 1,082.00 MH, R-1 1,230.00 2,459.00 R-2-A, R-2, T-P 2,458.00 4,915.00 R-3-A, R-3, R-4 3,277.00 6,554.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 615.00 1,230.00 M-1-P, M-1, M-2, M-3 328.00 655.00 Park Service Area No. 6 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 219.00 438.00 R-1-B, R-1-C 361.00 722.00 MH, R-1 821.00 1,641.00 R-2-A, R-2, T-P 1,641.00 3,283.00 R-3-A, R-3, R-4 2,188.00 4,376.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 410.00 821.00 M-1-P, M-1, M-2, M-3 219.00 438.00 Park Service Area No. 7 Zone District Classification S-L, AE-5, AE-20, R-A, R-1-A, R-1-AH, R-1-E, R-1-EH, O 490.00 980.00 R-1-B, R-1-C 809.00 1,618.00 MH, R-1 1,225.00 2,450.00 R-2-A, R-2, T-P 3,676.00 7,351.00 R-3-A, R-3, R-4 4,901.00 9,801.00 C-1 through C-6, C-C, CL, CM, C-P, C-R, P, R-P 919.00 1,838.00 M-1-P, M-1, M-2, M-3 490.00 980.00 Park Facility Impact Fee - Citywide**^~Per Unit Single Family Dwelling 4,027.00 Multi-Family Dwelling (>7.5 units/Acre)3,037.00 Quimby Parkland Dedication Fee***^~Per Unit (Applicable to land divisions only) Single Family Dwelling****1,216.00 Multi-Family Dwelling****918.00 UGM PARK FEES (FMC 12-4.509) **Fee applicable to maps accepted for filing after August 30, 2005 and all developments after November 20, 2005. ^Adjusted on July 1 annually, beginning July 1, 2018, based on the 20-City Construction Cost Index as reported in the Engineering News Record for the 12-month period ending in May of the year of adjustment. ~MFS Amendment #529, effective 2/06/2017. **** This amount if paid is creditable against the Park Facility Impact Fee. *** Fee applicable to maps accepted for filing after August 30, 2005. Effective date of collection October 27, 2005. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 114 Service Rate Per Gross Acre (except area of major streets) Grade Separation Fee 417 Service area Zone E-4-A 443.00 Cornelia Trunk Service Area Grantland Trunk Service Area Zone District classifications:(except area of major streets)(except area of major streets) S-L, R-A, AE-5, AE-20 80.00 86.00 R-1-A, R-1-AH, R-1-E, R-1-EH 200.00 215.00 R-1-B, R-1-C 326.00 356.00 R-1 445.00 482.00 C-1, C-2 490.00 702.00 C-M, M-1, M-1-P, M-2 504.00 546.00 C-3 through C-6, C-R 792.00 858.00 C-P, R-P, R-P-L 1,257.00 1,362.00 R-2, R-2-A, R-3, R-3-A, R-4, TP, MH 1,257.00 1,362.00 Minimum / per lot 70.00 70.00 All other zones, rates established by the Public Works Director based on estimated sewer flow PLANNING & DEVELOPMENT FEES UGM GRADE SEPARATION FEES (FMC 11-227) UGM GRADE SEPARATION FEES (FMC 11-227) Rates shall apply only to tentative maps deemed to be complete prior to July 31, 1990, and to all other entitlements approved prior to July 31, 1990, where the developer shows evidence to the satisfaction of the Development Department Director that a construction loan commitment was secured prior to September 30, 1990, and to final maps approved prior to September 30, 1990, for which covenants have been executed deferring fees to issuance of building permit. Per Gross Acre Per Gross Acre CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 115 Millbrook Overlay Sewer Service Area (Reso 87-376) Area north of Shepherd Avenue (except Dominion Planned 393.00 per Gross Acre (except Community)area of major streets) Remaining undeveloped land in Woodward Lakes 695.00 per Gross Acre (except area of major streets) Dominion Planned Community area 44.00 per Residential Unit in excess of approved densities for each village or 2,377 total units (Ord. 90-43) effective 05/18/90 Area south of Shepherd Avenue 240.00 per Gross Acre (except area of major streets) Fee Description & Unit/Time Current Proposed Amnd Traffic Signal Mitigation Impact Fees^529 Single Family Residential / per Single Family Dwelling Unit 501.00 Effective Multi-Family Residential / per Multi-Family Dwelling Unit 350.00 2/6/2017 Assisted Living1/ per number of Beds 145.00 Lodging2/ per number of Rooms 469.00 Health/Fitness Club3/ per 1,000 sq feet 1,736.00 Industrial4/ per 1,000 sq feet 367.00 Warehouse / per 1,000 feet 188.00 ^Adjusted on July 1 annually, beginning July 1, 2018, based on the 20-City Construction Cost Index as reported in the Engineering News Record for the 12-month period ending in May of the year of adjustment. UGM TRAFFIC SIGNAL CHARGE (FMC 11-226) PLANNING & DEVELOPMENT FEES UGM TRUNK SEWER CHARGE (FMC 9-503; RESOLUTION 83-40) CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 116 UGM TRAFFIC SIGNAL CHARGE (FMC 11-226) Fee Description & Unit/Time Current Proposed Amnd Traffic Signal Mitigation Impact Fees ( Continued)^529 Institutional Effective Elementary School5/ per number of Students 68.00 2/6/2017 Middle/Jr High School5/ per number of Students 85.00 High School5/ per number of Students 89.00 Private School (K-12)/ per number of Students 130.00 Community College/ per number of Students 65.00 University/ per number of Students 89.00 Place of Worship/ per number of Seats 33.00 Day Care Center/Preschool/ per number of Students 230.00 Library/ per 1,000 sq feet 2,960.00 Hospital/ number of Beds 681.00 Clinic/ per 1,000 sq feet 1,654.00 Medical/Dental Office/ per 1,000 sq feet 1,901.00 Office6/ per 1,000 sq feet 580.00 Commercial Discount Store7/ per 1,000 sq feet 1,923.00 General Retail8/ per 1,000 sq feet 2,246.00 Supermarket/ per 1,000 sq feet 3,443.00 Discount Club/ per 1,000 sq feet 2,200.00 Home Improvement Store9/ per 1,000 sq feet 841.00 Pharmacy10/ per 1,000 sq feet 2,601.00 Restaurant11/ per 1,000 sq feet 3,813.00 Fast-Food Restaurant/ per 1,000 sq feet 13,054.00 Convenience Market w/Gas Station/ per number of Fueling P 3,769.00 Convenience Market (no pumps)/ per 1,000 sq feet 3,769.00 Bank12/ per number of Drive-in Lanes 3,884.00 Tire Store/per number of Service Bays 1,609.00 Automobile Care Center/ per number of Service Bays 656.00 Car Wash / per number of Stalls 5,683.00 ^The Traffic Signal Mitigation Impact Fees will be adjusted annually on July 1st each year beginning July 1, 2018. The adjustment will be based on the 20-City Construction Cost Index as reported in the Engineering News Record (ENR) for the 12-month period ending in May of the year of the adjustment. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 117 UGM TRAFFIC SIGNAL CHARGE (FMC 11-226) Fee Description & Unit/Time Current Proposed Amnd Traffic Signal Mitigation Impact Fees ( Continued)^529 52.00 Effective 2/6/2017 1 Includes nursing home & assisted living uses 2 Includes hotel, all suite hotel, business hotel & motel 3 Includes racquet/tennis clud, health/fitness club & athletic club 4 Includes light, heavy & industrial park 5 Public, private, or charter schools 6 Includes general office, office park, business park, and R& D center 7 Includes super store 8 Includes specialty retail and shopping centers over 150,000 sq feet 9 Includes building materials/lumber store & hardware/paint stores 10 With or without drive-through 11 Includes high-turnover and quality 12 If no drive-in lanes, use square footage as variable ^Adjusted on July 1 annually, beginning July 1, 2018, based on the 20-City Construction Cost Index as reported in the Engineering News Record for the 12-month period ending in May of the year of adjustment. PLANNING & DEVELOPMENT FEES Uses not included above shall be based upon a trip generation analysis, to be approved by the City Traffic CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 118 I.Business License Fees Waived for a period of three years. * II.Permit Fees and Development Entitlement Fees Refund of a portion of fees paid (The rebate to equal 50 percent with certain maximum reductions). Determination of the building vacancy period will be the responsibility of the Development Department. Evidence documenting the vacancy period may include a signed statement from the property owner,utility billing or service records, or statements from individuals, other than the owner of the property,who are familiar with the building. Fees in Section 8, "Land Use and Zoning," and Section 9,"New Construction, Major Additions, and Alterations,"will be partially refunded to the property owner for projects in the commercial and the industrial areas of the Enterprise Zone. The refunded amount will be 50 percent of the fees paid pursuant to Sections 8 and 9 of this Schedule, not to exceed a maximum reduction of $500 per property.Such refund shall be available only once for each property during the term of the Enterprise Zone program and will not apply to later subdivisions of the property. ENTERPRISE ZONE AREAS - SPECIAL RATES Business license fees, as contained in Section 4, "Business License and Permit Requirements," of the Master Fee Schedule, are waived for a three-year period from the time the business locates in a commercial area of the Enterprise Zones as identified in Exhibit A*. Such waiver will be available only to firms establishing new operations in the commercial area and will not apply to existing businesses relocating from one address to another within the area.No waiver will be granted to businesses created by legal reorganization or changes in ownership of existing commercial area firms. Street address ranges from the areas shown on the maps identified as Exhibits A and B are available in the office of the Development and Resource Management Department Resources of the City of Fresno. Permit and inspection fees will be refunded to the property owner 50 percent, not to exceed a maximum refund of $300 per property, for minor additions or alterations for buildings in the commercial and industrial areas of the Enterprise Zone, as identified in Exhibits A and B,respectively.Such refunds of fees will apply to items contained in Sections 7a, 7b, 7c, and 7d, "Minor Additions and Alterations of the Master Fee Schedule for buildings which have been vacant for 12 consecutive months or more prior to submission of an application for a permit. PLANNING & DEVELOPMENT FEES CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 119 III.Application and Resolution of Issuance Fees for Tax-Exempt Industrial Development Bonds Reduction of 50 percent. I.Business License Fees Refund or Payment - Maximum availability three(3) consecutive years. (a)A copy of the invoice or billing statement. (b) A copy of the Eligible Business’ canceled check (front and back) showing the amount and date of payment. * Note: See “Business Tax and Permit Requirements” in the Finance Section of this Master Fee Schedule The Tax-Exempt Bond Application Forms Fee, the Application Submission Fee, and the Official Resolution of Issuance Fee, as contained in Section 12, "Miscellaneous" of the Master Fee Schedule, are reduced by 50 percent for projects located in the commercial area of the Enterprise Zone, as identified by Exhibit A,and the industrial area of the Enterprise Zone, as identified by Exhibit B. Any additional costs associated with the issuance of the bonds following the Official Resolution of Issuance, including administrative expenses as defined by the Fresno Municipal Code, Section 18-101, shall be paid by the applicant or deducted from bond proceeds. MUNICIPAL RESTORATION ZONE - SPECIAL RATES A copy of the MRZ Policy can be obtained at the City of Fresno Downtown &Community Revitalization Department. The MRZ Policy contains definitions for the capitalized terms in this Municipal Restoration Zone Section. Under the Fresno Municipal Code, businesses and professionals pay quarterly business license fees.An Eligible New or Expanding business located in a commercial area of the Municipal Restoration Zone (MRZ)*, between October 1 and June 1 following the June 30 end of each Incentive Period may apply for a payment equal to the business license fees it actually paid during the Incentive Period in which the business was certified under this policy.For the ensuing two Incentive Periods in which the business is re-certified, the Eligible New or Expanding business may receive a payment based on the business license fees paid during each of the two Incentive Periods in which re-certified provided the appropriate certified and approved documentation is timely submitted to the Development and Resource Management Department in form and substance acceptable to the Director of that Department. Documentation shall include, but is not limited to the following: Application for Refund or Payment -Qualified businesses may receive a refund or payment, by submitting the application to the City of Fresno Development and Resource Management Department, Attention: Director; 2600 Fresno Street, Room 2156 Fresno, California 93721-3608. Available from the City of Fresno Development and Resource Management Department are street address PLANNING & DEVELOPMENT FEES ENTERPRISE ZONE AREAS - SPECIAL RATES - Continued CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 120 II.Building Permit Fees and Development Entitlement Fees III.Sales and Use/Real Property (Ad valorem) Taxes Sales or Use Taxes MUNICIPAL RESTORATION ZONE - SPECIAL RATES - Continued One time maximum cumulative fee reduction of $50,000 for each Eligible Business Property including any additions of property to the site.The reduction may be available one-time only and apply to a single project, and a single Eligible Business Property, e.g., establishing the business facilities or expanding the business facilities at the Eligible Business Property. An Eligible New or Expanding business,which is certified during an Incentive Period, and applies for the incentive, may receive a one-time reduction of up to 50 percent of building permit fees and development entitlement fees.Such reductions of fees will apply to items contained in Planning &Development Sections, "Minor Additions and Alterations, Land Use and Zoning, and New Construction” of the Master Fee Schedule.Such reduction shall not apply to impact fees. Where such fee reductions are available under a different program or policy,such as the Enterprise Zone, or under the City’s “inner city fee reduction policy”, an Eligible Business in the MRZ may choose the fee reduction that provides the greater benefit. Where such fee reductions are available under a different program or policy,such as the Enterprise Zone, or under the City’s “inner city fee reduction policy,”an Eligible Business in the MRZ may choose the fee reduction under the program that provides the greater benefit but may not receive multiple overlapping fee reductions. Documentation or other certification process will include a provision notifying the business that such fee waiver or reduction may result in the work being conducted under the permit or other entitlement for which fees are reduced or waived being determined to be a public work for prevailing wage purposes, thereby requiring the business or other party contracting for the work to pay prevailing wages (see California Labor Code sections 1720, 1726, 1771 and 1781). The business receiving the incentive shall be solely responsible for determining the application of and paying prevailing wages and complying with any other duties arising from such determination. Application for Reduction -Qualified businesses may receive a reduction, by submitting the application to the City of Fresno Development and Resource Management Department, Attention: Director; 2600 Fresno Street, Room 2156 Fresno, California 93721-3608. Maximum $10,000 cumulative and aggregated sales and use tax, and real property tax incentives, per Incentive Period for up to five (5) consecutive Incentive Periods. PLANNING & DEVELOPMENT FEES A certified Eligible New or Expanding business, between October 1 and June 1 following the June 30 end of each Incentive Period, may apply to receive an amount which is equal to up to 50 percent of the increase in the City Sales Taxes actually allocated to and received by the City in each Incentive Period that the business is certified, for up to five consecutive Incentive Periods after establishing or expanding its business within the MRZ. The payment amount, when aggregated with any amount to be paid based on ad valorem taxes, shall not exceed $10,000 for any Incentive Period, and shall be conditioned on the certified Eligible Business completing a Sales Tax/Property Tax Payment Form and providing documentation, satisfactory to the Director of the Development and Resource Management Department to substantiate the following: CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 121 (a) (b) (c) (d) Real Property Tax/Ad Valorem Taxes (a) (b)That the increase is attributable to improvements which the Eligible Business made to the Eligible Business Property, and MUNICIPAL RESTORATION ZONE - SPECIAL RATES - Continued PLANNING & DEVELOPMENT FEES The Eligible Business establishes the amount of increased sales or use taxes it paid to the State during the Incentive Period,the increased sales and use taxes are directly attributable to sales from its new business on and from the Eligible Business Property,and the State shall have allocated and the City shall have received the City Sales Tax during the Incentive Period, and The business paid the sales or use to the State Board of Equalization,properly reporting Fresno,and the Eligible Business Property as the site of the sale or use, and The State pays and the City receives the sales or use taxes attributable to the Eligible Business for the Incentive Period, and The Eligible Business timely applies for the incentive and provides a sales tax certificate setting forth its collection of sales and use taxes attributable to its business on Eligible Business Property,and provides a copy of the canceled check showing payment,and provides such other supporting documentation as the Director of the Development and Resource Management Department may require. A certified Eligible New or Expanding business,which owns its Eligible Business Property,between October 1 and June 1 following the June 30 end of each Incentive Period,may apply to receive an amount which is equal to up to 50 percent of any increase in ad valorem taxes resulting from establishing or expanding its business on Eligible Business Property that is actually passed through to the City and City receives.The Eligible Business must first pay the taxes.The 50 percent applies only to that part of the increase which the County allocates and pays to the City in any Incentive Period for which the business is certified.The Eligible Business may request certification and apply to receive payment for up to five consecutive Incentive Periods after establishing or expanding its business within the MRZ,provided the amount when aggregated with any amounts payable to or paid to the Eligible Business based on sales or use taxes,does not exceed $10,000 in any single year,and provided the certified Eligible Business documents the following and the following conditions to payment are met: The ad valorem taxes exceed the Eligible Business’ad valorem taxes assessed on the Eligible Business Property in the prior tax year, and CITY OF FRESNO MASTER FEE SCHEDULE All fees effective 07/01/2019 unless otherwise noted MFS Amendment #546 (December 2018) 1/30/202010:46 AM Page 122 III.Sales and Use/Real Property (Ad valorem) Taxes - continued (c) (d) (e) IV.Credits for Hiring Qualified Employees Property tax increment allocated to and paid to the Redevelopment Agency are not real property taxes paid to the City, and are not subject to the MRZ policy. "Incentive Period," means the fiscal year (July 1 through June 30) Any Eligible New or Expanding business,between October 1 and June 1 following the June 30 end of each Incentive Period,may apply to receive in the Incentive Period then ending,up to $3,000 credit per qualified employee,and up to a maximum of $15,000 credit in such Incentive Period.The Eligible Business may either (1)in any of its first five consecutive years use the credits to increase the payment under this policy that is equivalent to a percentage of the sales taxes that the Eligible Business paid during the Incentive Period,or (2)in its fourth and fifth year may use the credits to receive a payment that is the lesser of the amount of business license fees paid in the relevant Incentive Periods,or the credits.The credit will be calculated as 20 percent of the wages paid to the qualified employee up to a maximum of $15,000 wages in any single Incentive Period,for up to a maximum of $15,000 in credits during a single Incentive Period,and for a maximum of up to five consecutive Incentive Periods, subject to annual certification. The Eligible Business will complete a hiring voucher,as the form may be revised from time to time,and provide proof,satisfactory to the Director,of employees’s residence within the MRZ at time of hire by submitting a voucher application,along with proper current documentation (I-9,W-4,current driver’s license, or utility bill),and proof of wages paid though payroll or other records satisfactory to the Director of the Development and Resource Management Department.To receive hiring credits in each of the two subsequent consecutive Incentive Periods,the Eligible Business will provide evidence satisfactory to the Director of each Qualified Employee’s continued employment, and the wages paid. Application for Credit -Given as a retroactive credit by the City of Fresno Development and Resource Management Department,Attention:Director;2600 Fresno Street,Room 2156 Fresno,California 93721- 3608. MUNICIPAL RESTORATION ZONE - SPECIAL RATES The Eligible Business paid the ad valorem taxes to the County Tax Assessor (front and back of canceled check) , and The County has allocated to and the City has received a portion of the increased ad valorem taxes from the assessment attributable to the Eligible Business Property and any improvements thereon, and The Eligible Business timely applies for the incentive and provides such supporting documentation as the Director of the Downtown & Community Revitalization Department may require. Application for Incentive -Qualified businesses may receive an incentive,by submitting the application to the City of Fresno Development and Resource Management Department,Attention:Director;2600 Fresno Street, Room 2156 Fresno, California 93721-3608. Maximum $3,000 credit per Incentive Period for each qualified full-time employee (based on 20 percent of wages paid in a single Incentive Period);maximum $15,000 credits per Eligible Business in a single Incentive Period; for up to five (5) consecutive Incentive Periods. PLANNING & DEVELOPMENT FEES nbsgov.com Prepared by: Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Aerial view of The City of Fresno Final Report User Fee Analysis For the Code Enforcement Division January 2, 2020 TABLE OF CONTENTS Executive Summary ........................................................................................................1 1.1 Findings .....................................................................................................................1 1.2 Report Format ...........................................................................................................1 Introduction and Fundamentals ......................................................................................3 2.1 Scope of Study ...........................................................................................................3 2.2 Methods of Analysis ..................................................................................................3 Code Enforcement Division .............................................................................................8 3.1 Cost of Service Analysis .............................................................................................8 3.2 Fee Establishment .....................................................................................................8 3.3 Cost Recovery Evaluation ..........................................................................................9 Conclusion ....................................................................................................................10 Appendices Cost of Service Analysis (Fee Tables)Appendix A Comparative Fee Survey Appendix B CITY OF FRESNO Code Enforcement User Fee Analysis 1 EXECUTIVE SUMMARY NBS performed a User Fee Analysis (Study) for the City of Fresno (City). The purpose of this report is to describe the Study’s findings and recommendations, which intend to defensibly update and establish user and regulatory fees for service for the City of Fresno, California. California cities impose user fees and regulatory fees for services and activities they provide through provisions of the State Constitution. First, cities may perform broad activities related to their local policing power and other service authority as defined in Article XI, Sections 7 and 9. Second, cities may establish fees for service through the framework defined in Article XIIIC , Section 1. Under this latter framework, a fee may not exceed the estimated reasonable cost of providing the service or performing the activity. For a fee to qualify as such, it must relate to a service or activity under the control of the individual/en tity on which the fee is imposed. For example, the individual/entity requests service of the municipality or his or her actions specifically cause the municipality to perform additional activities. In this manner, the service or the underlying action causing the municipality to perform service is either discretionary and/or is subject to regulation. As a discretionary service or regulatory activity, the user fees and regulatory fees considered in this Study fall outside requirements for imposition of taxe s, special taxes, or fees imposed as incidences of property ownership. The City’s chief purposes in conducting this Study were to ensure that existing fees do not exceed the costs of service and to provide an opportunity for the City Council to re -align fee amounts with the adopted cost recovery policies. 1.1 Findings This Study examined regulatory fees m anaged by the Code Enforcement Division.Table 1 shows a summary of the Study’s results. TABLE 1. REPORT SUMMARY As shown,the Study identified approximately $113,000 in annual revenue collected at current fee amounts,versus $165,000 of estimated costs eligible f or recov ery f rom f ees for serv ice.The City is currently recovering approximately 68% of the total costs associated with providing fee related services. Should the Council adopt fee levels at 100% of the calculated full cost recovery fee amounts determined by this Study,approximately $52,000 in additional costs could be recovered. 1.2 Report Format This report documents analytical methods and data sources used throughout the Study, presents findings regarding current levels of cost recovery achieved from user and regulatory fees, discusses recommended fee amounts, and provides a comparative survey of fees to neighboring agencies for similar services. Section 2 of the report outlines the foundation of the Study and general approach Division Estimated Annual Current Fee Revenue Estimated Annual Full Cost Recovery Fee Revenue Annual Cost Recovery Surplus / (Deficit) Current Cost Recovery % Code Enforcement $ 112,697 $ 164,542 $ (51,845)68% CITY OF FRESNO Code Enforcement User Fee Analysis 2 Section 3 discusses the results of the cost of service analysis performed, segmented by category of fee.The analysis applied to each category/department falls into studies of: the fully burdened hourly rate(s)and the calculation of the costs of providing service Section 4 provides the grand scope conclusions of the analysis provided in the preceding sections Appendices to this report include additional analytical details and a comparison of fees charged by neighboring agencies for similar services CITY OF FRESNO Code Enforcement User Fee Analysis 3 INTRODUCTION AND FUN DAMENTALS 2.1 Scope of Study The following is a summarized list of fees studied for the Code Enforcement Division: Complaint Response and Issue Identification Notice and Order / Violation Code Violation Appeals Abatement Enforcement Administrative Fee Rental Housing Sign Retrieval The fees examined in this Study specifically excluded development impact fees, utility rates, and any special tax assessments, all of which fall under distinct analytical and procedural requirements different from the body of user/regulatory fees analyzed in this effort. Additionally, this Study excl uded facility and equipment rental rates, as well as most of fines and penalties imposed by the City for violations to its requirements or codes. (The City is not limited to the costs of service when charging for entrance to or use of government property,or when imposing fines and penalties.) 2.2 Methods of Analysis There are three phases of analysis completed for each City department or program studied: 1.Cost of service analysis 2.Fee establishment 3.Cost recovery evaluation 2.2.1 COST OF SERVICE ANALYSIS This cost of service analysis is a quantitative effort that compiles the full cost of providing governmental services and activities. There are two primary types of costs considered: direct and indirect costs. Direct costs are those that specifically relate to an activity or service , including the real-time provision of the service. Indirect costs are those that support provision of services in general ,but cannot be directly or easily assigned to a singular activity or service . Components of the full cost of service include direct labor costs, indirect labor costs, specific direct non - labor costs where applicable, allocated non -labor costs, and allocated Citywide overhead. Definitions of these cost components are as follows: Labor costs –Salary, wages and benefits expenses for City personnel specifically involved in the provision of services and activities to the public. Indirect labor costs –Personnel expenses supporting the provision of services and activities. This can include line supervision and departmental management, administrative support CITY OF FRESNO Code Enforcement User Fee Analysis 4 within a department, and staff involved in technical activities related to the direct services provided to the public. Specific direct non-labor costs –Discrete expenses incurred by the City due to a specific service or activity performed, such as contractor costs, third -party charges, and very specific materials used in the service or activity. (In most fee types, this component is not used, as it is very difficult to directly assign most non -labor costs at the activity level.) Allocated indirect non-labor costs –Expenses other than labor for the departments involved in the provision of services. In most cases, these costs are allocated across all services provided by a department, rather than directl y assigned to fee categories. Allocated indirect organization -wide overhead –These are expenses, both labor and non- labor, related to agency-wide support services. Support services include general administrative services such as Administration, Finance,etc. The amount of costs included in this Study were sourced from a separate analysis provided by the City’s Finance Department. All cost components in this Study use annual (or annualized) figures, representing a twelve -month cycle of expenses incurred by the City in the provision of all services and activities agency-wide. Nearly all of the fees under review in this Study require specific actions on the part of City staff to provide the service or conduct the activity. Because labor is the primary und erlying factor in these activities, the Study expresses the full cost of service as a fully burdened cost per labor hour. NBS calculates a composite, fully burdened, hourly rate for each department, division, program, or activity, as applicable to the specific organization and needs of each area studied. The rate serves as the basis for further quantifying the average full cost of providing indi vidual services and activities.Deriving the fully burdened labor rate for each department, and various functional divisions within a department, requires two figures: the full costs of service and the number of hours available to perform those services. The full costs of service are quantified through the earlier steps described in this analysis. NBS derives the ho urs available from a complete listing of all City employees and/or hours of service available from contracted professionals. The City has supplied NBS with the total number of paid labor hours for each function/service within the Code Enforcement Division. These available hours represent the amount of productive time available for providing both fee-recoverable and non-fee recoverable services and activities. The productive labor hours divided into the annual full costs of service equals the composite full y burdened labor rate. Some agencies also use the resulting rates for other purposes than setting fees, such as when the need arises to calculate the full cost of general services or structure a cost recovery agreement with another agency or third party. Fully burdened labor rates applied at the individual fee level estimate an average full cost of providing each service or activity. This step required the development of staff time estimates for the services and activities listed in the City’s fee schedu le. For all fee programs studied, time tracking records (if available) were useful in identifying time spent providing general categories of service (e.g. division administration, public information assistance, etc.). However, the City does not systematica lly track activity service time for all departments or all individual fee-level services provided. Consequently, interviews and questionnaires were used to develop the necessary data sets describing estimated labor time. In many cases, the City estimated t he average amount of time (in minutes and hours) it would take to complete a typical occurrence of each service or activity considered. CITY OF FRESNO Code Enforcement User Fee Analysis 5 It should be noted that the development of these time estimates was not a one -step process: estimates received were carefully reviewed by both NBS and departmental management to assess the reasonableness of such estimates. Based on this review, the City reconsidered its time estimates until both parties were comfortable that the fee models reasonably reflected the averag e service level provided by the City. Then, time estimates were applied to the appropriate fully burdened labor rate to yield an average total cost of the service or activity. 2.2.2 FEE ESTABLISHMENT Establishing fees includes a range of considerations .The Study’s process provided the Division the opportunity to propose additions and deletions to their fee schedules, as well as rename, reorganize, and clarify fee names and categories.In most cases, the current structure of fees did not change; the focus is to recalibrate the fee amount to match the costs of services. In several cases, however, fee categories and fee names were simplified or re -structured to increase the likelihood of full cost recovery, or to enhance the fairness of how the fee applies to vario us types of fee payers. Many such revisions better conform fees to current practices, as well as improve the calculation of fees owed by an individual, the application of fees, and the collection of revenues. Beyond this, some additions to the fee schedule were simply identification of existing services or activities performed by City staff for which no fee is currently charged. The City’s fee schedule should include the list of fully burdened rates developed by the Study. Documenting these rates in the fee schedule provides an opportunity for the City Council to approve rates for cost recovery under a “time and materials” approach. It also provides clear publication of those rates, so fee payers of any uniquely determined fee can reference the amounts. The fee schedule should provide language that supports special forms of cost recovery for activities and services not contemplated by the adopted master fee schedule. The se rare instances use the published rates to estimate a flat fee, or bill on an hourly basis, at the discretion of the director of each department. 2.2.3 COST RECOVERY EVALUATION The NBS fee model compares the existing fee for each service or activity to the ave rage total cost of service quantified through this analysis. A cost recovery rate of 0% identifies no current recovery of costs from fee revenues (or insufficient information available for evaluation). A rate of 100% means that the fee currently recovers the full cost of service. A rate between 0% and 100% indicates partial recovery of the full cost of service through fees. A rate greater than 100% means that the fee excee ded the full cost of service. User fees and regulatory fees examined in this St udy should not exceed the full cost of service. In other words, the cost recovery rate achieved by a fee should not be greater than 100%. In most cases,charging a fee above this threshold could requ ire the consensus of the voters. NBS also often assists with modeling the “recommended” or “targeted” level of cost recovery for each fee, always established at 100%, or less, than the calculated full cost of service. Targets and recommendations always reflect agency -specific judgments linked to a variety of factors, such as existing policies, agency-wide or departmental revenue objectives, economic goals, community values, market conditions, level of demand, and others. CITY OF FRESNO Code Enforcement User Fee Analysis 6 A general means of selecting an appropriate cost recovery target is to consider the public and private benefits of the service or activity in question. To what degree does the public at la rge benefit from the service? To what degree does the individual or entity requesting, requiring, or causing the service benefit? When a service or activity completely benefits the public at large, there is generally little to no recommended fee amount (i.e., 0% cost recovery), reflecting that a truly public -benefit service is best funded by the general resources of the City, such as General Fund revenues (e.g., taxes). Conversely, when a service or activity completely benefits an individual or entity, there is generally closer to or equal to 100% of cost recovery from fees, collected from the individual or entity. An example of a completely private benefit service may be a request for exemption fro m a City regulation or process. In some cases, a strict public-versus-private benefit judgment may not be sufficient to finalize a cost recovery target. Any of the following other factors and considerations may influence or supplement the public/private benefit perception of a service or activity: If optimizing revenue potential is an overriding goal, is it feasible t o recover the full cost of service? Will increasing fees result in non-compliance or public safety problems? Are there desired behaviors or modifications to behaviors of the service population helped or hindered through the degree of pricing for the activities? Does current demand for services support a fee increase without adverse impact to the citizenry served or current revenue levels? (In other words, would fee increases have the unintended consequence of drivi ng away the population served?) Is there a good policy basis for differentiating between type of users (e.g., residents and non - residents, residential and commercial, non -profit entities and business entities)? Are there broader City objectives that inform a less than full cost recovery targe t from fees, such as economic development goals and local social values? Because this element of the Study is s ubjective, NBS provides each fee calculation at 100% full cost recovery as well as the framework for the City to adjust recommended fee amounts in accordance with the City’s goals as pertains to code compliance, cost recovery, economic development, and social values . 2.2.4 COMPARATIVE FEE SURVEY Appendix B presents the results of the Comparative Fee Survey for the City of Fresno. Often policy makers request a comparison of their jurisdiction’s fees to surrounding or similar communities. The purpose of a comparison is to provide a sense of the local market pricing for services, and to use that information to gauge the impact of recommendations for fee adjustments. CITY OF FRESNO Code Enforcement User Fee Analysis 7 NBS worked with the City to choose six comparative agencies:Bakersfield, Modesto,Sacramento, Stockton,and Long Beach. The following should be noted about the general approach to, and use of, comparative survey data: Comparative surveys do not provide information about the cost recovery policies or procedures inherent in each comparison agency. A “market based” decision to price services below the full cost of service calculation, is the same as making a decision to subsidize that service. Comparative agencies may or may not base their fee amounts on the estimated and reasonable cost of providing services. NBS did not perform the same level of analysis provided for this Study on the comparative agencies’ fees . Comparative fee survey efforts are often non -conclusive for many fee categories. Comparison agencies typically use varied terminology for provision of similar services. In general, NBS reasonably attempts to source each comparison agency’s fee schedul e from the Internet, and compile a comparison of fee categories and amounts for the most readily comparable fee items that match the client’s existing fee structure. 2.2.5 DATA SOURCES The following data sources were used to support the cost of service analysis and fee establishment phases of this Study: The City of Fresno’s Adopted Budget for Fiscal Year 2018-2019 A complete listing of all City personnel, salary/wage rates, regular hours, paid benefits, and paid leave amounts –provided by the Finance Departm ent. Various correspondences with the City staff supporting the adopted budgets and current fees, including budget notes and expenditure detail not shown in the published document. Prevailing fee schedules for the Division Annual workload data from the prior fiscal year The City’s adopted budget is the most significant source of information affecting cost of service results. NBS did not audit or validate the City’s financial management and budget practices, nor was cost information adjusted to reflect different levels of service or any specific, targeted performance benchmarks. This Study has accepted the City’s budget as a legislatively adopted directive describing the most appropriate and reasonable level of City spending . Original data sets also support the work of this Study: primarily, estimated or tracked time at various levels of detail. To develop these data sets, consultants prepared questionnaires and conducted interviews with each division. In the fee establishment phase of the analysis, each division supplied estimates of average time spent providing a service or activity corresponding with an existing or new fee. NBS and departmental management reviewed responses to ensure the best possible set of estimates. CITY OF FRESNO Code Enforcement User Fee Analysis 8 CODE ENFORCEMENT DIVISION The Code Enforcement Division enforces the City’s Minimum Housing Code, which covers safety and livability requirements in housing by processing a variety of cases ranging from public nuisance to zoning. Code Enforcement has special ty teams as well as area teams that respond to complaints and possess specialized training to enforce violations. 3.1 Cost of Service Analysis NBS developed a composite fully-burdened hourly rate for the Code Enforcement Division, summarized in the table below: TABLE 2.FULLY BURDENED HOURLY RATE CALCULATION The total annual cost of the Code Enforcement Division per year is approximately $9 million.All subsequent cost of service calculations at the individual fee level assume a fully burdened hourly rate of $146 for Code Enforcement support. 3.2 Fee Establishment The following is a summary of overall changes made to the City’s fee schedule for the Code Enforcement Division: Deletion of fees that are no longer used or not needed, such as: o Hotel/Motel Inspection Fee o Family Day Care Annual Inspection o Registration of Vacant Foreclosed Properties o Failure to acquire a Specific Building Permit as required by the dated Notice & Orde r o Mobile home Rent Review o Shopping Cart Containment Plan Review Fee o Sign Storage Fee o Solid Waste Recyclers Certification Process o Vacant Building Plan –Review Fee Cost Element Code Enforcement - Direct Services Labor 2,803,084$ Recurring Non-Labor 803,923 Citywide Overhead 388,633 Division Admin 5,131,357 Division Total 9,126,996$ Fully Burdened Hourly Rate $ 146 62,488Reference: Direct Hours Only CITY OF FRESNO Code Enforcement User Fee Analysis 9 In order to create a more user-friendly fee structure, the list of fees was reorganized into three sections: General Complaints and Abatements,Housing Related, and Miscellaneous. Addition of new fee categories, notated as “New” in Appendix A.1: o Rental Housing Courtesy Re-Inspection Compliance Re-Inspection o Lien Release Fee –Policy of Insurance of Record (PIRT ) City Processing Fee Vendor Cost Section 2.2,Methods of Analysis, provides additional discussion on the Study’s approach to adding, deleting, and revising fee categories. 3.3 Cost Recovery Evaluation Appendix A presents the results of the detailed cost recovery analysis for the City’s Code Enforcement Division fees. In the Appendix, the “Cost of Service per Activity” column establishes the maximum adoptable fee amount for the corresponding service identified in the “Fee Name” list.The Cost of Service per Activity for each fee item is compared to the City’s current fee for each service, and the “Existing Cost Recovery %” shows whether each fee is under, over, or appro ximately equal to the cost of providing the service. The Code Enforcement Division’s fees currently recover approximately 68% of the total annual cost of providing services. As shown in the following table, the City collects approximately $113,000 per year in revenues at current fee amounts. TABLE 3. COST RECOVERY OUTCOMES At full cost recovery, the same demand for these services would recover approximately $165,000. Should the City Council adopt all fees at 100% of the Cost of Service per Activity amount s shown,approximately $52,000 in costs could be recovered. NBS provided the full cost of service information and the framework for considering fees, while those closest to the fee-paying population,City Attorney and Code Enforcement Division staff,will make initial recommendations to set appropriate cost recovery levels at or below that full cost.The City’s Staff Report includes recommendations for fee amounts to be considered by City Council for adopt ion. For more discussion on NBS’ overall approach to the Cost Recovery Evaluation, consult Section 2.2.3 of the Report. Division Estimated Annual Current Fee Revenue Estimated Annual Full Cost Recovery Fee Revenue Annual Cost Recovery Surplus / (Deficit) Current Cost Recovery % Code Enforcement $ 112,697 $ 164,542 $ (51,845)68% CITY OF FRESNO Code Enforcement User Fee Analysis 10 CONCLUSION Based on the Cost of Service Analysis, Fee Establishment, and Cost Recovery Evaluation outcomes presented in this Study, the proposed Master Schedule of Fees has been formatted for implementation and included in the Division’s accompanying Staff Report. As discussed throughout this report, the proposed fee schedule intends to improve the City’s recovery of costs incurred to provide individual services , as well as to adjust fees downward where fees charged exceed the average costs incurred.Predicting the amount to which any adopted fee increases will affect City revenues is difficult to quantify.For the near-term, the City should not count on increased revenues to meet any specific expenditure plan.Experience with the revised fee amounts should be gained first before revenue projections are revised.However, unless there is some significant, long-term change in activity levels at the City, proposed fee amendments should enhance the City’s cost recovery performance, over time, providing it the ability to stretch other resources further for the benefit of the public at large. The City’s Master Fee Schedule should become a living document but handled with care: A fundamental purpose of the fee schedule is to provide clarity and transparency to the public a nd to staff regarding fees imposed by the City. Once adopted by the Council, the fee schedule is the final word on the amount and manner in which fees should be charged. Old fee schedules should be superseded by the new master document. If the master do cument is found to be missing fees, those fees need eventually to be added to the master schedule and should not continue to exist outside the consolidated, master framework. The City should consider adjusting these user fees and regulatory fees on an ann ual basis to keep pace at least with cost inflation. For all fees and charges, the City could use either a Consumer Price Index adjustment or a percentage of Labor Cost increase, and that practice would be well applied to the new fee schedule. Conducting a comprehensive user fee Study is not an annual requirement; it becomes worthwhile only over time as significant shifts in organization, local practices, legislative values, or legal requirements change. As a final note in this Study, it is worth acknowledging the path that fees in general have taken in California. The public demands ever more precise and equitable accounting of the basis for governmental fees and a greater say in when and how they are charged.It is inevitable in the not too distant future,that user fees and regulatory fees will demand an even greater level of analysis and supporting data to meet the public’s evolving expectations. Technology systems will play an increased and significant role in an agency’s ability to accomplish this. Continuous improvement and refinement of time tracking abilities will greatly enhance the City’s ability to set fees for service and identify unfunded activities in years to come. Disclaimer: In preparing this report and the opinions and recommendations included herein, NBS has relied on a number of principal assumptions and considerations with regard to financial matters, conditions and events that may occur in the future. This information an d assumptions, including the City’s budgets, time estimate data, and workload information from City staff, were provided by sources we believe to be reliable; however, NBS has not independently verified such information and assumptions.While we believe NBS’ use of such information and assumptions is reasonable for the purpose of this report, some assumptions will invariably not materialize as stated herein and may vary significantly due to unanticipated events and circumstances. Therefore, the actual results can be expected to vary from those projected to the extent that actual future conditions differ from those assumed by us or provided to us by others. Prepared by NBS for the City of Fresno APPENDIX A Cost of Service Analysis –Code Enforcement Division City of Fresno Code Enforcement - User Fee Study Fiscal Year 2019 Cost of Service Estimate for Fee Related Services and Activities APPENDIX A I Code Enforcement Fees - General Complaints and Abatements 1 Complaint Response and Issue Identification hourly 1.00 146$146$ $ 100 68%--$-$ **No Charge if complaint is verified and resolved by property owner / party within 30 days 2 Notice and Order Hour, 1 hour minimum 1.00 146$146$ $447 1-2 Units, plus $100 each unit over 2 units %11 4,197$6,130$ 3 Notice of Violation Hour, 1 hour minimum 1.00 146$146$ $ 100 68%--$-$ 4 Code Violation Appeal - Minimum Processing Fee flat [2] Single Family Residential up to two units $ 35 Multi-Residential with three or more units $ 55 Commercial Apartment Complexes and Commercial Business $ 75 4 Code Violation Appeal - Successful Appeal no charge 5 Code Violation Appeal - Unsuccessful Appeal Hour, 1 hour minimum 1.00 146$146$ $ 100 68%--$-$ Current Fee / Deposit Existing Cost Recovery % Estimated Volume of Activity Annual Estimated Revenues at Current Fee Annual Estimated Revenues at Full Cost Recovery Fee Annual Estimated Revenue AnalysisActivity Service Cost Analysis Cost Recovery Analysis Fee No.Fee Name Fee Type (Flat / Deposit / Hourly)NotesEstimated Average Labor Time Per Activity (hours) FBHR Cost of Service Per Activity NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Code Enforcement COS,Page 1 of 4 City of Fresno Code Enforcement - User Fee Study Fiscal Year 2019 Cost of Service Estimate for Fee Related Services and Activities APPENDIX A Current Fee / Deposit Existing Cost Recovery % Estimated Volume of Activity Annual Estimated Revenues at Current Fee Annual Estimated Revenues at Full Cost Recovery Fee Annual Estimated Revenue AnalysisActivity Service Cost Analysis Cost Recovery Analysis Fee No.Fee Name Fee Type (Flat / Deposit / Hourly)NotesEstimated Average Labor Time Per Activity (hours) FBHR Cost of Service Per Activity 6 Abatement Enforcement Fees and Penalties Administrative Fee hourly 1.00 146$146$ Admin $100; Summary $250 %572 57,200$83,547$ Actual Cost of Enforcement / Abatement Actual Cost Actual Cost Penalty per abatement (penalty to be determined by department director within specified range)Penalty $500 with a maximum of $1,500 7 Code Citation Penalties - General Penalty [1] 1st citation for non-compliance of code violations up to or maximum $ 250 2nd citation for non-compliance of code violations up to or maximum $ 500 3rd citation for non-compliance of code violations up to or maximum $ 1,000 8 Code Citation Penalties - Health and Safety Penalty [1] 1st citation for non-compliance of code violations up to or maximum $ 800 2nd citation for non-compliance of code violations up to or maximum $ 1,200 3rd citation for non-compliance of code violations up to or maximum $ 1,600 NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Code Enforcement COS,Page 2 of 4 City of Fresno Code Enforcement - User Fee Study Fiscal Year 2019 Cost of Service Estimate for Fee Related Services and Activities APPENDIX A Current Fee / Deposit Existing Cost Recovery % Estimated Volume of Activity Annual Estimated Revenues at Current Fee Annual Estimated Revenues at Full Cost Recovery Fee Annual Estimated Revenue AnalysisActivity Service Cost Analysis Cost Recovery Analysis Fee No.Fee Name Fee Type (Flat / Deposit / Hourly)NotesEstimated Average Labor Time Per Activity (hours) FBHR Cost of Service Per Activity II Code Enforcement Fees - Housing Related 1 Rental Housing flat Registration Fee no fee Health and Safety Inspection, per unit 0.93 146$135$ $ 100 74%6 600$812$ new Courtesy Re-Inspection 1.00 146$146$ $ 50 34%--$-$ new Compliance Re-inspection 1.00 146$146$ $ 100 68%--$-$ 2 Administrative Citation Penalty 1st Violation [1,3] $ 1,000 2nd Violation within a rolling 12 month period [1,3] $ 10,000 3rd Violation within a rolling 12 month period [1,3] $ 50,000 III Code Enforcement Fees - Miscellaneous 1 Sign Retrieval per sign 0.25 146$37$ $5 - $50 %--$-$ 2 Tire Disposal Service flat [2] (Tires with wheels will be charged triple the amount) Automobile/light pickup truck tires $ 1 Large truck tires $ 5 Tractor tires $ 8 3 Inspection or Enforcement Services Otherwise not Listed for Public Nuisance, Zoning Code, or Housing Code Hour, 1 hour minimum 1.00 146$146$ $ 100 68%459 45,900$67,042$ NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Code Enforcement COS,Page 3 of 4 City of Fresno Code Enforcement - User Fee Study Fiscal Year 2019 Cost of Service Estimate for Fee Related Services and Activities APPENDIX A Current Fee / Deposit Existing Cost Recovery % Estimated Volume of Activity Annual Estimated Revenues at Current Fee Annual Estimated Revenues at Full Cost Recovery Fee Annual Estimated Revenue AnalysisActivity Service Cost Analysis Cost Recovery Analysis Fee No.Fee Name Fee Type (Flat / Deposit / Hourly)NotesEstimated Average Labor Time Per Activity (hours) FBHR Cost of Service Per Activity 4 Collection Agency Recovery Fee flat [2]27% 5 Late Payment Charge flat [2]1.5% or $1 minimum 6 Lien Release Fee flat Per lien release - County Filing Fee [4] $ 60.00 new Policy of Insurance of Record (PIRT) City Processing Fee 1.00 146$146$ $ 100 68%48 4,800$7,011$ Vendor Cost actual cost TOTAL 112,697 164,542 [Notes] [1]Code Citation Penalties may be issued by enforcing officers as set forth in, but not limited to, Fresno Municipal Code Sections I-302 and I-308 [2]Set per City policy / NBS did not evaluate. [3]Plus any abatement, actual, administrative and enforcement costs and administrative expenses incurred. [4]Fee Set by the County NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Code Enforcement COS,Page 4 of 4 Prepared by NBS for the City of Fresno APPENDIX B Comparative Fee Survey –Code Enforcement Division City of Fresno Appendix B Code Enforcement - User Fee Study Fiscal Year 2019 Comparison of Charges for Fee Related Activities and Services - Code Enforcement Division Code Enforcement Fees 1 Code Violation Appeal Fee flat Single Family Residential up to two units $ 35 Multi-Residential with three or more units $ 55 Commercial Apartment Complexes and Commercial Business $ 75 2 Code Citation Penalties - General flat 1st citation for non-compliance of code violations up to or maximum $ 250 $ 273 $ 100 $ 300 $ 200 $ 100 2nd citation for non-compliance of code violations up to or maximum $ 500 $ 469 $ 250 $ 500 $ 500 $ 200 3rd citation for non-compliance of code violations up to or maximum $ 1,000 $ 760 $ 500 $ 1,000 $ 500 $ 500 3 Code Citation Penalties - Health and Safety flat 1st citation for non-compliance of code violations up to or maximum $ 800 $ 100 2nd citation for non-compliance of code violations up to or maximum $ 1,200 $ 250 3rd citation for non-compliance of code violations up to or maximum $ 1,600 $ 500 4 Collection Agency Recovery Fee flat 27% no comparison available No comparison available - Finance Department Fee $ 19 < $999: $35% > $999: $45%25% 5 Late Payment Charge flat 1.5% or $1 minimum $ 32 No comparison available - Finance Department Fee $ 86 $ 25 1st: 100% up to $50 max 2nd: 25% delinquent balance 6 Lien Release Fee Per lien release - County Filing Fee flat $ 60 no comparison available No comparison available - Finance Department Fee no comparison available $ 53 $ 165 7 Policy of Insurance of Record (PIRT) City Processing Fee $ 100 Consultant Cost actual cost no comparison available Fee Type / Unit City of Fresno Comparative Agencies City of Sacramento City of Stockton City of Long BeachFee No.Fee Description Current Fee City of ModestoCity of Bakersfield no comparison available no comparison available no comparison available $ 547 Deposit of total amount of outstanding fine(s), late charges, and/or levies no comparison available no comparison available $250-400 depending on type no comparison available no comparison available Actual cost of hearing including page cost of packets, postage, and hours worked by administrative staff, Code Enforcement Officers, and the City Attorney. no comparison available no comparison available NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Page 1 of 3 City of Fresno Appendix B Code Enforcement - User Fee Study Fiscal Year 2019 Comparison of Charges for Fee Related Activities and Services - Code Enforcement Division Fee Type / Unit City of Fresno Comparative Agencies City of Sacramento City of Stockton City of Long BeachFee No.Fee Description Current Fee City of ModestoCity of Bakersfield 8 Hotel/Motel Inspection Fee Hour, 1 hour minimum $ 100 $ 253 no comparison available $276-$718 depending on size $190-$1,040 depending on size $445-$1,115 depending on size 9 Family day care annual inspection Hour, 1 hour minimum $ 100 $ 253 no comparison available $276-$344 depending on size no comparison available $ 375 10 Housing Code Enforcement Inspection, includes:Hour, 1 hour minimum $ 100 Inspection/lender requested Housing code enforcement Family day care licensing inspection Code compliance inspection 11 Notice and Order flat 1-2 units $ 447 Actual cost of administrative staff and code enforcement officers' time. Each unit over two units $ 100 If compliance isn’t received by the date specified, (usually 20 days) on the 21st day penalties will begin as specified in the Notice & Order $100 per day, $250 per day, $500 per day up to $1,000 per day. 12 Public Nuisance Enforcement Hour, 1 hour minimum $ 100 no comparison available no comparison available $ 275 no comparison available $ 175 13 Registration of Vacant Foreclosed Properties (MC 10- 620)flat Administrative Citation 1st Violation $ 1,000 2nd Violation within a rolling 12 month period $ 10,000 3rd Violation within a rolling 12 month period $ 50,000 Jan – March $214, April – June $160.50, July – September $107.00 October – December $214 Payments made Oct 1 – Dec 31 will cover current and next calendar year. no comparison available Posting of notice (per notice): $119 $198 (charged only if a violation is found) no comparison available Appeal Processing: $400 Abate Public Nuisance: $575 Repair, Rehabilitate or Demolish: $115-$1,075 Response Fee: $400 Monitoring Fee: $305 $ 275 $175 per registration $35-$105 depending on number of units no comparison available no comparison available $ 253 Abatement Hearing Processing Fee: $273 Assessment Hearing Process Fee: $469 Abatement Warrant Processing: $760 NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Page 2 of 3 City of Fresno Appendix B Code Enforcement - User Fee Study Fiscal Year 2019 Comparison of Charges for Fee Related Activities and Services - Code Enforcement Division Fee Type / Unit City of Fresno Comparative Agencies City of Sacramento City of Stockton City of Long BeachFee No.Fee Description Current Fee City of ModestoCity of Bakersfield 14 Rental Housing flat Registration Fee $ - Health and Safety Inspection, per unit $ 100 Courtesy Re-Inspection $ 50 Compliance Re-inspection $ 100 16 Sign Retrieval per sign $5 - $50 no comparison available no comparison available no comparison available no comparison available no comparison available 17 Tire Disposal Service flat (Tires with wheels will be charged triple the amount) Automobile/light pickup truck tires $ 1 Large truck tires $ 5 Tractor tires $ 8 18 Weed Abatement Enforcement Penalty Administrative Fee hourly Admin$100; Summary $250 $ 432 Actual Cost of Enforcement / Abatement Actual Cost Actual Cost $ 759 Penalty per abatement (penalty to be determined by department director within specified range)Penalty $500 with a maximum of $1,500 Actual Cost $ 1,500 $ 580 19 Zoning Code Enforcement hourly - 1 hour minimum $ 100 no comparison available no comparison available no comparison available no comparison available no comparison available Notes [1]Sourced from "Bakersfield MASTER FEE SCHEDULE 07.01.19.pdf" [2]Sourced from "Modesto - Code violation appeal fee.docx" compiled by City Staff. [3]Sourced from the City of Sacramento website. [4]Sourced from "Stockton 2018_19_Adopted_Fee_Schedule.pdf" [5]Sourced from the City of Long Beach website. Actual cost of hearing plus pass-through of invoices charged by third party abatement company. no comparison available no comparison available $2.73 per tire. First 2 special pick-ups per year are free. no comparison available no comparison available no comparison available Inspection: $182-$401 depending on size Actual cost plus cost of contractor $ 525 Inspection / Re-inspection: $127 Program Fee: $16 Rescheduling Fee: $80 no comparison available no comparison available $ 253 NBS - Local Government Solutions Web: www.nbsgov.com Toll-Free:800.676.7516 1/2/2020 Page 3 of 3 Code Enforcement User Fee Analysis Presentation to City Council February 13, 2020 1City of Fresno – Code Enforcement Fee Study Presentation Presentation AgendaPresentation Agenda 1. Project Goals 2. Project Approach 3. Summary of Results 4. Questions 2City of Fresno – Code Enforcement Fee Study Presentation Project GoalsProject Goals Understand Full Cost of Providing Services Set Municipal Fees Accordingly 21 3City of Fresno – Code Enforcement Fee Study Presentation Project ScopeProject Scope Cost Recovery Opportunities YES Revenues Adopted Solely by City Council YES Taxes, Fines, Penalties, etc.NO 4City of Fresno – Code Enforcement Fee Study Presentation Complaint Response and Issue Identification Notice and Order / Violation Code Violation Appeals Abatement Enforcement Administrative Fee Rental Housing and Inspection Sign Retrieval Fees StudiedFees Studied 5City of Fresno – Code Enforcement Fee Study Presentation Project ApproachProject Approach Data Collection Fee Structure Review Annual Total Cost Analysis Hourly Cost Analysis Per Unit Cost Analysis Cost Recovery Outcomes and Fee Setting Policy 6City of Fresno – Code Enforcement Fee Study Presentation Defining Total CostsDefining Total Costs • Salaries and benefits • Services and supplies Direct • Program, Division, Departmental and Citywide Indirect • Review required from internal departments for approval Support 7City of Fresno – Code Enforcement Fee Study Presentation Per Unit Cost CalculationPer Unit Cost Calculation Fully- Burdened Hourly Rate (FBHR) Time to Complete Maximum Fee Amount 8City of Fresno – Code Enforcement Fee Study Presentation Cost Recovery/Fee SettingCost Recovery/Fee Setting Full Cost of Service ($) Revenue from Current Fee ($) Funding from Increased Fee or Non-Fee Revenue Sources Current Cost Recovery Level Maximum Cost Recovery 100% Minimum Cost Recovery 0% 9City of Fresno – Code Enforcement Fee Study Presentation City of Fresno currently recovers approximately 68% of the total annual cost of providing services. Should the Council adopt all fees at 100% of the Cost of Service per Activity amounts shown, an additional $52,000 could be recovered. Summary of ResultsSummary of Results Division Estimated Annual Current Fee Revenue Estimated Annual Full Cost Recovery Fee Revenue Annual Cost Recovery Surplus / (Deficit) Current Cost Recovery % Code Enforcement $ 112,697 $ 164,542 $ (51,845)68% 10City of Fresno – Code Enforcement Fee Study Presentation Comparison agencies: Cities of Bakersfield, Modesto, Sacramento, Stockton, Long Beach Reasonable attempt to compare readily available information Caveats: – Differing cost recovery policies or procedures – Varied terminology for provision of similar services – Basis of fees and frequency of review differs among jurisdictions Comparative SurveyComparative Survey NK3 Slide 11 NK3 can you draw any conclusions about whether current fees were comparable and whether full cost recovery results are comparable? Nicole Kissam, 1/28/2020 11City of Fresno – Code Enforcement Fee Study Presentation Questions & Comments?Questions & Comments? 800-676-7516 nkissam@nbsgov.com Nicole Kissam Project Director City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: REPORT TO THE CITY COUNCIL February 13, 2020 FROM:JENNIFER CLARK, AICP, Director Planning and Development Department THROUGH:MIKE SANCHEZ, AICP, Assistant Director Development Services Division BY:RODNEY L. HORTON, Planner III Development Services Division SUBJECT HEARING to consider Plan Amendment Application No.P18-03290,Rezone Application No.P18- 03290,Development Agreement,and related Environmental Assessment No.P18-3290 filed by Daniel J.Zoldak of Lars Andersen &Associates on behalf of Sylvesta Hall of 2500 MLK,LLC,which proposes to re-designate ±89.68 acres of existing land,previously analyzed under approved Plan Amendment Application No.A-17-007.The proposed development is entitled “West Creek Village Mixed-Use Project.” (Council District 3) 1.ADOPT an addendum to the previously adopted Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-007/R-17-010/ANX-17-005/TPM, dated August 2, 2017. 2.RESOLUTION -Approving Plan Amendment Application No.P18-03290 proposing to amend the Fresno General Plan and the Southwest Fresno Specific Plan to the following designations on the subject parcel:Community Park for 9.51 acres,College for 6.48 acres,Medium Density for 50.18 acres,Regional Commercial for 21.08 acres,and Community Commercial for 2.43 acres to Medium Density Residential for 26.58 acres,Medium High Density Residential for 21.32 acres,Community Park for 11.74 acres,Community Commercial for 3.08 acres,and Regional Commercial for 26.96. 3.BILL -(For introduction and adoption)-Approving Rezone Application No.P18-03290 proposing to amend the Official Zone Map to rezone the subject property as follows:from 50.18-acres of RS-5 (Residential Single-Family),21.08-acres of CR (Regional Commercial), 6.48-acres of PI (Public &Institutional),2.43-acres of CC (Community Commercial),and 9.51- acres of PR (Park and Recreation)to 26.58-acres to RS-5 (Residential Single-Family),21.32- acres to RM-1 (Residential Multi-Family),3.08-acres to CC (Community Commercial),11.74- acres to PR (Park and Recreation), and 26.96-acres to CR (Regional Commercial). 4.BILL -(For introduction)-Approving a Development Agreement between the City of Fresno and 2500 MLK LLC,pertaining to future development of real property situated on the northwest corner of East Jensen Avenue and South Martin Luther King, Jr., Boulevard. EXECUTIVE SUMMARY City of Fresno Printed on 12/12/2022Page 1 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: Plan Amendment Application P18-03290 and Rezone Application No.P18-03290 proposes to re- designate ±89.68 acres of existing and partially vacant land,previously analyzed under Plan Amendment Application No.A-17-007,to varying land uses as described above (Please see Exhibit D).Plan Amendment and Rezone Application No.P18-03290 was filed by Daniel J.Zoldak of Lars Andersen &Associates on behalf of Sylvesta Hall of 2500 MLK LLC.The Applicant is proposing changes to the General Plan and the Southwest Fresno Specific Plan to allow for future construction of a mixed-use development that will be supported by commercial amenities and housing immediately adjacent to the future Fresno City College - West Fresno Satellite Campus. The following describes the requested Plan Amendment, Rezone, and Development Agreement. Plan Amendment Application No.P18-03290 proposes to amend the Fresno General Plan by re- designating land uses on the 89.68-acre subject property (See Exhibit B, Planned Land Use Map). Rezone Application No.P18-03290 proposes to amend the Official Zone Map to reclassify zone districts on the ±89.68-acre subject property (See Exhibit C, Proposed Zoning Map). Development Agreement prescribes actions to be taken by the City and the Master Developer,2500 MLK LLC,which pertain to the acquisition of the park amenity site,development of the park amenity, park access and loop road,and required utility connection as well as development of the Subject Property consistent with vested land uses and zoning policies as more particularly described in the Development Agreement. The proposed project involves the removal of the existing four (4)single-family dwellings,of which three (3)are currently vacant in preparation for demolition.The Applicant filed Plan Amendment and Rezone Application No.P18-03290 after extensive and intensive community outreach and engagement by completing a multi-day charrette to solicit and receive community input.The multi- day charrette was completed as prescribed by Section 15-5006 (Neighborhood Meeting).The Council District 3 Project Review Committee reviewed the application and recommended approval, without conditions. BACKGROUND Plan Amendment Application and Rezone Application No.P18-03290 proposes to amend the General Plan and the Southwest Fresno Specific Plan for ±89.68 of partially vacant land on the northwest corner of East Jensen Avenue and South Martin Luther King,Jr.Boulevard.The proposed changes to the General Plan’s Planned Land Use Map include the following:Community Park for 9.51 acres,College for 6.48 acres,Medium Density for 50.18 acres,Regional Commercial for 21.08 acres,and Community Commercial for 2.43 acres to Medium Density Residential for 26.58 acres, Medium High Density Residential for 21.32 acres,Community Park for 11.74 acres,Community Commercial for 3.08 acres, and Regional Commercial for 26.96. The proposed changes to the Official Zone Map include the following:from 50.18-acres of RS-5 (Residential Single-Family),21.08-acres of CR (Regional Commercial),6.48-acres of PI (Public & Institutional),2.43-acres of CC (Community Commercial),and 9.51-acres of PR (Park and Recreation)to 26.58-acres to RS-5 (Residential Single-Family),21.32-acres to RM-1 (Residential Multi-Family),3.08-acres to CC (Community Commercial),11.74-acres to PR (Park and Recreation), City of Fresno Printed on 12/12/2022Page 2 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: Multi-Family),3.08-acres to CC (Community Commercial),11.74-acres to PR (Park and Recreation), and 26.96-acres to CR (Regional Commercial). Intended to facilitate the construction of multi-phased mixed-use development within Southwest Fresno,as envisioned within the Southwest Fresno Specific Plan,the Plan Amendment Application and Rezone Application is necessary for the applicant to make the improvements to the ±89.63-acre subject property.The future mixed-use development will be situated adjacent to the future Fresno City College -West Fresno Campus,and will include housing with varying densities,commercial and cultural amenities, and an ±11-acre Community Park.. Also,the Plan Amendment Application and Rezone Application are needed to implement the vision of the Southwest Fresno Specific Plan.The previous Plan Amendment,Plan Amendment Application No.A-17-007,occurred before the adoption of the Southwest Fresno Specific Plan.The Southwest Fresno Specific Plan calls for the creation of magnet cores,which are home to high intensity uses that attract other supporting higher intensity uses.The Plan Amendment Application and Rezone Application centers on one of the two magnet cores located in Southwest Fresno,the Community College Magnet Core. The Community College Magnet Core is envisioned to be a hub of new activity and reinvestment in Southwest Fresno and is commonly referred to as the “MLK Activity Center.”Through intensive and extensive community outreach,the Southwest Fresno community exhibited a strong preference to see this area become a community college campus with a mix of adjacent uses to support it, including a diverse housing stock, commercial uses, and cultural amenities. The Plan Amendment Application and Rezone Application are also needed to implement the public improvements within the project boundary to be obtained through the City of Fresno pursuant to Transformative Climate Communities (TCC)program funding established by Assembly Bill (AB) 2722,administered by the Strategic Growth Council (SGC).Approximately $4,500,000.00 in funding is set aside for the development of a Community Park within the West Creek Village Mixed-Use Project. Traffic Analysis The Traffic Operations and Planning staff has reviewed the Traffic Impact Analysis prepared by Swift and Associated LLC for the proposed West Creek Village Mix-Use Project.According to the Traffic Impact Analysis,the project plans to develop approximately ±89.68 acres bounded by Church Avenue,South Martin Luther King,Jr.Boulevard,East Jensen Avenue,and Knight Avenue with residential,commercial,retail,office,and park uses.Vehicle trips projected to be generated by the project were calculated using the ITE Trip Generation Manual, 10th Edition. The "Mobility and Transportation"element of the City of Fresno General Plan divides the City of Fresno into four Traffic Impact Zones (TIZ's)on General Plan Figure MT-4.The project site is located in TIZ III.TIZ III allows for 100 peak hour trips to be generated by a project before a Traffic Impact Study (TIS)is required.After review by the Traffic Operations and Planning staff,the proposed project is projected to generate less than 100 peak hour trips,additional traffic analyses is not required. City of Fresno Printed on 12/12/2022Page 3 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: Land Use Plans and Policies The proposed project aligns with objectives and policies found in the Fresno General Plan and the Southwest Fresno Specific Plan. Fresno General Plan Plan Amendment Application and Rezone Application No.P18-03290 proposes to amend the General Plan and the Southwest Fresno Specific Plan for ±89.68 of partially vacant land on the northwest corner of East Jensen Avenue and South Martin Luther King,Jr.Boulevard.The proposed project is compatible with goals,objectives,and policies included in the Fresno General Plan, including: Goal No.1 of the Fresno General Plan encourages the use of urban form,land use,and Development Code policies to streamline permit approval,promote local educational excellence and workforce relevance,significantly increase business development and expansion,retain and attract talented people,create jobs and sustained economic growth,strategically locate employment lands and facilities, and avoid over-saturation of a single type of housing, retail or employment. Goal No.7 of the Fresno General Plan encourages the provision for a diversity of districts, neighborhoods,housing types (including affordable housing),residential densities,job opportunities, recreation,open space,and educational venues that appeal to a broad range of people throughout the city. Goal No.8 of the Fresno General Plan encourages the development of Complete Neighborhoods and districts with an efficient and diverse mix of residential densities,building types,and affordability which are designed to be healthy,attractive,and centered by schools,parks,and public and commercial services to provide a sense of place and that provide as many services as possible within walking distance. Goal No.12 of the Fresno General Plan encourages the resolution of existing public infrastructure and service deficiencies,full use of existing infrastructure,and investment in improvements to increase competitiveness and promote economic growth. Implementing Policies LU-1-a and LU-2-a of the Fresno General Plan promote development of vacant,underdeveloped,and re-developable land within the within the Existing City Limits as of December 31, 2012 where urban services are available. Objective LU-6 of the Fresno General Plan promotes the retention and enhancement of existing commercial areas to strengthen Fresno’s economic base and development of new office,retail,and lodging use districts on sites which will serve neighborhoods and regional visitors. Fresno General Plan Policy LU-6-a fosters high quality design,diversity,and a mix of amenities in new development with uses through the consideration of guidelines,regulations and design review procedures. Plan Amendment/Rezone Application No.P18-03290,as the initial step in the future development of Mixed-Use development project,would aid in the accommodation of sustained economic growth and City of Fresno Printed on 12/12/2022Page 4 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: Mixed-Use development project,would aid in the accommodation of sustained economic growth and the expansion of employment in an area with surrounding residential and educational uses,avoiding over-saturation of a single type of housing, retail or employment in the area. The applicant has also been working with local residents on the concept of the Community Park through the multi-day charrette as well as the public engagement occurring as a result of the Southwest Fresno Specific Plan and the Transformative Climate Communities (TCC)165-member Steering Committee meetings. Growth in a developing urban area,the future project would make use of existing available public infrastructure and utilities.The proposed development would be evaluated at the time of submittal for a Development Permit Application to determine possible impacts to public infrastructure and services. At that time,the proposed development may be required to construct or contribute to infrastructure and/or service improvements. Southwest Fresno Specific Plan Upon reviewing the policies contained in the Plan,staff has determined that there are no policies that are more restrictive than those contained in the FMC.The proposed project is compatible with goals and policies included in the Southwest Fresno Specific Plan, including: Goal LU-1 indicates establishing Southwest Fresno as an attractive and desirable community through the creation of activity centers that provide a variety of housing types and a compatible mixed of non- residential uses such as retail,services,jobs,and recreation uses to Southwest Fresno residents and visitors. Policy LU-1.1 indicates establishing two magnet cores -a southern magnet core at the MLK Activity Center and a northern magnet core at Marks and White Bridge Avenues -that attract a significant amount of new development and accommodate regional retail stores,educational and/or medical facilities, and a range of housing types. Goal LU-2 indicates revitalizing existing key corridors in Southwest Fresno,building off the existing character and potential of the streets,to strengthen neighborhood identity and appeal,and appeal, attract new development, and to connect neighborhoods and magnets. Policy LU-2.6 indicates attracting and encouraging office uses along Jensen Avenue,connecting the magnet core west of MLK Jr. Boulevard to Highway 41, in order to support a Jobs Corridor. Goal LU-3 indicates creating a diversity of new complete neighborhoods that are safe,healthy,self- sufficient,walkable,and interconnected and strengthen existing neighborhoods so that they become a complete neighborhood. Policy LU-3.2 indicates encouraging complete neighborhoods to be located at the intersections of major streets for easy access and high visibility,while ensuring safe ingress and egress (e.g.,use of frontage roads).For existing neighborhoods,nodes,should be created or strengthened with additional uses such as retail and/or parks.For potential new neighborhoods,nodes should be sited at a location accessible to both nearby residents in the new neighborhood and visitors from outside the neighborhood. City of Fresno Printed on 12/12/2022Page 5 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: The Plan Amendment/Rezone Application prepares the subject property for development in accordance with the General Plan and the Southwest Fresno Specific Plan.While a Development Permit Application has not been submitted to the City of Fresno for development of the proposed West Creek Mixed-Use project,future construction will be connect existing and future neighborhoods to public recreation,cultural and civic centers,retail and commercial establishments,and medical facilities. Fresno County Airport Land Use Compatibility Plan On December 3,2018,the Airport Land Use Commission (ALUC)adopted the Fresno County Airport Land Use Compatibility Plan.The proposed project is within the Airport Influence Area of Fresno Chandler Airport and review was required by the ALUC.The subject site is located in the Traffic Pattern Zone,where the Safety Criteria Matrix for the Plan indicates no limit on project density but does require Federal Aviation Administration (FAA)7460 review to determine that development will not exceed the airport’s airspace protection surface.As the project does not include a development permit application with building elevations at this time,the FAA review was not required for the ALUC to review the proposed plan amendment/rezone application.It should be noted that the Applicant has filed FAA Form 7460 and received a Finding of No Hazard. The ALUC reviewed Plan Amendment/Rezone Application No.P18-03290 on November 4,2019,and approved a Finding of Consistency with the Plan. PUBLIC INPUT AND NOTICING District 3 Project Review Committee The District 3 Project Review Committee reviewed the proposed project at their regular meeting held on November 26,2019,at 5:30 p.m.,at Fresno City Hall,2nd floor,Council Chambers.The Committee voted 3-0-1 to recommend (to the Planning Commission and City Council)to approve Plan Amendment Application and Rezone Application No. P18-03290. Neighborhood Meeting The Applicant held a three-day multi-day charrette-style workshop on March 19 -21,2018,at Rutherford B.Gaston Middle School,Multi-Purpose Building,1100 E.Church Avenue.Workshops were held throughout the day and within the timeframe prescribed in Section 15-5006 of the Fresno Municipal Code.The surrounding neighborhoods and community stakeholders were notified in accordance with the public noticing provisions prescribed in Section 15-5007 of the Fresno Municipal Code. Notice of Planning Commission and City Council Hearings Planning and Development staff mailed notices of this Planning Commission hearing to surrounding property owners within 1,000 feet of the subject property (Exhibit H)on December 24,2019,pursuant to Section 15-5007-B-2 of the Fresno Municipal Code. Planning Commission Hearing City of Fresno Printed on 12/12/2022Page 6 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: The Planning Commission held a public hearing on Wednesday,February 5,2020,at 6:00 p.m.,to review the application.No individuals spoke in favor of the application,and two individuals spoke in opposition to the application.Opposition was mainly centered around the concern of limited community engagement.City staff and the applicant clarified the amount of public engagement efforts through multi-day charrettes in which over 500 individuals participated in the workshops.After a complete hearing,the Commission voted and recommended to the City Council to approve the adoption of the Addendum to the previously adopted Mitigated Negative Declaration,approval of Plan Amendment Application No.P18-03290,approval of Rezone Application No.P18-03290,and approval of the Development Agreement.The vote was 5-0-2,with Commissioner Diaz absent for the meeting, and one vacancy on the Planning Commission. ENVIRONMENTAL FINDINGS An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines.Staff has determined that an Addendum to Environmental Assessment No.A-17-007/R-17-010/TPM-17-06/ANX-17-005 (a Mitigated Negative Declaration)is appropriate given that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR or Mitigated Negative Declaration have occurred;and new information added is only for the purposes of providing minor changes or additions,in accordance with Section 15164 of the CEQA Guidelines.There is no substantial evidence in the record that this project will have additional significant effects on the environment that were not identified in Environmental Assessment No.A-17-007/R-17-010/TPM-17-06/ANX-17-005 (a Mitigated Negative Declaration),and that all applicable mitigation measures of the prior MND have been applied to the project.In addition,pursuant to Public Resources Code,Section 21157.6(b)(1), Council finds that no substantial changes have occurred with respect to the circumstances under which the prior MND was adopted;and,that no new information,which was not known and could not have been known at the time that the prior MND was adopted, has become available. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings of Section 15-5812 of the Fresno Municipal Code can be made. These findings are attached as Exhibit M. CONCLUSION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the Fresno General Plan and the Bullard Community Plan;its compatibility with surrounding existing or proposed uses;and its avoidance or mitigation of potentially significant adverse environmental impacts.These factors have been evaluated as described above and by the accompanying environmental assessment.Upon consideration of this evaluation,it can be concluded that Plan Amendment/Rezone Application No.P18-03290 is appropriate for the subject property. Action by the Planning Commission will be a recommendation to the City Council. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Photograph City of Fresno Printed on 12/12/2022Page 7 of 8 powered by Legistar™ File #:ID 20-00184 Agenda Date:2/13/2020 Agenda #: Exhibit C - Existing Planned Land Use Map Exhibit D - Existing Zoning Map Exhibit E - Proposed Plan Amendment Exhibit F - Proposed Rezone Exhibit G - Public Hearing Notice and Noticing Map Exhibit H - Conceptual Map Exhibit I - Operational Statement Exhibit J - Trip Generation and Analysis Exhibit K - Fresno Municipal Code Findings Exhibit L - Development Agreement Exhibit M - Environmental Assessment Exhibit N - DRAFT Development Agreement (Final Form) Exhibit O - District 3 Project Review Committee Vote Sheets Exhibit P - Transform Fresno Project Award Summary Exhibit Q - Proposed Bill for Rezone Exhibit R - Proposed Bill for Development Agreement Exhibit S - Proposed Resolution for Plan Amendment Exhibit T - DRAFT Planning Commission Resolution Exhibit U - PowerPoint Presentation City of Fresno Printed on 12/12/2022Page 8 of 8 powered by Legistar™ VICINITY MAP Subject Property N AERIAL PHOTOGRAPH OF SITE Subject Property Existing Planned Land Use Map Subject Property N Existing Zoning Map Subject Property N 1275'936'935'1241'631'855'595' 839'514'1089'405' 425' 1368'1019'312'315'1557'250' 250' 183'307'444'196'718'164'1265'57'89'19'759'23' E TOWER AVE E GROVE AVE E BYRD AVE E GARRETT AVE E KAVILAND AVE SKNIGHTAVES FAIRVIEW AVES MARTIN LUTHER KING JR BLVDE TOWER AVE E GROVE AV E E BYRD AVE E KAVILAND AVE E GARRETT AVE E DRUMMOND AVE ALYSKNIGHTAVES WELLER STALYALYS BARDELL STSWALNUTAVEE TOWER AVE E JENSEN AVE E CHURCH AVE rmh rm psm rm rm pc rm orp rm rm rm rm rm co rm rm psm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rmrm rm rm rm cr rm nmx rm rm rm rm rm P18-03290APN:479-050-10, 479-050-12, 479-060-02, 4790-60-03, 479-060-08, 479-060-09, 479-060-10, 479-060-11Northwest corner of East Jensen and South Martin Luther King Jr. Blvd. 0 500 1,000250Feet/ EXHIBIT A City Limits Request to amend the Fresno General Plan City of Fr esno County of Fresno c (6.48 acres); cc (2.43 acres); to rm (3.88 acres); cc (3.08 acres); rm (6.75 acres);cp (9.51 acres)torm (3.88 acres);cp (4.52 acres); rmh (13.69 acres) rm torm (1.49 acres); cp (0.22 acres);cr (5.77 acres); rmh (2.14 acres) crtocr crtocrrm (1.65 acres); cr (7.81 acres)tocr rm (15.19 acres); cr (4.30 acres) torm (15.97 acres);cr (1.10 acres) rm tormh (1.34 acres); cp (7.00 acres);cr (1.66 acres) rm torm (5.24 acres); rmh (1.73 acres) 19'759'23' 89'57'1265'164'718'196'444'307'183' 250' 250'1557'315'312'1019'1368' 425' 405'1089'514'839' 595'855'631'1241'935'936'1275'E TOWER AVE E GROVE AVE E BYRD AVE E GARRETT AVE E KAVILAND AVE SKNIGHTAVES FAIRVIEW AVES MARTIN LUTHER KING JR BLVDE TOWER AVE E GROV E AVE E BYRD AVE E KAVILAND AVE E GARRETT AVE E DRUMMOND AVE ALYSKNIGHTAVE S WELLER STALYALYSBARDELLSTS WALNUT AVEE TOWER AVE E JENSEN AVE E CHURCH AVE RS-5 PI RS-5 RS-5 CR NMX RS-5 PR RS-5 RS-5 RS-5 RS-5 RS-5 O RS-5 PI RM-1 0 500 1,000250Feet/ EXHIBIT A City Limits Propose to amend the Official Zone Map to Medium Density Residential (26.58 acres), Medium High Density Residential (21.32acres), Open Space (11.74 acres), Community Commercial (3.08 acres), and Regional Commercial (26.96 acres) City of Fresno County of Fresno RS-5 toRS-5 (5.24 acres); RM-1 (1.73 acres) P18-03290APN:479-050-10, 479-050-12, 479-060-02, 4790-60-03, 479-060-08, 479-060-09, 479-060-10, 479-060-11Northwest corner of East Jensen and South Martin Luther King Jr. Blvd. RS-5 (6.75 acres);PR (9.51 acres)toRS-5 (3.88 acres);PR (4.52 acres); RM-1 (13.69 acres) RS-5 toRM-1 (1.34 acres); PR (7.00 acres);CR (1.66 acres) RS-5 toRS-5 (1.49 acres); PR (0.22 acres);CR (5.77 acres); RM-1 (2.14 acres)RS-5 (15.19 acres); CR (4.30 acres) toRS-5 (15.97 acres);CR (1.10 acres); RS-5 (1.65 acres); CR (7.81 acres)toCR CRtoCR CRtoCR PI (6.48 acres); CC (2.43 acres); to RS-5 (3.88 acres); CC (3.08 acres); CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING Plan Amendment P18-03290 Rezone P18-03290, Development Agreement, Addendum to EA No. A-17-007/R-17-010/ANX-17-005/TPM-2017-06 NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Section 15-3308.B of the Fresno Development Code and in accordance with the procedures of Article 50, Chapter 15, of the Fresno Municipal Code, will conduct a public hearing to consider Plan Amendment P18-03290 Rezone P18-03290, Development Agreement, Addendum to EA No. A-17-007/R-17-010/ANX-17- 005/TPM-2017-06 which was filed Daniel J. Zoldak of Lars Andersen & Associates on behalf of Sylvesta Hall of 2500 MLK, LLC, which proposes to re-designate ±89.68 acres of existing land, previously analyzed under approved Plan Amendment Application No. A-17-007. The proposed development is entitled “West Creek Village Mixed-Use Project.” The Fresno City Council will receive and consider the recommendation from the Fresno Planning Commission on the following items: 1. Addendum: consideration of the ADOPTION of the addendum to the previously adopted Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-007/R-17- 010/ANX-17-005/TPM-2017-06, dated August 2, 2017. 2. Plan Amendment Application No. P18-03290: consideration of a RESOLUTION amending the Fresno General Plan and the Southwest Fresno Specific Plan to the following designations on the subject parcel: Medium Density Residential for 50.18 acres, College for 6.48 acres, Community Park for 9.51 acres, Regional Commercial for 21.08 acres, and Community Commercial for 2.43 acres to Medium Density Residential for 26.58 acres, Medium High Density Residential for 21.32 acres, Community Park for 11.74 acres, Community Commercial for 3.08 acres, and Regional Commercial for 26.96. 3. Rezone Application No. P18-03290: consideration of a BILL (For Introduction) amending the Official Zone Map to rezone the subject property as follows: from 50.18-acres of RS-5 (Residential Single-Family), 21.08-acres of CR (Regional Commercial), 6.48-acres of PI (Public & Institutional), 2.43-acres of CC (Community Commercial), and 9.51-acres of PR (Park and Recreation) to 26.58-acres to RS-5 (Residential Single-Family), 21.32-acres to RM- 1 (Residential Multi-Family), 3.08-acres to CC (Community Commercial), 11.74-acres to PR (Park and Recreation), and 26.96-acres to CR (Regional Commercial). 4. Development Agreement: consideration of a BILL (for introduction) approving a Development Agreement between the City of Fresno and 2500 MLK LLC, pertaining to future development of real property situated on the northwest corner of East Jensen Avenue and South Martin Luther King, Jr., Boulevard. Any interested person may appear at the public hearings and present written testimony, or speak in favor or against the project proposal. However, all documents submitted to the City Council for its consideration shall be submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard, pursuant to the City Council’s meeting rules and procedures, or they may be excluded from the administrative record of proceedings. If an individual challenges the above applications in court, they may be limited to raising only those issues that were raised at the public hearings described in this notice, or in written correspondence delivered to the Planning Commission or City Council consistent with their respective rules of procedure. The Planning Commission’s recommendations will be considered by the City Council. NOTE: This public hearing notice is being mailed to surrounding property owners within 1,000 feet of the project site pursuant to the requirements of Fresno Municipal Code Section 15-5007. For additional information, contact Rodney Horton, Planning and Development Department, Development Services Division, City Hall, 2600 Fresno Street, Fresno, California 93721-3604, by telephone, 559-621-8181; by fax at 559-498-1026, or via e-mail at Rodney.Horton@fresno.gov. Si necesita información en Español, comuníquese con Jose Valenzuela al teléfono (559) 621- 8070. Yog xav paub ntxiv, thov hu rau Kao Vang ntawm (559) 621-8058 los yog xav ntawv rau tws email Kao.Vang@fresno.gov. Jennifer K. Clark, Director Planning and Development Department DATED: January 27, 2020 SEE MAP ON REVERSE SIDE FRESNO CITY COUNCIL Date: Thursday, February 13, 2020 Time: 10:00 a.m., or thereafter Place: City Hall Council Chamber, 2nd Floor 2600 Fresno Street, Fresno, CA 93721 Rodney Horton PLANNING AND DEVELOPMENT DEPARTMENT 2600 FRESNO ST, ROOM 3043 FRESNO CA 93721-3604 THIS IS A LEGAL NOTICE Plan Amendment P18-03290 Rezone P18-03290, Development Agreement, Addendum to EA No. A-17-007/R-17-010/ANX-17- 005/TPM-2017-06 2458 South Martin Luther King, Jr. Boulevard, Fresno, CA 93706 ±89.63-arce parcels located on the northwest corner of East Jensen Avenue and South Martin Luther King, Jr. Boulevard APN(s): 479-050-01, 479-050-02, 479-050-03, 479-050-06, 479-050-08, 479-060-02, 479-060-03, 479-060-08, 479-060-09, 479- 060-10, 479-060-11 VICINITY MAP Subject Property Planning and Development Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026 47905012 47906011 47802010T 4790500347905002 47902055T 47803058T 47906002 47905001 47906003 47906010 47803059 47908340T 47906009 47905010 47803057T 47803054 47905005 47905004 47803010 47905008 47905006 47803044 47803048 47803055 47823411 47824090 47915108 47915111 47915217 47915118 47823219 4782348147823468 4782346747823454 47823482 47831105 47817157 47817156 47824091 47823455 47823462 4783112847823423 478234614782346047823456 47823458 47823220 47823230 478312024783112647831127 47915110 47823212 47823234 47824089 47915109 478232144782321747823232 4782321547823216 4782323647823235 47831104 47823233 47915107 47915106 47831201 47823213 47824088 478234254782342447823427 4782342847823429 478233214782331047823126 47823120 478233164782312147823315 478240874782408647824085 47817153 47823453 479161184791611947916106479161054791610447916103 47916102 47916302 4791612147916120 47916301 47916122 47824078 478240704782407147824076 47831106 478231174782311847823119 47823311 47831107 4782400847823313 47831108 WALNUT AVECHURCH AVE MARTIN LUTHER KING JR BLVDFLORENCE AVE BYRD AVE KNIGHT AVEWELLER STGROVE AVEBARDELL STBELGRAVIA AVELEE AVEGARRETT AVE KAVIL AND AV E TUPMAN STTOWER AVE GROVE AVE BARDELL STBELGRAVIA AVE BYRD AVE GARRETT AVE KAVILAND AVE Ad dress List Map, c:\gisdm6\automap\adrlist.mxd, Fri Dec 20 16:40:26 2019 Buffered at:1100 Feet, Legal Notices, Owners47905011T 799142 AddrList ELM AVEJENSEN AVE CHURCH AVE FRUIT AVEWALNUT AVECALIFORNIA AVE 99 H W Y B ST Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Proposed General Plan Land Use Map Proposed Land Uses on project site: Community Park (9.63 acres) C – College (26.55) Medium Density Residential (54.48 acres) Regional Commercial (22.52 acres) Figure I-3 Community Commercial (2.40 acres) Proposed General Plan Map Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Proposed General Plan Land Use Map Proposed Land Uses on project site: Community Park (11.74 acres) Medium High Density Residential (21.32 acres) Medium Density Residential (26.58 acres) Regional Commercial (26.96 acres) Figure I-2 Community Commercial (3.08 acres) Proposed General Plan Map Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Current City of Fresno Zoning Map Figure I-3 Existing Zoning Map (City) Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Proposed City of Fresno Zoning Map Figure I-4 Proposed Zoning Map (City) Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Figure I-4 APN Map Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Figure I-4 APN Map Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Figure I-6 Proposed Southwest Fresno Specific Plan Map Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Figure I-7 Proposed Southwest Fresno Specific Plan Land Use Map Scott A. Mommer Consulting Land Development Services 4694 W. Jacquelyn Avenue – Fresno Ca. 93722 P:(559) 276-2790 f:(559) 276-0850 www.larsandersen.com Figure I-8 Vicinity Map MULTI-USE DEVELOPMENT PAGE 1 OF 2 SUPPORTING INFORMATION FOR PLAN AMENDMENT AND REZONE SUPPORTING INFORMATION FOR MASTER APPLICATION FORM PLAN AMENDMENT AND REZONE ✓ PROJECT DESCRIPTION The Developers of the property located on the southwest quadrant of E Jensen Avenue and S Martin Luther King Jr. Boulevard are proposing to transform the existing property into a Mixed-Use Project and to incorporate into its environs a new Community College along with Residential, Open Space, and Commercial development to be known as the MLK Activity Center. The site is presently planned Medium Density Residential (50.18 acres), Regional Commercial (21.08 acres), Community Commercial (2.43 acres), College (6.48 acres), and Community Park (9.51 acres). The proposed project would consist of Medium Density Residential (26.58 acres), Medium High Density Residential (21.32 acres), Open Space (11.74 acres), Community Commercial (3.08 acres), and Regional Commercial (26.96 acres). EXISTING STRUCTURES APN EXISTING SQ. FT. STRUCTURES 479-050-01 None None 479-050-02 None None 479-050-03 1,108 SF Residential Home 479-050-06 None None 479-050-08 None None 479-060-02 None None 479-060-03 1,597 SF Residential Home 479-060-08 860 SF Residential Home 479-060-09 None None 479-060-10 None None 479-060-11 1,428 SF Residential Home The site was previously used for agricultural purposes, which ceased operation several years ago. There are four (4) existing single-family dwelling units, in which three (3) are vacant. The project proposes the removal of all four (4) existing single-family dwelling units. Utilities required for the proposed project (e.g., electricity, natural gas, sewer and water) are already existing on- site. The project will comply with City of Fresno utility requirements and utility plans will be provided for final permits. The project is proposed to be constructed into phases. The timing of the phases will be market driven and therefore has not been established at this time. Primary access to the site would be off of E Jensen Avenue, S Martin Luther King Jr. Blvd, S Knight Avenue, and E Church Avenue. MULTI-USE DEVELOPMENT PAGE 2 OF 2 SUPPORTING INFORMATION FOR PLAN AMENDMENT AND REZONE ✓ OTHER ENTITLEMENTS A Parcel Map is being submitted with the overall entitlement. ✓ PROJECT ADDRESSES (SEE TABLE MA-I) ✓ A.P.N. (SEE TABLE MA-I AND FIGURES I-5A &I-5B) ✓ SIZE OF SITE SQUARE FOOTAGE (SEE TABLE MA-I) ✓ SIZE OF SITE ACREAGE (SEE TABLE MA-I) ✓ ZONING DESIGNATION (SEE TABLE MA-I & FIGURE I-3) ✓ GENERAL PLAN DESIGNATION (SEE TABLE MA-I & FIGURE I-1) TABLE MA-I FIGURES ▪ FIGURE I-1: EXISTING GENERAL PLAN ▪ FIGURE I-2: PROPOSED GENERAL PLAN ▪ FIGURE I-3: EXISTING ZONE MAP(CITY) ▪ FIGURE I-4: PROPOSED ZONE MAP ▪ FIGURE I-5A: APN ▪ FIGURE I-5B: APN ▪ FIGURE I-6 SW FRESNO SPECIFIC PLAN ▪ FIGURE I-7 SW FRESNO LAND USE MAP ▪ FIGURE I-8 VICINITY MAP ADDRESS APN SIZE OF SITE SQ. FT. SIZE OF SITE ACREAGE ZONING DESIGNATION (EXISTING- CITY) GENERAL PLAN DESIGNATION (EXISTING) NO ADDRESS Portion of 479-050-02 303,523 SF 6.97 RS-5 – Residential Single Family (6.97 acres) Medium Density Residential (6.97 acres) 2458 S Martin Luther King Jr. Blvd, Fresno, CA 93706 Portion of 479-050-03 1,096,528 SF 25.17 PI – Public & Institutional (6.48 acres); RS-5 – Residential Single Family (6.75 acres); CC – Community Commercial (2.43 acres); PR – Park & Recreation (9.51 acres) C- College (6.48 acres), Medium Density Residential (6.75 acres), Community Park (9.51 acres), Community Commercial (2.43 acres) NO ADDRESS 479-060-02 435,687 SF 10.00 RS-5 – Residential Single Family Medium Density Residential 2540 S Martin Luther King Jr. Blvd, Fresno, CA 93706 479-060-03 419,180 SF 9.62 RS-5 – Residential Single Family Medium Density Residential 2588 S Martin Luther King Jr. Blvd, Fresno, CA 93706 479-060-08 94,791 SF 2.18 CR – Regional Commercial Regional Commercial 831 E Jensen Ave, Fresno, CA 93706 479-060-09 295,703 SF 6.79 CR – Regional Commercial Regional Commercial NO ADDRESS 479-060-10 412,084 SF 9.46 RS-5 – Residential Single Family (1.65 acres); CR – Regional Commercial (7.81 acres) Medium Density Residential (1.65 acres), Regional Commercial (7.81 acres) 571 E Jensen Ave, Fresno, CA 93706 479-060-11 849,130 SF 19.49 RS-5 – Residential Single Family (15.19 acres); CR – Regional Commercial (4.30 acres) Medium Density Residential (15.19 acres), Regional Commercial (4.30 acres) MIXED-USE DEVELOPMENT PAGE 1 OF 3 OPERATIONAL STATEMENT FOR PLAN AMENDMENT AND REZONE THE OPERATIONAL STATEMENT FOR PLAN AMENDMENT AND REZONE ✓ PROJECT SITE ADDRESSES (SEE TABLE GPA/RZ-I) ✓ ASSESSOR’S PARCEL NUMBERS (APN) (SEE TABLE GPA/RZ -I AND FIGURES I-5A & I-5B) ✓ ACREAGE TO BE AMENDED (TABLE GPA/RZ -I & FIGURE I-1) ✓ EXISTING GENERAL PLAN LAND USE DESIGNATION (SEE TABLE GPA/RZ -I & FIGURE I-1) ✓ EXISTING ZONING (SEE TABLE GPA/RZ-1 & FIGURE I-3) TABLE GPA/RZ-I PROJECT SITE ADDRESS APN ACREAGE TO BE AMENDED EXISTING GENERAL PLAN LAND USE DESIGNATION PROPOSED GENERAL PLAN LAND USE DESIGNATION EXISTING ZONING (CITY) PROPOSED ZONING NO ADDRESS Portion of 479-050-02 6.97 Medium Density Residential (6.97 acres) Medium Density Residential (5.24 acres); Medium High Density Residential (1.73 acres) RS-5 – Residential Single Family (6.97 acres) RS-5 Residential Single Family (5.24 acres); RM- 1 – Residential Multi Family (1.73 acres) 2458 S Martin Luther King Jr. Blvd, Fresno, CA 93706 Portion of 479-050-03 25.17 C- College (6.48 acres), Medium Density Residential (6.75 acres), Community Park (9.51 acres), Community Commercial (2.43 acres) Medium Density Residential (3.88 acres), Community Park (4.52 acres), Community Commercial (3.08 acres); Medium High Density Residential (13.69 acres) PI – Public & Institutional (6.48 acres); RS-5 – Residential Single Family (6.75 acres); CC – Community Commercial (2.43 acres); PR – Park & Recreation (9.51 acres) RS-5 – Residential Single Family (3.88 acres); CC – Community Commercial (3.08 acres); PR – Park & Recreation (4.52 acres); RM-1 – Residential Multi Family (13.69 acres) NO ADDRESS 479-060-02 10.00 Medium Density Residential Medium High Density Residential (1.34 acres); Community Park (7.00 acres); Regional Commercial (1.66 acres) RS-5 – Residential Single Family RM-1 – Residential Multi Family (1.34 acres); PR – Park & Recreation (7.00 acres); CR – Regional Commercial (1.66 acres) 2540 S Martin Luther King Jr. Blvd, Fresno, CA 93706 479-060-03 9.62 Medium Density Residential Medium Density Residential (1.49 acres); Community Park (0.22 acres); Regional Commercial (5.77 acres); Medium High Density Residential (2.14 acres) RS-5 – Residential Single Family RS-5 – Residential Single Family (1.49 acres); PR – Park & Recreation (0.22 acres); CR – Regional Commercial (5.77 acres); RM-1 – Residential Multi Family (2.14 acres) 2588 S Martin Luther King Jr. Blvd, Fresno, CA 93706 479-060-08 2.18 Regional Commercial Regional Commercial CR – Regional Commercial CR – Regional Commercial 831 E Jensen Ave, Fresno, CA 93706 479-060-09 6.79 Regional Commercial Regional Commercial CR – Regional Commercial CR – Regional Commercial NO ADDRESS 479-060-10 9.46 Medium Density Residential (1.65 acres), Regional Commercial (7.81 acres) Regional Commercial RS-5 – Residential Single Family (1.65 acres); CR – Regional Commercial (7.81 acres) CR - Regional Commercial MIXED-USE DEVELOPMENT PAGE 2 OF 3 OPERATIONAL STATEMENT FOR PLAN AMENDMENT AND REZONE 571 E Jensen Ave, Fresno, CA 93706 479-060-11 19.49 Medium Density Residential (15.19 acres), Regional Commercial (4.30 acres) Medium Density Residential (15.97 acres); Regional Commercial (1.10 acres); Medium High Density Residential (2.42 acres) RS-5 – Residential Single Family (15.19 acres); CR – Regional Commercial (4.30 acres) RS-5 – Residential Single Family (15.97 acres); CR – Regional Commercial (1.10 acres); RM-1 – Residential Multi Family (2.42 acres) ✓ IDENTIFY THE COMMUNITY PLAN The project is located in the Edison Community Plan Area. ✓ IDENTIFY THE SPECIFIC PLAN The project site is located in the proposed Southwest Fresno Specific Plan and is designated to implement the plans vision. ✓ IDENTIFY THE REDEVELOPMENT PLAN (IF APPLICABLE) The project is not located in a City of Fresno Redevelopment Plan. ✓ DESCRIPTION OF EFFORTS THAT HAVE BEEN MADE TO DISCUSS THE PROPOSAL WITH NEIGHBORS The proposed Master Plan has been a discussion throughout the Southwest Community for the past three years and various workshops and one public hearing occurred to discuss the master planning for the southwest area. ✓ DESCRIPTION OF HOW THE PROPOSAL IS COMPLEMENTARY TO THE SURROUNDING NEIGHBORHOOD. It is a top priority of the project planners to complete the design of the mixed-use complex and enhance the neighborhood. After several initial planning meetings where neighbors were asked to provide input regarding the project proposal the Developers are aware of the community’s needs for a well-planned out community that not only provides for sustainable living but also provides opportunity for employment and education along with community activities by development of a community park with pedestrian friendly access throughout the area. ✓ DESCRIPTION OF HOW THE PROPOSAL HELPS IMPLEMENT THE FRESNO GENERAL PLAN. The project goal is to establish a mixed-use development and complete neighborhood, including residential, commercial, open space, and educational land uses. The amendment of the subject properties is necessary to support the overall mixed-use development of the overall development. Mixed-use developments of these types are consistent with some of the key goals of the General Plan. The stated focal goal of the General Plan Vision is to accommodate moderate population growth while limiting outward expansion beyond the City's present planned urban boundaries, and to enhance the established community's physical and social environment through revitalization of Fresno's existing urban core. ▪ To create a residential development consistent with the goals and purposes of the City of Fresno General Plan including increasing available housing stock, revitalizing a residential area and eliminating the spread of blight and deterioration in the area. ▪ To help address the housing shortage by increasing the supply of housing in the City and building out the site to allowable densities in an appropriately designed integrated project. ▪ To provide a mix of housing type for students. MIXED-USE DEVELOPMENT PAGE 3 OF 3 OPERATIONAL STATEMENT FOR PLAN AMENDMENT AND REZONE ▪ To promote a jobs/housing balance by locating attractive new housing in proximity to employment centers and mass transit. ▪ To provide housing in close proximity to commercial areas and public transit. ▪ To design a high-quality development that’s consistent with the Southwest Specific Plan. ▪ To provide a project that incorporates high-quality landscaping and aesthetics, creating a more beautiful and livable neighborhood environment. ▪ To promote the neighborhood as a viable and growing community, attractive to both current and new residents and nearby businesses. ✓ DESCRIBE, IN DETAIL, THE PROPOSED USE(S) The proposed General Plan Amendment is to provide the designated land areas and as each phase develops, they will provide detailed information of their proposed uses, building type, sustainable living, and overall integration for a pedestrian friendly development. The proposed project involves the removal of the existing four (4) single-family dwellings, of which three (3) are vacant. ✓ DETAIL THE HOURS OF OPERATION AND THE NUMBER OF EMPLOYEES To be determined at the time of development or future entitlement submittals. ✓ DETAIL THE EXPECTED DAILY VISITORS/USERS/GUESTS To be determined at the time of development or future entitlement submittals. ✓ DESCRIBE ANY REASONABLE FORESEEABLE EFFECTS FROM CONSTRUCTION AND/OR THE SITE THAT MAY IMPACT THE NEIGHBORS. The project will utilize Best Management Practices for compliance with all State and Local Codes for storm water quality during construction. A Storm Water Pollution Prevention Plan will be implemented to minimize or prevent sediment or erosion to neighboring sites. Any construction noise will be within the City’s noise regulations. ✓ DETAIL ALL SECURITY MEASURES There will be public lighting of the roadways and open spaces to provide security and the area will have services provided by the City of Fresno Police and Fire Department along with Public Works for any infrastructure concerns. Swift and Associates LLC; The Crabtree Group Inc. December 6, 2019 Mr. Sylvesta Hall, Mr. J. Shehadey Via Email Only to qbbigback@aol.com Subject: Addendum Letter for the Revised Traffic Impact Analysis Report prepared for West Creek Village Bounded by East Church Avenue, South Martin Luther King, Jr. Boulevard, East Jensen Avenue and South Knight Avenue. Swift and Associates LLC in conjunction with The Crabtree Group have prepared an Addendum Letter for the Revised Traffic Impact Analysis (TIA) Report for West Creek Village generally bounded by East Church Avenue, South Martin Luther King, Jr. Boulevard, East Jensen Avenue and South Knight Avenue. This Addendum Letter has been prepared to update a portion of Exhibit “J” of the Plan Amendment Application EA No. A-17-007/R-17-010/, August 7, 2017. Table 2 of that Exhibit enumerates trip generation maximums adopted by the General Plan for the project shown as follows; . Swift and Associates LLC; The Crabtree Group Inc. Project Description The Project proposes to develop up to 481 residential units (92 single-family detached, 25 single-family attached, 264 multi-family, and 100 lofts over ground floor retail), 253,700 sf of retail (including 10,000 sf of medical clinic), 40,000 sf of cinema (6 screens), 50,000 sf of office, and 11.75 acres of open space on approximately 89.68 acres located within the southwest quadrant of E. Jensen Avenue and S. Martin Luther King Jr. Boulevard. The site is presently planned Medium Density Residential (50.18 acres, gross), Regional Commercial (21.08 acres, gross), Community Commercial (2.43 acres, gross), College (6.48 acres, gross), and Community Park (9.51 acres, gross). The proposed project would consist of Medium Density Residential (26.56 acres, gross), Medium High Density Residential (21.36 acres, gross), Open Space (11.75 acres, gross), Community Commercial (3.08 acres, gross), and Regional Commercial (26.93 acres, gross). Trip Generation Regarding residential uses: • The Medium Density Residential land use can be developed with 5 to 12 single-family dwelling units per acre (net), although for the purposes of this Trip Generation Calculation it has been assumed that this land use would yield 5.03 units per acre (net) for a total of 92 single-family detached units. The method for calculating the net density of single-family detached units is shown in Attachment A. • The Medium-High Density Residential land use can be developed with 12 to 16 multifamily dwelling units per acre (net). Based on the acreage for this land use area, this would yield 224 units. For the purposes of this Trip Generation Calculation, however, it is assumed that an 18.5% affordable housing density bonus is applied to the multi-family parcels within this land use area, yielding 265 total units (25 single-family attached rowhouse units and 240 multi-family units) with a resultant density of 18.94 units per acre (net). • The Regional Commercial land use can be developed with up to 16 multi-family units per acre (net). Based on the acreage of the parcels that would develop with multi-family housing within this land use area, this would yield 120 units comprised of 20 multi-family units and 100 loft units over retail. For the purposes of this Trip Generation Calculation, however, it is assumed that a 20% affordable housing density bonus is applied to the multi-family parcels within this land use area, yielding 24 total multi-family units with a resultant density of 19.20 units per acre (net) for the multi-family parcel. This reveals a total of 124 units within the Regional Commercial land use area with a resultant density of 16.53 du/acre/net. Thus, the total number of residential units within the Plan Area is 480: 92 single-family detached units, 288 multi-family units, and 100 loft units over retail. Regarding commercial uses: • The Regional Commercial land use can be developed with commercial building area with a floor area ratio (FAR) of up to 1.0, although for the purposes of the Trip Generation Calculation it has been assumed that this land use would yield an FAR of 0.41 for a total of 310,700 sf of Swift and Associates LLC; The Crabtree Group Inc. commercial uses comprised of 50,000 sf of office, 40,000 sf of cinema, and 220,700 sf of retail (117,200 sf of general retail, 55,000 sf of supermarket, 20,000 sf of home improvement, 15,000 sf of restaurant, 2,500 sf of bank, and 10,000 sf of medical clinic), and 40,000 sf of cinema (6 screens). • The Community Commercial land use can be developed with commercial building area with a floor area ratio (FAR) of up to 1.0, although for the purposes of the Trip Generation Calculation it has been assumed that this land use would yield an FAR of 0.33, for a total of 33,000 sf of general retail. Thus, the total amount of commercial is 343,700 sf: 50,000 sf of office, 40,000 sf of cinema, and 253,700 of retail. Trip generation rates for the proposed Project at buildout were obtained from the 10th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE). Table I presents the trip generation for the proposed Project with trip generation rates for a mix of uses. At buildout, the proposed Project is estimated to generate a maximum of 20,120 daily trips, 735 AM peak hour trips and 1851 PM peak hour trips. Table I, Proposed Land Use Trip Generation Table 2 of Exhibit J sets the thresholds for the proposed project, and a comparison is made adjacent; The ADT, PM and AM Peaks for the project fall lower than the previous project, as does the AM and PM Peak shown adjacent. Swift and Associates LLC; The Crabtree Group Inc. Please feel free to contact us if you have any questions or comments. Prepared By: _________________________________________ Peter Swift, Swift and Associates, LLC (phswi@aol.com, 720-406-7487) Prepared under the supervision and review of: _______________________________________________________ Paul Crabtree, PE License C-52179. Expires 12/31/2020 (pcrabtree@crabtreegroupinc.com, 719-221- 1799) Swift and Associates LLC; The Crabtree Group Inc. ATTACHMENT A PLAN AMENDMENT AND REZONE FINDINGS FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5812 A. The change is consistent with the General Plan (GP) goals and policies, any operative plan, or adopted policy; and, Finding A: As outlined in “Land Use Plans and Policies” of the staff report, the application is consistent with the Fresno General Plan, the Southwest Fresno Specific Plan, and with the Fresno County Airport Plan Use Compatibility Plan. B. The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare; and, Finding B: The proposed project is consistent with the purpose of the Development Code to promote growth in an orderly and sustainable manner, support infill development, and to promote and protect the public health, safety, peace, comfort, and general welfare; C. The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the GP, any applicable operative plan, or adopted policy, and to increase the inventory of land within a zoning district to meet market demand. Finding C: The change in land use will achieve a balance of land uses desired by the City to provide employment-generating uses consistent with the Fresno General Plan. This project provides residents with enhanced opportunity to find employment within their neighborhood, which currently includes a mix of single and multi- family residential, retail, office, and school uses within walking distance of one another. CITY OF FRESNO ADDENDUM TO A MITIGATED NEGATIVE DECLARATION PREPARED FOR ENVIRONMENTAL ASSESSMENT NO. A-17-007/R- 17-010/TPM-17-06/ANX-17-005 for the Martin Luther King, Jr. Activity Center project. (As filed with the Fresno County Clerk on August 2, 2017) Addendum prepared in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines This addendum was not circulated for public review pursuant to Section 15164(c) of the CEQA Guidelines. The full Initial Studies and the Master Environmental Impact Report SCH No. 2012111015 are on file in the Planning and Development Department, Fresno City Hall, 3rd Floor 2600 Fresno Street Fresno, California 93721 (559) 621-8277 ENVIRONMENTAL ASSESSMENT NUMBER: A-17-007/R-17-010/TPM-17- 06/ANX-17-005 APPLICANT: Daniel J. Zoldak Lars Andersen & Associates 4694 W. Jacquelyn Avenue Fresno, CA 93722 PROJECT LOCATION: 2458 S. Martin Luther King, Jr. Boulevard Fresno, CA 93706 (Situated on the northwest corner of East Jensen Avenue and South Martin Luther King, Jr. Boulevard. See attached vicinity map.) PROJECT DESCRIPTION: Plan Amendment Application and Rezone Application No. P18-03290 was filed by Daniel J. Zoldak of Lars Andersen & Associated, on behalf of Sylvesta Hall of 2500 MLK LLC, developer. The applicant filed Plan Amendment Application and Rezone Application No. P18-03290. The project proposes to re-designate ±89.63 acres of existing land, previously analyze under approved Plan Amendment Application No. A-17-007. The Plan Amendment Application and Rezone Application are needed to develop the project as a mixed-use activity center that will accommodate a diversified housing stock, and commercial amenities. The mixed-use development will be anchored by the future Fresno City College – West Fresno Satellite Campus. The proposed changes to the General Plan’s Planned Land Use Map include the following: Community Park for 9.51 acres, College for 6.48 acres, Medium Density for 50.18 acres, Regional Commercial for 21.08 acres, and Community Commercial for 2.43 acres to Medium Density Residential for 26.58 acres, Medium High Density Residential for 21.32 acres, Community Park for 11.74 acres, Community Commercial for 3.08 acres, and Regional Commercial for 26.96. The proposed changes to the Official Zone Map include the following: from 50.18-acres of RS-5 (Residential Single-Family), 21.08-acres of CR (Regional Commercial), 6.48-acres of PI (Public & Institutional), 2.43-acres of CC (Community Commercial), and 9.51-acres of PR (Park and Recreation) to 26.58-acres to RS-5 (Residential Single-Family), 21.32-acres to RM-1 (Residential Multi-Family), 3.08-acres to CC (Community Commercial), 11.74-acres to PR (Park and Recreation), and 26.96-acres to CR (Regional Commercial). The project will also include a Tentative Parcel Map, prepared in accordance with the provisions of the California Subdivision Map Act. Addendum to a Mitigated Negative Declaration Environmental Assessment No. A-17-007/R-17-010/TPM-17-06/ANX-17-005 Date: 1/13/2020 2 | Page The project as proposed will not have a significant impact. It may be determined that: (1) The project does not significantly exceed the scope of Environmental Assessment No. A-17-007/R-17-010/TPM- 17-06/ANX-17-005; (2) No substantial changes are proposed in the project which require major revisions to the previous environmental finding due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (3) No substantial changes will occur with respect to the circumstances under which the project is undertaken; and, (4) No new information, which was not known and could not have been known, at the time the environmental finding for Environmental Assessment No. A-17-007/R-17-010/TPM-17-06/ANX-17- 005 was adopted, has become available. Therefore, the City of Fresno has determined that an addendum to Environmental Assessment No. A- 17-007/R-17-010/TPM-17-06/ANX-17-005 is appropriate given that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent negative declaration have occurred; and, new information added is only for the purposes of providing minor changes or additions, in accordance with Section 15164 of the CEQA Guidelines. Section 15162 provides that when a negative declaration has been adopted for a project, no subsequent negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: FINDINGS PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES. (1) Substantial changes are proposed in the project which would require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Finding (1): Only minor modifications to the project have been made, and there are no new, previously unidentified impacts such that a subsequent EIR or Mitigated Negative Declaration is required. An updated Traffic Analysis has been provided, and shows that the revisions reduce the impact of the project. In addition, Average Daily Trips (ADT) are reduced by the project revisions compared with the existing land uses and zoning designations on the subject project, thereby reducing traffic impacts. This approval involves relocation of the proposed park to the center of the project site and includes minor revisions to the proposed land uses and zone districts. However, the proposed park remains similarly sized to the park contemplated in the previous assessment and the nature of the project as a whole remains the same. This approval also proposes revisions to the land use designation and zone district configurations, however the project still provides a balance of residential, commercial and public uses consistent with the original intent. In addition, the overall intensity of the project remains the same and no new significant effects are generated by the revisions Addendum to a Mitigated Negative Declaration Environmental Assessment No. A-17-007/R-17-010/TPM-17-06/ANX-17-005 Date: 1/13/2020 3 | Page (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or, Finding (2): There have been no substantial changes to the surrounding area or project site which would otherwise affect the circumstances under which the project is undertaken. Since the Mitigated Negative Declaration has been adopted, development hasn’t occurred within a half mile of the project area, which leaves the circumstances the same. The severity of environmental issues identified in the Mitigated Negative Declaration has not increased since the preparation of the initial study, and refinements are being made to the project such that the previous mitigation measures are sufficient. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Negative Declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous negative declaration; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; and, (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous negative declaration, would substantially reduce one or more significant effects on the environment. Finding (3): The addendum does not identify new information regarding significant effects not previously discussed in the Mitigated Negative Declaration, and potential effects previously examined are not substantially more severe than originally discussed. No mitigation measures which were previously identified have been found infeasible, nor has it been determined that identified mitigations measures would not substantially reduce significant effects of the project. No mitigation measures have been added or modified, or are they considerably different from those analyzed in the previous Mitigated Negative Declaration. This project is primarily minor revisions to the previous project, and does not change or affect the previous findings of the Mitigated Negative Declaration. Therefore, no new information identifies significant or substantially more severe effects than originally discussed. ADDENDUM PREPARED BY: Rodney L. Horton, Planner III SUBMITTED BY: Margo Lerwill, Supervising Planner CITY OF FRESNO PLANNING AND DEVELOPMENT DEPARTMENT DATE: 1/13/2020 1 DEVELOPMENT AGREEMENT This Development Agreement (the Agreement) is made this ___ day of ______________, 2020, by and between the CITY OF FRESNO, a municipal corporation, (the City) and 2500 MLK, LLC, a California limited liability company (the Master Developer). City and Master Developer are hereinafter sometimes collectively referred to as the "Parties" and each may be referred to as a "Party". RECITALS A. Pursuant to Sections 65864 through 65869.5 of the California Government Code (the Development Agreement Laws), the City is authorized to enter into binding development agreements with Persons (as hereinafter defined) having legal or equitable interest in real property for the development of such real property. As a Charter City, the City may not be limited to the Development Agreement Laws to enter into development agreements. Nevertheless, the City has elected to enter this Agreement under the Development Agreement Laws and in accordance with Fresno Municipal Code Sections 15-6001 et seq. B. Master Developer owns the real property legally described on attached Exhibit A-1, which is referred to herein as the "Master Developer Property", and comprises an area that is approximately 89.68 gross acres within the West Creek Village Project Area described below. C. Master Developer conveyed to State Center Community College District (SCCCD) the real property described on Exhibit A-2, referred to herein as the Fresno City College-West Fresno Satellite Parcel. D. The property described on Exhibits A-1 and A-2 is referred to herein collectively as the West Creek Village Project Area (formerly known as the MLK Activity Center Project Area). The West Creek Village Project Area is an approximately 115 acre area in the City, bounded generally by Martin Luther King Blvd. on the east, East Church Avenue on the north, South Knight Avenue on the west, and East Jensen Avenue on the south. E. The following entitlements (the Prior West Creek Village Approvals) were previously adopted by the City in connection with the planning of a West Creek Village Project Area for the development of a master planned project comprising Medium Density Residential for 54.48 acres, Community Commercial for 2.4 acres, Regional Commercial for 22.52 acres, Park for 9.63 acres and Public Facility - College designation for 26.55 acres: (i) Plan Amendment No. A-17-007 (Resolution No. 2017- 231); (ii) Prezone Application No. R-17-010 (Ordinance No. 2017-43/Bill No. B-43); and, (iii) Tentative Parcel Map No. TPM-17-06 (Resolution No. 2017-232). F. The Prior West Creek Village Approvals were approved by the Fresno City Council on August 24, 2017, at a duly noticed public meeting and after due review and consideration of: (i) the report of City staff on the Prior West Creek Village Approvals; (ii) 2 the recommendations of the Planning Commission; (iii) all other evidence heard and submitted at the duly noticed public hearing conducted August 24, 2017; and, (iv) all other appropriate documentation and circumstances, subject to the express conditions of approval set forth therein. G. The Prior West Creek Village Approvals were further supported by the approval of MND (EA No. A-17-007/R-17-010/TPM-17-06/ANX-17-005) pursuant to the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 e seq.) and the Guidelines thereunder (14 California Code of Regulations Section 15000, et seq.) (collectively, CEQA). A Notice of Determination in support of that MND was filed with, and posted by, the Fresno County Clerk on August 25, 2017. H. The West Creek Village Project Area was annexed to the City pursuant to proceedings conducted by the Fresno Local Agency Formation Commission, pursuant to the Jensen-Martin Luther King No. 4 Reorganization (LAFCO File No. R0-17-7). I. Among the Conditions of Approval imposed by the City for the approval of Tentative Parcel Map No. TPM-17-06 (the Parcel Map COA(s) is a requirement that the Master Developer enter into a Development Agreement with the City. This Development Agreement satisfies that Parcel Map COA. J. Development of public improvements within the boundary of the West Creek Village Project Area is the subject of funding to be obtained through the City of Fresno pursuant to Transformative Climate Communities (TCC) Program established by Assembly Bill (AB) 2722, administered by the Strategic Growth Council (SGC); namely, (i) a $4,500,000.00 funding request for development of a Park Amenity (defined below), and, (ii) a $16,900,000.00 funding request for development of the Fresno City College– West Fresno Satellite Project (collectively, the TCC Project Funds). The TCC Project Funds were sought pursuant to applications the City filed as the lead applicant with the SGC. To attain TCC Project Funds, the City committed to a match of such funds by developing the Perimeter Off-Sites (defined below), which the City estimated to the SGC would require expenditures by the City in the amount of $11,600,000.00. K. Subsequent to attaining the Prior West Creek Village Approvals, Master Developer engaged an architect and land planner to the entitlements for the Prior West Creek Village Approvals, and to recommend certain refinements and enhancements to such entitlements. Those evaluations resulted in the West Creek Village Master Plan, a copy of which is on file with the City. L. To implement the West Creek Village Master Plan, Master Developer has filed new applications to implement desired revisions to the Prior West Creek Village Approvals, which are detailed below (the "Subsequent Approvals"): (i) Plan Amendment Application No. P18-03290; and, (ii) Rezone application No. P18-03290. 3 M. The Subsequent Approvals establish the following land use designations for the Master Developer's Property (referenced acreages are gross acres): Community Park for 11.74 acres; Medium High Density Residential, for 21.32 acres; Medium Density Residential for 26.58 acres; Community Commercial for 3.08 acres; and, Regional Commercial for 26.96 acres. N. The Subsequent Approvals further establish the following zone districts for the Master Developer's Property (referenced acreages are gross acres): PR for 11.74 acres; RM-1 Residential Multi Family, for 21.32 acres; RS-5 Residential Single Family for 26.58 acres; CC - Community Commercial for 3.08 acres; and, CR Regional Commercial for 26.96 acres. O. The West Creek Village Project means the development of Master Developer's Property consistent with the land uses and zonings designated in the Prior West Creek Village Approvals, as revised by the Subsequent Approvals. The Prior West Creek Village Approvals, as revised by the Subsequent Approvals, are referred to herein as the West Creek Village Approvals. (i) Master Developer has filed an additional application consistent with the Subsequent Approvals to amend the previous Tentative Parcel Map No. TPM-17-06. This application, Tentative Parcel Map Application No. 2019-02 will be assessed pursuant to CEQA and processed consistent with the procedures set forth in the Fresno Municipal Code and this Agreement subsequent to any action on the Subsequent Approvals and this Agreement. P. The West Creek Village Project is a vital tool for implementing the objectives and policies of the Southwest Fresno Specific Plan, adopted by Council on October 26, 2017. Specifically, it directly implements Policy LU-1. 1 which calls for the establishment of a magnet core at the West Creek Village Project Site designed to attract a significant amount of new development. It implements Goal LU-5 which calls for a diverse range of housing types in Southwest Fresno, preserving Southwest Fresno’s character as a primarily single-family residential community while providing higher-density housing in high activity areas. Through the commercial portions of the West Creek Village Project, it implements Policy LU-6. 1 which calls for encouragement of larger regional retail development at key locations, including the West Creek Village Project Site. Through the inclusion of the Park Amenity, it directly implements Goal PF-2 of increasing the overall amount of usable parkland within Southwest Fresno by adding a new park over 11 gross acres. It directly implements Policy PF-6. 3 by facilitating a new community college campus within the West Creek Village Project Area. By implementing these vital goals and policies in the Southwest Fresno Specific Plan, the West Creek Village Project provides substantial benefit to the City and its residents. Q. Master Developer filed the DA Application for approval of this Agreement in order to: (1) vest the land use and zoning policies established in the Existing City Requirements (as hereinafter defined) as of the Adoption Date (as hereinafter defined) 4 of this Agreement for the duration of the Term (as hereinafter defined) with respect to the West Creek Village Project; and, (2) memorialize certain other agreements made between the City and Master Developer with respect to the West Creek Village Project Area. The City and Master Developer acknowledge the development and construction of the West Creek Village Project is a large-scale undertaking involving major investments by Master Developer, with development occurring over a period of years. Certainty that the West Creek Village Project can be developed and used in accordance with the Existing City Requirements as of the Adoption Date of this Agreement, will benefit the City and Master Developer and will provide the Parties certainty with respect to implementation of the policies set forth in the Fresno General Plan, the Southwest Fresno Specific Plan, and the Existing City Requirements. R. On February 5, 2020, at a duly noticed public meeting and after due review and consideration of: (i) the report of City staff on the Subsequent Approvals and this Development Agreement; (ii) all other evidence heard and submitted at the public hearing; and, (iii) all other appropriate documentation and circumstances, the Planning Commission of the City adopted resolutions recommending the City Council: (1) approve an Addendum to the MND on the basis that the Subsequent Approvals and this Agreement necessitate some changes and additions to the project pursuant to CEQA Guidelines Section 15164, but none of the conditions described in CEQA Guidelines Section 15162 calling for a further negative declaration (or an EIR) have occurred; (2) approve Plan Amendment No. P18-03290 /Rezone No. P18-03290; and, (3) adopt this Development Agreement; and, (4) approve the filing of a Notice of Determination to confirm that the adoption of this Development Agreement is in furtherance of the project described in the Addendum to the MND. S. On ___________________________, at a duly noticed public meeting and after due review and consideration of: (i) the Subsequent Approvals; (ii) this Agreement; (iii) the recommendations of the Planning Commission; (iv) all other evidence heard and submitted at the duly noticed public hearing conducted and closed on ______________________; and, (v) all other appropriate documentation and circumstances, the City Council: (a) adopted a resolution approving an Addendum to the MND on the basis that the Subsequent Approvals and this Agreement necessitate some changes and additions to the project pursuant to CEQA Guidelines Section 15164, but none of the conditions described in CEQA Guidelines Section 15162 calling for a further negative declaration (or an EIR) have occurred, (b) adopted Resolution No.___ approving Plan Amendment No. P18-03290; (c) adopted Ordinance No.___ approving Rezone No.____P18-03290; (d) introduced and subsequently on ___________________________, adopted an ordinance to approve this Agreement; and, (e) authorized the City Manager to finalize and execute this Agreement on behalf of the City (collectively, the City Council Resolutions and Ordinances) consistent with Council action; and, (f) directed City Staff to file a Notice of Determination to confirm that the adoption of this Development Agreement is in furtherance of the project described in the Addendum to the MND. 5 T. The City has determined this Agreement furthers the public health, safety, and general welfare, and the provisions of this Agreement are consistent with the goals and policies of the Fresno General Plan and the Southwest Fresno Specific Plan. For the reasons recited herein, the City and Master Developer have determined the West Creek Village Project is a development for which this Agreement is appropriate. This Agreement will eliminate uncertainty regarding the West Creek Village Project and certain subsequent development approvals, thereby encouraging planning for, investment in and commitment to use and develop the West Creek Village Project Area. Continued use and development of the West Creek Village Project Area is anticipated to, in turn, provide the following substantial benefits and contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement Laws were enacted: (1) Provide for the development of unused land; (2) Provide increased tax revenues for the City; (3) Provide for jobs and economic development in the City; (4) Provide infrastructure improvements; (5) Meet the goals of the Fresno General Plan and the Southwest Fresno Specific Plan to create Complete Neighborhoods that will reduce vehicle trips and serve all segments of the City; and, (6) implement important projects associated with the City’s intended investment of TCC Project Funds. It is based upon these benefits to the City that the City is agreeable to approval of this Agreement for the West Creek Village Project. U. The City has further determined it is appropriate to enter into this Agreement to: (1) provide certainty to encourage investment in the comprehensive development and planning of the West Creek Village Project; (2) secure orderly development and progressive fiscal benefits for public services, improvements and facilities planning for the West Creek Village Project Area and neighboring areas; and, (3) fulfill and implement adopted City plans, goals, policies and objectives. V. This Agreement will survive beyond the term or terms of the present City Council. NOW, THEREFORE, with reference to the above Recitals, and in consideration of the mutual covenants and agreements contained in this Agreement, the City and the Master Developer agree as follows: AGREEMENT ARTICLE 1. INTERESTS OF MASTER DEVELOPER Section 1.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below: “The Fresno City College-West Fresno Satellite Parcel” means that certain unimproved real property consisting of approximately 26.06 gross acres of land described on Exhibit A-2 and illustrated on Exhibit C. “The Park Amenity Site” means that certain unimproved real property, consisting of approximately 10.00 gross acres to be conveyed to the City 6 pursuant to Section 6.1 and to be developed by the City with the Park Amenity. The presently intended area of the Park Amenity Site, as reflected by the Minor Amendments, is illustrated on Exhibit C. “The Church Avenue Commercial Site” means that certain unimproved real property, consisting of approximately 3.08 gross acres illustrated on Exhibit C. “The Jensen Avenue Commercial Site” means that certain unimproved real property, consisting of approximately 26.93 gross acres illustrated on Exhibit C. “The West Creek Village Residential Property” means that certain unimproved real property consisting of approximately 47.92 gross acres that are delineated as Medium High Density Residential or Medium Density Residential, on Exhibit C. Section 1.2 Recordation of Agreement. Within ten (10) business days following mutual execution of this Agreement by the City and Master Developer, the City shall cause this Agreement to be recorded in the official records of Fresno County, California (the Official Records) with respect to Master Developer’s Property described on Exhibit A-1. Following the recordation of this Agreement in the Official Records, the City shall deliver to Master Developer a conformed copy of this Agreement evidencing the recording information. Section 1.3 Binding Covenants. The Master Developer represents that it has a legal or equitable interest in the Master Developer’s Property and all other persons holding legal title in the Master Developer’s Property are bound by this Agreement. It is intended and determined that the provisions of this Agreement shall constitute covenants that shall run with the Master Developer’s Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties. ARTICLE 2. TERM OF AGREEMENT Section 2.1 Definitions. For purposes of this Agreement, the following shall have the meanings set forth below: "Adoption Date" means the date on which the City Council adopted the ordinance approving this Agreement and authorizing the City Manager to execute this Agreement on behalf of the City. "Effective Date" means the later of: (a) thirty days after the Adoption Date; or, (b) if a referendum petition is timely and duly circulated and filed with respect to this Agreement, the date the election results on the ballot measure by City voters approving this Agreement are certified by the City Council in the manner provided in the Elections Code. 7 "Laws" means the Constitution and laws of the State, the Constitution of the United States, and any codes, statutes, regulations, or executive mandates thereunder, and any court decision, State or federal, thereunder. "State" means the State of California. "Terminate" means the expiration of the Term of this Agreement, whether by the passage of time or by any earlier occurrence pursuant to any provision of this Agreement. The term "Terminate" includes any grammatical variant thereof, including "Termination" or "Terminated". Section 2.2 Term. The term of this Agreement (the Term) shall commence on the Effective Date and shall continue for a period of ten (10) years following the Effective Date; provided that such period shall be extended for any events of Force Majeure pursuant to Section 13.1 and during the pendency of any legal action challenging: (a) approval of this Agreement; (b) the finding of the City Council that this Agreement is a project in furtherance of the project evaluated in the MND; or, (c) the approval of the Future Discretionary Approvals defined below in section 3.4. Any extension based upon an event described in this Section 2.2 shall be granted pursuant to the procedures set forth Section 13.2. Master Developer shall also have the option to extend the Term for one additional period of ten (10) years, upon written request to the City Manager, the approval of which shall be processed in a timely manner and shall not be unreasonably withheld. Master Developer shall also have the option to thereafter subsequently extend the Term for one additional period of five (5) years, upon written request to the City Manager, the approval of which shall be processed in a timely manner and shall not be unreasonably withheld. If Master Developer chooses to extend the term pursuant to either of the preceding sentences, then the fees applicable to any development conducted during the Term of such extension shall be based upon the Master Fee Schedule and Fresno Municipal Code in effect at the time the extension is approved (except for such fees that may be otherwise vested pursuant to a Subsequent Map). Section 2.3 Effect of Termination. Termination of this Agreement shall not: (a) alter, impair or otherwise affect any City Permits for the Master Developer’s Property issued by the City prior to the date of Termination; or, (b) prevent, impair or delay Master Developer from (i) commencing, performing or completing the construction of any buildings or improvements in the Master Developer’s Property or, (ii) obtaining any certificates of occupancy or similar approvals from the City for the use and occupancy of completed buildings or improvements in the Master Developer’s Property, that were authorized pursuant to City Permits for such construction issued by the City prior to the date of Termination. Nothing herein shall preclude the City, in its discretion, from taking any action authorized by Laws or Existing City Requirements to prevent, stop or correct any violation of Laws or Existing City Requirements occurring before, during or after construction of the buildings and improvements on the Master Developer’s Property. 8 ARTICLE 3. DEVELOPMENT OF THE PROJECT Section 3.1 For purposes of this Agreement, the following shall have the meanings set forth below: "Applicable Rules" collectively means: (a) the terms and conditions of the West Creek Village Approvals, as amended by this Agreement; (b) the terms and conditions of this Agreement; and, (c) the Existing City Requirements. In addition, with respect to the Amended Tentative Parcel Map and all Subsequent Maps, such maps shall comply with all applicable requirements of Government Code Section 66473.7. "City Agency" means any office, board, commission, department, division or agency of the City. "City Permits" collectively means any and all permits or approvals that are required under the City Requirements in order to develop, use and operate the Master Developer’s Property, other than: (a) Subsequent Maps; and, (b) Future Discretionary Approvals (as defined below) that the Master Developer may elect to obtain from the City pursuant to Section 3.4. "City Permits" specifically include, without limitation, building permits and Technical City Permits. "City Requirements" collectively means all of the following that are in effect from time to time: (a) the Charter of the City of Fresno; (b) the Fresno Municipal Code; and, (c) all rules, regulations and official plans and policies, including the Fresno General Plan and the Southwest Fresno Specific Plan governing development, subdivision and zoning. The City Requirements include, without limitation, requirements governing building height, maximum floor area, permitted and conditionally permitted uses, floor area ratios, maximum lot coverage, building setbacks and stepbacks, parking, signage, landscaping, Exactions (as hereinafter defined) and dedications, growth management, environmental consideration, grading, and construction. "Master Developer Approved Changes" means those amendments, revisions or additions to the City Requirements adopted or enacted after the Adoption Date that: (a) Master Developer elects, in its sole discretion, to have applied to the development and occupancy of the Master Developer’s Property (or a portion thereof) during the Term of this Agreement; and (b) the Director approves such application, which approval shall not be unreasonably withheld. "Existing City Requirements" means the City Requirements that are in effect as of the Adoption Date of this Agreement. “Final Map” means a Final Parcel Map or a Final Subsequent Map. 9 "Permitted Rules Revisions" collectively means the following: (a) any Minor Changes to this Agreement that are proposed by Master Developer and approved by the City in accordance with Section 3.3; (b) any Future Discretionary Approvals applied for by Master Developer and approved by the City pursuant to Section 3.4; (c) any Authorized Code Revisions under Section 3.5 that are uniformly applied on a City-wide basis; and (d) written amendments to this Agreement mutually executed by City and Master Developer pursuant to Section 16.2. "Director" means the Director of the Development and Resources Management Department of the City of Fresno. "Subdivision Maps" means Vesting Tentative Subdivision Maps, Tentative Subdivision Maps, and Final Subdivision Maps, as those terms are defined in the Subdivision Map Act (Government Code Section 66410 et seq). "Technical City Permits" collectively means any of the following technical permits issued by the City or any City Agency in connection with any building or improvement of Master Developer’s Property: (a) demolition, excavation and grading permits; (b) foundation permits; (c) permits for the installation of underground lines and facilities for utilities, including without limitation, water, sewer, storm drain and dry utilities (electrical, gas, phone and cable); (d) any encroachment permits; and, (e) any street improvement permits, including without limitation, permits for street lighting and traffic signals. "Technical City Permits" specifically excludes building permits from the City or any City Agency for the construction of particular buildings or improvements of Master Developer’s Property. Section 3.2 Applicable Rules. (a) Except for the Permitted Rules Revisions and any Master Developer Approved Changes, Master Developer shall have the right to develop and occupy the Master Developer’s Property during the Term in accordance with the Applicable Rules. In the event of any conflict between the provisions in this Agreement, the West Creek Village Approvals and the Existing City Requirements, such conflict shall be resolved in the following order of priority: (a) first, this Agreement; (b) then, the West Creek Village Approvals; and (c) finally, the Existing City Requirements. (b) Except for the Permitted Rules Revisions and any Master Developer Approved Changes, no amendment to, revision of, or addition to any of the City Requirements that is adopted or enacted after the Adoption Date shall (i) be effective or enforceable by the City with respect to the Master Developer’s Property or (ii) modify or impair the rights of Master Developer under this Agreement during the Term without the Master Developer's written approval, whether such amendment, revision or addition is adopted or approved by: (a) the City Council; (b) any City Agency; or (c) by the people of the City through charter amendment, referendum or initiative measure. 10 Section 3.3 Minor Changes. (a) The Parties acknowledge further planning and development of the Master Developer’s Property may demonstrate refinements and changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire that Master Developer retain a certain degree of flexibility with respect to the details of the development of the Master Developer’s Property and with respect to those items covered in general terms under this Agreement, pursuant to the authorities established by Fresno Municipal Code Section 15-6009-B. Therefore, if and when Master Developer finds that Minor Changes (as hereinafter defined) are necessary or appropriate, then, upon written request by Master Developer, the Parties shall, unless otherwise required by Laws, effectuate such changes or adjustments through administrative amendments executed by the Master Developer and the City Manager or his or her designee, which, after execution, shall be attached hereto as addenda and become a part hereof; and may be further changed and amended from time to time as necessary, with approval by the City Manager and the Master Developer. (b) The term "Minor Changes" collectively means: (a) minor deviations to the West Creek Village Approvals that are permitted under the Existing City Requirements and are reasonably approved by the Director; (b) changes or modifications to Amended Tentative Parcel Map No. TPM-17-06 that are implemented by Master Developer prior to recordation by Master Developer of the final parcel map associated with Amended Tentative Parcel Map No. TPM-17-06 (the West Creek Village Parcel Map) in the Official Records, provided that: (i) the total number of Permitted Parcels established by the West Creek Village Parcel Map does not exceed four Parcels plus one remainder parcel; and, (ii) the changes and modifications are approved by the Director, which approval shall not be unreasonably withheld or denied. (c) In effecting any Minor Changes, the City shall cooperate with the Master Developer, provided the aggregate total density and intensity of the Master Developer’s Property are not increased, the permitted uses are not modified from those in the West Creek Village Approvals and any changes are in accordance with the Existing City Requirements. Minor Changes shall not be deemed an amendment to this Agreement under California Government Code Section 65868 but are ministerial clarifications and adjustments, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the Planning Commission and City Council. All changes not considered Minor Changes will be considered Major Changes and shall require Council approval. Any amendment or change requiring a subsequent or supplemental environmental impact report pursuant to CEQA shall not be considered a Minor Change, but shall be considered a substantive amendment that shall be reviewed and approved by the Planning Commission or the City Council as determined by the applicable provisions of the Fresno Municipal Code relating to the hearing and approval procedures for the specific West Creek Village Approval. 11 Section 3.4 Future Discretionary Approvals. (a) In General. Nothing in this Agreement is intended, should be construed or shall operate to preclude or otherwise impair the rights of Master Developer from applying to the City during the Term of this Agreement for any of the following new approvals with respect to any proposed subdivision, buildings, and improvements in the West Creek Village Project Area (collectively, the Future Discretionary Approvals): (a) any new variance, Development Permit, Conditional Use Permit, Parcel Map, Tract Map or Rezoning, or Plan Amendment that is required under the Existing City Requirements, or desired by Master Developer; and, (b) any other approval (i) which is not otherwise addressed or set forth in this Agreement and (ii) which the Existing City Requirements mandate must be reviewed and approved by the Planning Commission or City Council. The City shall process, review and approve or disapprove any application for a Future Discretionary Approval filed by Master Developer in accordance with the City Requirements then in effect. Master Developer may be required dedicate right of way necessary to improve streets within the West Creek Village Project area as a condition of approval for a Future Discretionary Approval consistent with City Requirements then in effect. Future Discretionary approvals must comply with the requirements of the California Environmental Quality Act (CEQA). The approval by the City of an application by Master Developer for a Future Discretionary Approval shall not require an amendment of this Agreement, unless requested by Master Developer. (b) Consistency with Cortese-Knox-Herztberg Act. Notwithstanding the above, the Parties understand and agree that to the extent modification to parcel boundaries requires rezoning any part of the West Creek Village Project Area, such rezoning shall be processed consistent with the requirements of California Government Code Section 56375(e). Section 3.5 Authorized Code Revisions. This Agreement shall not prevent the City from applying to the development of Master Developer’s Property the following rules, regulations and policies adopted or enacted after the Adoption Date, if uniformly applied on a City-wide basis (collectively, the Authorized Code Revisions): (a) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such changes in procedural regulations do not have the effect of materially interfering with the substantive benefits conferred to Master Developer by this Agreement. (b) Regulations which are not in conflict with this Agreement and which would not, alone or in the aggregate, cause development of the Master Developer’s Property to be materially different, more burdensome, time consuming or expensive. (c) Regulations which are necessary to avoid serious threats to the public health and safety, provided that, to the maximum extent possible, such regulations shall be construed and applied in a manner to preserve the substantive benefits conferred to Master Developer by this Agreement. 12 (d) Mandatory regulations of the State and the United States of America applicable to the Master Developer’s Property, provided that, to the maximum extent possible, such regulations shall be construed and applied in a manner to preserve to the Master Developer the substantive benefits conferred to Master Developer by this Agreement. (e) City Requirements imposing life safety, fire protection, mechanical, electrical and/or building integrity requirements with respect to the design and construction of buildings and improvements, including the then current applicable building codes. Section 3.6 No Obligation to Develop. Nothing in this agreement should be construed nor shall require Master Developer to proceed with the construction of any improvements on the Master Developer’s Property. The decision to proceed or to forbear or delay in proceeding with the implementation or construction on Master Developer’s Property or any building or improvements on Master Developer’s Property shall be in the sole discretion of Master Developer and the failure of Master Developer to proceed with construction on Master Developer’s Property or any such buildings or improvements on Master Developer’s Property shall not: (a) give rise to any rights of the City to terminate this agreement; or, (b) constitute and Event of Default (as hereinafter defined) or give rise to any liability, claim for damages or cause of action against Master Developer. Section 3.7 Hold on Certificate of Occupancy. Except as otherwise provided in this Agreement the City reserves the right to place a hold on the issuance of a Certificate of Occupancy for a building on the Master Developer’s Property in the event the Existing City Requirements or Conditions of Approval with respect to that building have not been substantially completed by Master Developer or in the interest of preserving health and safety as reasonably determined by the Director. Section 3.8 Final Map. Pursuant to the requirements of the Subdivision Map Act and the City's Parcel Map Ordinance, if at the time the Master Developer requests the City approve and record a Final Map for all or some of the parcels delineated in Amended Tentative Parcel Map No. TPM-17-06 or subsequent Subdivision Maps that conform to the uses and densities detailed in Exhibits B and C (the Applicable Parcels), Master Developer has not complied with the applicable conditions of approval for a Final Map, as reasonably determined by the City Engineer, Master Developer shall execute a Subdivision Agreement with respect to the Applicable Parcels, provided that the Subdivision Agreement shall not impose City Development Fees or Exactions beyond those provided for in Section 5.2 and Section 5.4 below, and provided that the obligations of the Master Developer under the Subdivision Agreement shall acknowledge the obligations of the City established in ARTICLE 6 that pertain to the applicable conditions of approval of such Final Map. In addition, any Subdivision Agreement shall not impose security requirements with respect to improvements to be constructed by the City pursuant to ARTICLE 6. 13 Section 3.9 Compliance with West Creek Village Approvals. Master Developer covenants and agrees to comply with all conditions of approval for the West Creek Village Approvals, including compliance with all required mitigation measures set forth in EA No. A-17-007/R-17-010/TPM-17-06/ANX-17-005, except as modified by this Agreement. (a) Density Limitation. Master Developer covenants and agrees to develop Master Developer’s Property within the density limits articulated by the West Creek Village Approvals and shall not exceed the number of residential units which are set forth in those approvals as a total of 481 residential units comprised of 92 single- family detached, 25 single-family attached, 264 multi-family, and 100 lofts over ground floor retail. (i) Notwithstanding Fresno Municipal Code Section 15-310-C relating to density transfers, Master Developer shall not be required to obtain a Planned Development Permit to transfer the number of units per acre for one zone district to another zone district within the West Creek Village Project Area so long as the total residential units do not exceed the limits described in Section 3.9(a), above. (ii) Nothing in this Section shall preclude Master Developer from applying for and seeking approval of an amendment to this Section pursuant to Section 16.2 of this Agreement. However, amendment of this Section shall not be processed as a Minor Change pursuant to Section 3.3. ARTICLE 4. CITY PERMITS AND SUBSEQUENT APPROVALS Section 4.1 Review and Processing of City Permits. Except as otherwise expressly provided in this Agreement or by applicable law, all City Permits required for the construction and development of the Master Developer’s Property and any buildings and improvements thereon which comply with the requirements of the Applicable Rules: (a) shall be issued over-the-counter by the Director or the director of the other applicable City Agency having responsibility for the issuance of such City Permits; (b) shall not require the approval of the Planning Commission, City Council or any other City board or commission; and (c) shall not require a public hearing. Notwithstanding the above, any approval required to be subject to a public hearing or the approval of the Planning Commission, City Council or any other City board or commission by either the Fresno Municipal Code or applicable state or federal law, shall be required to follow the procedures set forth in that applicable law. Section 4.2 Review and Processing of City Permits for Off-Site Improvements. City Permits required for Off-Site Improvements (as hereinafter defined), including, but not limited to, construction plans for the streets, sidewalks, street lighting, median landscaping, sewer lines, water lines, recycled/reclaimed water mains and system and traffic signals, must comply with the requirements of the Applicable Rules; provided the City may impose policies, ordinances and standards in effect at the time the applications for City Permits for the Off-Site Improvements are submitted to the City, if and only if, all 14 of the following conditions are met: (i) such policies, ordinances and standards shall not impose any new City Development Fees (as hereinafter defined) or increase the amount of any City Development Fees for development of Master Developer’s Property over and above the Required Development Fees (as hereinafter defined); (ii) such policies, ordinances and standards shall not impose any Exaction on the Master Developer’s Property other than the Required Exactions (as hereinafter defined); and, (iii) in the reasonable determination of the City Engineer, such policies, ordinances and standards shall not substantially increase the costs to Master Developer of the construction of the Off-Site Improvements or substantially increase the time required by Master Developer for the construction of the Off-Site Improvements. The foregoing provisions shall not be interpreted in a manner to diminish or otherwise affect the obligations of the City to construct Off-Site Improvements established in ARTICLE 6. Section 4.3 Review and Processing of Subsequent Maps and Duration of Subsequent Maps. Except as otherwise expressly provided in this Agreement, for all Subsequent Maps required for the West Creek Village Project which comply with the Vested Uses and the requirements of the Applicable Rules, the City shall endeavor to process and schedule final approval of such applications within the following time frames: where the CEQA compliances are based on: (a) the approved MND or an addendum thereto, ninety (90) days; (b) a subsequent MND or Negative Declaration, one hundred twenty (120) days; and, (c) an EIR, one hundred eighty (180) days. In addition, the term of vesting established by all Subsequent Maps shall be the longer of the Term of this Agreement, or the term of such Subsequent Map as otherwise established by for such Map by the Subdivision Map Act (Government Code Section 66410 et seq). Section 4.4 Duration of City Permits and West Creek Village Approvals. Notwithstanding any provisions in the West Creek Village Approvals, Future Discretionary Approvals, the City Permits, the Existing City Requirements and the Permitted Rules Revisions that may establish earlier expiration dates for the West Creek Village Approvals, Future Discretionary Approvals, or the City Permits, the Parties mutually acknowledge and agree, pursuant to the provisions of California Government Code Sections 66452.6(a) and 65863.9, that any Future Discretionary Approvals and any City Permits for development of Master Developer’s Property shall remain valid and effective throughout the Term. ARTICLE 5. PHASING, EXACTIONS, AND CITY DEVELOPMENT FEES Section 5.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below: "City Application Fees" means fees levied or assessed by the City and any City Agency to review and process applications for City Permits and Future Discretionary Approvals. "City Development Impact Fees" means any and all fees and assessments, other than City Application Fees, charged or required by the City or any City Agency as a condition of, or in connection with, the development of Master Developer’s 15 Property consistent with the West Creek Village Approvals or any City Permits or Future Discretionary Approvals: (a) to defray, offset or otherwise cover the cost of public services, improvements or facilities; or (b) that are imposed for a public purpose. “Park Amenity Site” means the land described in Section 1.1, to be acquired by the City pursuant to 6.1(a). “Park Amenity” means the improvements to be developed as part of the Park Amenity Site, as detailed in Section 6.1 below. "Exaction" means any exactions or mitigation measures, other than the payment of City Development Impact Fees and City Application Fees imposed by the City or any City Agency, as a condition of, or in connection with the development of Master Developer’s Property consistent with the West Creek Village Project or any Future Discretionary Approvals. Exactions includes, without limitation: (a) a requirement for the dedication of any portion of the Master Developer’s Property to the City or any City Agency; (b) an obligation for the construction of any on-site or off-site improvements; (c) an obligation to provide services; or, (d) the requirement to dedicate any easements, rights or privileges with respect to the Master Developer’s Property or any portion thereof to the City or any City Agency. Section 5.2 Exactions (Including Off-Site Improvements). (a) Parcel Map Exactions. All of the Exactions that Master Developer shall be required to perform or cause to be performed in connection with the development, construction, use and occupancy of the Master Developer’s Property pursuant to the requirements of the Amended Tentative Parcel Map No. TPM-17-06, during the term of the Agreement (collectively, the Parcel Map Exactions), and the timing requirements for the performance of such Parcel Map Exactions, are set forth in the Conditions of Approval adopted by the City Council on August 24, 2017 with respect to 2017 Vesting Tentative Parcel Map No. 2017-06, subject to the updated Fire Impact Fees set forth in Council Resolution No. 2019-125 made applicable by the findings set forth in Council Resolution 2019-126. Those Conditions of Approval are incorporated herein by this reference. The Parcel Map Exactions include, without limitation, all Conditions of Approval imposed by the City to fully mitigate adverse impacts resulting from, and reasonably related to, the development of the improvements associated with the West Creek Village Project, all mitigation measures required by EA No. A-17-007/R- 17-101/TPM-17-06/ANX-17-005, a Mitigated Negative Declaration, and the updated Fire Impact Fees set forth in Council Resolution No. 2019-125 made applicable by the findings set forth in Council Resolution 2019-126. A table describing certain exactions and their required timing is referred to generally as the Exactions Table and is attached to this Agreement as Exhibit D. Notwithstanding the foregoing, Master Developer shall not be required to perform those Parcel Map Exactions that are designated in Section 6.1 or Exhibit D to be obligations of the City. In the event of a conflict between this Agreement and Exhibit D, this Agreement shall prevail. 16 (b) Other Exactions. No Off-Site Improvements or other Exactions shall be imposed by the City in connection with the development, construction, use and occupancy of the Master Developer’s Property except pursuant to the application of the Applicable Rules and Existing City Requirements on Future Discretionary Approvals including, but not limited to, Subsequent Maps or subsequent Special Permits (the Required Other Exactions). Notwithstanding any provision in this Agreement to the contrary, if any Future Discretionary Approval provides for uses, densities, or development patterns not contemplated by this Agreement or the West Creek Village Master Plan, which will generate the need for additional exactions related to transportation infrastructure or the installation of utilities, such additional exactions shall be imposed consistent with the Existing City Requirements in place at the time of application. (c) Off-Site Acquisition. City acknowledges and agrees in the event the performance by Master Developer of any off-site improvements listed as a Parcel Map Exactions or a Required Other Exaction (collectively, the Off-Site Improvements) requires construction or installation on land in which neither the City or Master Developer has sufficient legal title or interest to allow such construction or installation to be performed, then: (a) City shall acquire the necessary Required ROW (as hereinafter defined) in accordance with the provisions of this Subsection of this Agreement at the sole cost of Master Developer and, upon such acquisition, the City shall make such Required ROW available to Master Developer for the construction and installation of such Off-Site Improvements; and, (b) provided that Master Developer performs its obligations under this Subsection, Master Developer shall not be required to construct or install such Off-Site Improvements until: (i) City acquires title or interest in such Required ROW sufficient to allow such construction or installation to be performed, and, (ii) City promptly makes such Required ROW available to Master Developer for the construction and improvement of such Off-Site Improvements. The City shall neither postpone nor refuse approval of a Final Map, nor of any City Permits, because Master Developer has failed to construct or install any or all of the Off-Site Improvements if neither Master Developer nor City has sufficient title or interest in the Required ROW to permit such Off- Site Improvements to be constructed or installed so long as Master Developer has provided the improvement security required by the Subdivision Agreement for the such Final Map or, with regard to other City permits has otherwise provided appropriate improvement Security, as determined by the City Engineer, to ensure improvements are constructed once the right-of-way is acquired. The term Required ROW means all land that: (i) is not owned by the City, any City Agency or Master Developer as of the Adoption Date of this Agreement; and, (ii) is necessary for the construction or installation of any Off-Site Improvements pursuant to this Agreement. Required ROW may take the form of easement areas, rights-of-way and other land interests. (d) Construction Standards. All Off-Site Improvements shall be designed and constructed in accordance with the Applicable Rules (subject to any Permitted Rules Revisions). Engineered improvement plans for street improvements, signing, striping, traffic signals, storm drains, sewer and water facilities shall be prepared by a Registered Civil Engineer. Street lighting and traffic signal plans may alternatively be prepared by a Registered Electrical Engineer. Landscaping, planting and irrigation 17 plans for areas within the public right-of-way shall be prepared by a Registered Civil Engineer or Licensed Landscape Architect. Plans shall be submitted for Department of Public Works and Department of Public Utilities review and approval. The Master Developer shall pay all plan check and inspection fees in accordance with the City of Fresno Master Fee Schedule at the time of plan submittal. (e) Prevailing Wages. Master Developer shall: (a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of those works that are public works under California Labor Code Section 1720(a) (unless exempted pursuant to California Labor Code Section 1720(c)) (collectively, the PW Improvements); and, (b) comply with the other applicable provisions of Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Master Developer shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as required by law. During the construction of the Public Work Improvements, Master Developer shall, or shall cause its contractor to, post at the Master Developer’s Property the applicable prevailing rates of per diem wages. Master Developer shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Master Developer, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of the PW Improvements. Master Developer shall also indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City against any claim brought pursuant to California Labor Code Section 1781 for work related to the development of Master Developer’s property under this Agreement. The Parties acknowledge and agree that the City is making no representation that development of Master Developer’s Property is not a public work subject to prevailing wage and that no City employee or representative is authorized to make such a representation. (f) Transfer of Off-Site Improvements. Upon completion by Master Developer of any Off-Site Improvements not to be constructed by the City pursuant to ARTICLE 6, and upon City's acceptance of the work performed, the Off-Site Improvements shall be conveyed and transferred by Master Developer to the City, and the City shall accept the Off-Site Improvements and thereafter assume responsibility for the ownership, operation, repair and maintenance thereof. Section 5.3 City Development Fees. (a) In General. Development of the Master Developer’s Property shall qualify for the incentives provided by the Southwest Revitalization Incentive Program, as adopted by the City on March 21, 2019. The parties acknowledge and agree that pursuant to the Southwest Revitalization Incentive Program, not less than the following reductions in the City Development Impact Fees shall be provided. In addition, the parties acknowledge that the reductions provided by this Section shall not limit or 18 constrain the ability for Master Developer, or other developers, to apply for and obtain additional reductions for other discrete development projects conducted on the Master Developer’s Property. In addition, notwithstanding the below stated minimum reductions, if the time that the Required Development Fee is required to be paid by Developer the amount then charged by the City or the applicable City Agency for the Required Development Impact Fee is less than the amount determined below, the lesser amount shall be charged. For Single Family Residential Projects: 1. Water Capacity Fee Reduced to 50% of the Master Fee Schedule rate on August 24, 2019, plus the annual adjustments permitted by Resolution 2017-99 2. Water Frontage Charge Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 3. Sewer Lateral Charge Reduced to 75% of Master Fee Schedule rate on August 24, 2017, 4. Wastewater Facilities Reduced to 75% of Master Fee Schedule rate on August 24, 2017, 5. Parkland Dedication In-Lieu Fee Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 6. Citywide Park Facility Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 7. Citywide Fire Facilities The Master Fee Schedule rate on August 19, 2019, plus the annual adjustments permitted by Resolution 2017-99. 8. Citywide Police Facility The Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 9. Citywide Regional Street Reduced to 25% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 10. New Growth Street Reduced to 25% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments 19 permitted by Resolution 2017-99. 11. Citywide Traffic Signal Reduced to 25% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. For Multi-Family Residential Projects: 1. Water Capacity Fee Reduced to 50% of the Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 2. Water Frontage Charge Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 3. Sewer Lateral Charge Reduced to 75% of Master Fee Schedule rate on August 24, 2017. 4. Wastewater Facilities Reduced to 75% of Master Fee Schedule rate on August 24, 2017. 5. Parkland Dedication In-Lieu Fee Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 6. Citywide Park Facility Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 7. Citywide Fire Facilities The Master Fee Schedule rate on August 19, 2019, plus the annual adjustments permitted by Resolution 2017-99. 8. Citywide Police Facility The Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 9. Citywide Regional Street Reduced to 25% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 10. New Growth Street Reduced to 25% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 11. Citywide Traffic Signal Reduced to 25% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments 20 permitted by Resolution 2017-99. For Commercial/Retail Projects: 1. Water Capacity Fee Reduced to 50% of the Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 2. Water Frontage Charge Reduced to 75% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 3. Sewer Lateral Charge Reduced to 75% of Master Fee Schedule rate on August 24, 2017. 4. Wastewater Facilities Reduced to 75% of Master Fee Schedule rate on August 24, 2017. 5. Parkland Dedication In-Lieu Fee Not Applicable 6. Citywide Park Facility Not Applicable 7. Citywide Fire Facilities The Master Fee Schedule rate on August 19, 2019, plus the annual adjustments permitted by Resolution 2017-99. 8. Citywide Police Facility The Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 9. Citywide Regional Street Reduced to 60% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 10. New Growth Street Reduced to 60% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. 11. Citywide Traffic Signal Reduced to 60% of Master Fee Schedule rate on August 24, 2017, plus the annual adjustments permitted by Resolution 2017-99. With the exception of the Fire Impact Fee, as set forth at the end of this paragraph, any City Development Impact Fees or other Exactions not specifically stated above, shall be the lesser of: (i) the City Development Impact Fees then charged when the application for the Vesting Tentative Parcel Map No. 2017-06 was determined to be complete pursuant to Government Code Section 65349, which the Parties agree was August 24, 21 2017 (plus the annual adjustments permitted by Resolution No. 2017-99); or, (ii) the amount then charged by the City or the applicable City Agency for the City Development Impact Fees at the time that the Required Development Fee is required to be paid by Developer. Notwithstanding the above, Master Developer shall pay the updated Fire Impact Fees set forth in Council Resolution No. 2019-125 made applicable by the findings set forth in Council Resolution 2019-126 For convenience of reference, the City Development Fees rate on August 24, 2017, as well as the timing of payment, are listed on Exhibit E to this Agreement. Resolution No. 2017-99 provides that City Development Impact Fees are subject to annual adjustment every July 1, beginning July 1, 2019, based on the 20-City Construction Cost Index as reported in the Engineering News Record for the 12-month period ending in May of the year of adjustment (b) Limitation on Additional City Development Impact Fees. Except for the City Development Impact Fees described in subsection (a) above, no City Development Impact Fees shall be imposed by the City or any City Agency during the Term of this Agreement in connection with: (i) the development, construction, use or occupancy of the Master Developer’s Property; or, (ii) any application filed for any City Permit for the development, construction, use or occupancy of the Master Developer’s Property. Notwithstanding any provision in this Agreement to the contrary, if any Future Discretionary Approval provides for uses, densities, or development patterns not contemplated by this Agreement or the West Creek Village Master Plan that will generate the need for additional City Development Impact Fees to defray, offset, or otherwise cover the cost of public services, improvements, or facilities, such additional City Development Impact Fees shall be imposed consistent with the Existing City Requirements in place at the time of application. (c) Community Facilities District for Funding Services. Master Developer covenants and agrees that, as a condition to the issuance of an Occupancy permit for the development of a relevant portion of the Master Developer's Property, Master Developer shall have coordinated to assure either of the following: (i) The West Creek Village shall be annexed into Community Facilities District No. 9 for multi-family and commercial uses, and Community Facilities Districts No. 11 for single family residential uses (collectively “CFD Annexations”). The CFD Annexations shall be for the continued maintenance of the Park Amenity and may be utilized for additional landscape maintenance on public property within the Master Developer’s Property. The City and Master Developer agree to consider the feasibility of the Master Developer or its assignee maintaining the CFD area through a CFD Maintenance Agreement; or, (ii) the Master Developer shall establish a stand-alone Community Facilities District, whose improvements may be maintained pursuant to service agreements arranged by the Master Developer, and which shall be guaranteed by service maintenance agreements. It is further the intent that any stand-alone CFD Community Facilities District that is formed may, at the election of Master Developer, provide for enhanced security and enhanced program activities, to benefit the Park Amenity. 22 (d) Non-City Fees. Notwithstanding the provisions of Section 5.3(a), Master Developer shall be responsible for paying: (a) any fees Master Developer is obligated to directly pay to any Federal, State, County or local agency (other than any City Agency) under applicable Federal, State, County or local law; and, (b) any fees the City is legally required to collect for other State or Federal agencies pursuant to: (i) State or Federal law or (ii) any City agreement or City ordinance the City is legally mandated or required to adopt or enter into to comply with State or Federal law or a judgment of a court of law, but only to the extent necessary to satisfy such compliance. (e) Quimby Act Requirements. The Parties agree that the Master Developer shall have no obligation for the dedication of land to comply with any requirements of Fresno Municipal Code Section 14-4.705 or Fresno Municipal Code Section 15-3701. Master Developer shall nevertheless remain obligated to pay the Parkland Dedication In-Lieu Fee described in Fresno Municipal Code Section 14-4.705 or Fresno Municipal Code Section 15-3701 for development of the West Creek Village Project, subject, however, to the reduction in such fees provided by the Southwest Revitalization Incentive Program described in Section 5.3(a) above. In addition, the parties agree that the Park Amenity acreage constitutes land dedicated for park or recreational purposes pursuant to the dedication requirements set forth in FMC 15-3701- J. Therefore, in determining the amount of any Parkland Dedication In-Lieu Fees, Master Developer shall be given a credit against any liability for payment of Parkland Dedication In-Lieu Fees based on the value of the Park Amenity dedicated by the Master Developer to the City (the "Parkland In-Lieu Fee Credits"), determined in accordance with the following: one-half of the product of the gross acreage of the Park Amenity multiplied by the per acre value of the gross acres of the Park Amenity determined by the appraisal described in Section 6.1(a) below. Master Developer may assign rights to use of the Parkland In-Lieu Fee Credits in accordance with the provisions of Section 12.2 below. Section 5.4 City Application Fees. Master Developer shall pay to the City the City Application Fees chargeable in accordance with the City's Master Fee Schedule that is in effect at the time the relevant application for a City Permit is made; provided such City Application Fees are uniformly imposed by the City and any City Agency at similar stages of project development on all similar applications for development in the City. Section 5.5 City Preparation Costs. Master Developer has paid the City the sum of $26,530.00 which amount the City has determined to be the reasonable costs to be incurred by the City to negotiate, prepare and execute this Agreement (collectively, the City Preparation Costs). The Master Developer's liability for the city Preparation Costs is capped at the sum of $26,530.00, and the City shall reimburse Master Developer for any unused portion of the previously paid City Preparation Costs (which such unused portion based upon actually consumed staff time and City Attorney time, based upon reasonable imputed hourly rates). Section 5.6 No Impact on City Obligations. The foregoing provisions of this ARTICLE 5 shall not be interpreted in a manner to diminish or otherwise affect the obligations of the City to construct Off-Site Improvements established in ARTICLE 6. 23 Section 5.7 Phasing. Development of the Master Developer Property will include four general components (each a Phase). Notwithstanding such presently intended Phases, any development required or permitted to be conducted by Master Developer detailed below may be conducted in any order of priority, and one or more of such Phases may be developed concurrently with any other Phase (or portion of any Phase): Phase I: Church Avenue Commercial Site: Development of the Church Avenue Commercial Site. Phase II Residential Development: Development of the portions of the West Creek Village Residential Property located to the east of the Park Amenity Site and south or west of the Church Avenue Commercial Site (as delineated on the West Creek Village Master Plan). Phase III Jensen Avenue Commercial Site: Development of the Jensen Avenue Commercial site. Phase IV Residential Development. Development of the portions of the West Creek Village Residential Property located to north of the Elementary School site. ARTICLE 6. ACTIONS BY CITY Section 6.1 Park Amenity (a) Acquisition of the Park Amenity Site. The City shall acquire from Master Developer, and Master Developer shall sell to City, the Park Amenity Site, subject to availability of the TCC Project Funds allocated for the Park Amenity. The entirety of the Park Amenity Site is 10.00 gross acres. The City shall purchase the Park Amenity Site acreage, and Master Developer agrees to accept a cash payment for One Million Dollars ($1,000,000.00), which amount reflects one-half of the value of such acreage established by the Appraisal Report prepared by a California certified general appraiser attached hereto as Exhibit "G". Master Developer further agrees to accept Parkland In-Lieu Fee Credits for the remaining value of the acreage, in the amount of One Million Dollars ($1,000,000.00). City's acquisition of the Park Amenity Site is further subject to the following conditions precedent: (i) The City and Master Developer shall confirm in writing their joint approval of the size and configuration of the Park Amenity Site; (ii) the City shall be in receipt of sufficient TCC Project Funds, or other grant funds sufficient to fund the purchase price of the Park Amenity Site; and, (iii) the City and the Master Developer shall enter into a purchase and sale agreement, consistent with the above terms, and other commercially standard terms, providing for the sale of the Park Amenity Site, free from any consensual monetary encumbrances, pursuant to an escrow established with Fidelity Title Insurance Company as the Escrow Holder, and subject to such other terms and conditions as reasonably required by the Escrow Holder. In addition, the parties acknowledge that a 1.75 acre portion of the Park and Recreation zoned lands within the Master Developer Property is not a part of the Park Amenity Site 24 being sold to the City. It is the intention of the Master Developer to convey such 1.75 acre site to a non-profit entity to develop a Community Administration and Arts Buildings, to be used by such non-profit to implement several community programs and services. (b) Temporary Ponding Basin. (i) Designation of Temporary Ponding Basin Site. To facilitate development of the Park Amenity Site, Master Developer covenants to provide the City a temporary easement for the development of a temporary ponding basin. Such temporary ponding basin may be necessitated by the fact that the Park Amenity Site is planned to be served by future master plan facilities within Fresno Metropolitan Flood Control District (FMFCD) Drainage Area “SS”, per the adopted FMFCD Storm Drainage and Flood Control Master Plan (Exhibit “H”), and the storm drain pipelines have not yet been constructed to Basin “SS”. The site of the temporary easement for the temporary ponding basin (the "Temporary Basin"), shall be located on a portion of the Master Developer Property that shall be designated by Master Developer, in consultations with the City, and shall be on a site that will support the Temporary Basin sized to handle the capacities required for the Park Amenity Site (the "City Required Capacities) and the development of such other portions of the Master Developer Property as the Master Developer shall determine (the "Master Developer's Required Capacities"). (ii) If the site of the temporary ponding basin provided by the Developer is not immediately adjacent to the Park Amenity, then the Developer shall dedicate the necessary easements to the Fresno Metropolitan Flood Control District for the required segments of master plan pipe to convey the storm water to the temporary ponding basin. The Developer shall either construct the FMFCD storm drain pipeline as set forth in the FMFCD master plan, or reimburse the City its actual costs for construction of the pipeline. (iii) Development of Temporary Ponding Basin Use. If Master Developer requires development of the Temporary Basin before there is a need to support the City Required Capacities, it shall design, develop and maintain the Temporary Basin at the designated site, including such portion of the Master Developer's Required Capacities as it may determine and which it may add to from time to time. When the City Required Capacities are required, the City shall design, develop the Temporary Basin, or develop additional capacities to the then existing Temporary Basin, necessary to support the City Required Capacities. Before commencing its development or expansion of the Temporary Basin, the City shall also consult with the Master Developer to determine whether Master Developer desires to coordinate to have any portions of the Master Developer's Required Capacities concurrently designed and developed with the City Required Capacities and City shall include such elements of the Master Developer's Required Capacities in its design and development activities. In that event, Master Developer shall reimburse the City a prorated portion of the costs of the design and development of the Temporary Basin conducted by or on behalf of the City, based on the relative percentages of the City Required Capacities and the portion of the Master Developer's Required Capacities that are included in such City activities. Master Developer shall also retain the right to further develop the Temporary Basin to 25 incorporate any further portions of the Master Developer's Required Capacities that it may require from time to time, which shall be designed and developed at its sole cost and expense. (iv) Maintenance of Temporary Ponding Basin. Until such time as the City constructs the City Required Capacities, Master Developer shall maintain any Temporary Ponding Basin that it initially develops. After City constructs the City Required Capacities, it shall undertake maintenance of the Temporary Ponding Basin. Master Developer shall, on an annual basis, reimburse City for a portion of the maintenance costs reasonably documented by the City, based on the relative percentages of the City Required Capacities and the portion of the Master Developer's Required Capacities that are then incorporated into the Temporary Ponding Basin. (v) Decommissioning of Ponding Basin. At such time as the Temporary Basin is no longer needed due to the FMFCD development of required storm drain pipelines, or the availability of options to support the City's Required Capacities, Master Developer shall provide the City written notice of such circumstance. City shall thereupon, within one year following receipt of such notice, backfill the Temporary Basin to 95% relative compaction, remove any perimeter fencing, and conduct a Phase I environmental survey (and any follow on evaluations or remediation recommended by such Phase I environmental survey) (the "Decommissioning Activities") after which time the temporary easement will be extinguished. Master Developer shall reimburse City for a portion of the Decommissioning Activities reasonably documented by the City, based on the relative percentages of the City Required Capacities and the portion of the Master Developer's Required Capacities that are then incorporated into the Temporary Ponding Basin. (vi) Termination of City Easement. The nonexclusive easement granted to the City to support its use of the Temporary Ponding Basin shall remain in full force and effect until the Decommissioning Activities are completed. (c) Development of the Park Amenity. Upon acquisition of the Park Amenity Site, the City shall commence and diligently pursue development of the Park Amenity subject to the availability of TCC Project Funds associated with the proposed Park Amenity and issued for its construction. The City will make its best effort to secure the match for the development of the Park Amenity, and will submit additional grant applications as available to pursue funding to complete the Park Amenity. The Park Amenity shall be completed not later than the period required to secure and retain TCC Project Funds for the Park Amenity project, but in all events the City shall expend all TCC Project Funds granted for the Park Amenity no later than five (5) years from the date of the grant execution of April 2, 2019. The Park Amenity shall incorporate such amenities as the City shall determine in its reasonable judgment, in cooperative consultation with the Master Developer and community residing in the Southwest Fresno Specific Plan boundaries. In addition, the City shall provide the Master Development the opportunity to have a representative participate in the selection committee that the City engages to conduct an evaluation of architects, engineers and/or planners, selected 26 pursuant to any RFQ process that the City conducts to facilitate any concept plans concerning the design of the Park Amenity. (d) Park Access and Loop Road. The Park Access and Loop Road shall include construction of a local street that connects the Park Amenity Site to Church Avenue and a local street that loops around the perimeter of the Park Amenity Site in the following phases, as illustrated on attached Exhibit F-1, and whose specifications are detailed on attached Exhibit F-2. Master Developer shall dedicate Right of Way to the City sufficient to develop the Park Access and Loop Road at no cost to City. The Right of Way dedication shall be in addition to the Park Amenity Site and shall not be included in calculating the gross acreage of the Park Amenity Site. The first phase of the Park Amenity development shall include construction of a local street that connects the Park Amenity Site to Church Avenue (Initial Phase Park Access Road). A second phase of the Park Access Road (Second Phase Park Access Road) shall be developed by the City, at such time as the Master Developer has commenced construction of either the Phase 1 Church Avenue Commercial Site or the Phase II Residential Development. A third phase of the Park Access Road (Third Phase Park Access Road), which shall complete a loop around the Park Amenity, shall be developed by City at such time as the Master Developer has commenced construction of either the Phase III Jensen Avenue Commercial Site or the Phase IV Residential Development. The Initial Phase Park Access Road construction shall include installation of public utilities, including dry utilities to the site of the Park Amenity. In addition, all phases of the Park Access and Loop Road shall include installation of underground utilities detailed on Exhibit F-2 (including dry utilities), which are intended to provide capacities sufficient to provide services required for the Park Amenity Site and other elements of the intended development of the West Creek Village Project Area. Notwithstanding any of the above, this provision is contingent upon appropriation of funds by City, sufficient for City to complete all phases of the Park Access Road that are the obligation of the City. Should sufficient funds not be appropriated, this provision shall be unenforceable until such time as sufficient funds are appropriate and shall not constitute default or breach on the part of the City. However, the City will make its best efforts to diligently pursue funding in the interests of completing the Park Access Road. In addition, the City Manager shall, in each fiscal period that a phase of the Park Access Road is then intended to be developed, develop and provide to the Mayor, a proposed budget that includes a proposed appropriation of the funds to complete such phase of the Park Access Road. (e) Master Developer's Contribution to Park Amenity. Master Developer covenants that it shall contribute to the City, one-third of the Costs of Completing the Park Access and Loop Road inclusive of all phases, with the remaining two-thirds of the cost contributed by City. For purposes of this Agreement, the Costs of Completing the Park Access Road shall be the actual costs the City incurs in completing such improvements, including installation of wet and dry utilities. The contribution of Master Developer under this provision shall be paid to the City within ninety (90) days of each phase of the Park Access Road, after the City confirms in writing to Master Developer that all improvements detailed for that phase have been completed and accepted by the City, together with documentation reasonably required by the Master Developer to confirm the Costs of Completing the Park Access and Loop Road. Should State Center 27 Community College District (SCCCD) contribute funds toward the cost of completing the Park Access and Loop Road, Master Developer and City’s contributions shall be reduced proportionately, with Master Developer receiving a reduction in contribution obligation of one-third of SCCCD’s contribution and City receiving a reduction in contribution obligation of two-thirds of SCCCD’s contribution. SCCCD’s contribution shall be used to fund future phases of the Park Access and Loop Road. (f) Wet and Dry Utilities. As described in Sections 6.1(d) and 6.1(e), the Park Access Road shall include certain wet and dry utilities. The facilities to be included in the City’s capital improvement project, toward which the Master Developer shall contribute a one-third share of the costs, are as follows: water mains and sewer mains in each street, sized to serve the future development as described in the land use entitlements, including a sewer house branch and water service to the Park Amenity, sewer manholes, water valves and fire hydrants where appropriate; joint trench conduits for PG&E (electric and gas), AT&T telecommunications and cable, sized to serve the future development as described in the land use entitlements, and electrical conductors of sufficient size to serve the Park Amenity. Future obligations to be designed, constructed and paid for exclusively by the Master Developer are as follows: utility services for each lot (i.e. sewer house branches, water services, gas services, electrical and telecommunications), vaults, pedestals, transformers, cable, conductor, valves and any equipment not needed to serve the Park Amenity; and any system upgrades required by the utility companies as part of serving the new development’s application for service. All costs associated with master planning for dry utility infrastructure shall be borne by the Master Developer. (g) Water Supply Requirements. City further covenants and agrees that the improvements it is to conduct in aid of the Park Amenity and the Fresno City College- West Fresno Satellite Project include development of the water supply facilities referenced as items 2 and 3 in the Memorandum dated July 12, 2019 from the City of Fresno Department of Public Utilities to the City of Fresno Development Department, which is included in the Conditions of Approval for Tentative Parcel Map No. TPM-17-06. The City shall commence and diligently pursue development of such water supply facilities concurrent with the development of the Park Amenity as more particularly described in the Exactions Table attached as Exhibit D. The remaining Water Requirements set forth in the July 12, 2019 Department of Public Utilities Memorandum for Water Requirements remain the responsibility of Master Developer, except as modified by this Agreement (including Exhibit D) or to the extent such improvements are included within the work required for the Park Access Road improvements. (h) Sewer Requirements. City further covenants and agrees that the improvements it is to conduct in aid of the Park Amenity and the Fresno City College- West Fresno Satellite Project include development of the sanitary sewer facilities set forth in the Memorandum dated July 12, 2019 from the City of Fresno Department of Public Utilities to the City of Fresno Development Department, which is included in the Conditions of Approval for Tentative Parcel Map No. TPM-17-06; except as modified by this Agreement (including Exhibit D), or to the extent such improvements are included within the work required for the Park Access Road improvements. 28 (i) City Construction of Perimeter Off-Sites. City further covenants and agrees that the improvements it is to conduct in aid of the Park Amenity and the Fresno City College-West Fresno Satellite Project include development of the following off-site improvements: (i) those detailed in Exhibit "A" to the Memorandum dated July 13, 2017 from the City of Fresno Department of Public Works to the City of Fresno Development Department included in the Conditions of Approval for Tentative Parcel Map No. TPM- 17-06; (ii) the Existing Plus Project mitigation/improvements and the Class 1 Trail along the south side of Church Avenue described in the Memorandum dated July 19, 2017 from the City of Fresno Department of Public Works to the City of Fresno Development Department included in the Conditions of Approval for Tentative Parcel map No. TPM- 17-06; (iii) the improvements allocated to the City on Exhibit D, (collectively, the "Perimeter Off-Sites"). Master Developer shall dedicate sufficient Right of Way necessary to construct the Perimeter Off-Sites to City, at no cost to City upon execution of this Agreement. Following receipt and appropriation of funds sufficient to construct the Perimeter Off-Sites, the City shall diligently pursue development of such Perimeter Off- Sites, except for those items that are specifically allocated to Master Developer on Exhibit D. Section 6.2 Community Facilities District for Financing Master Developer Improvements. City acknowledges that Master Developer may desire to pursue a Community Facilities District or an Assessment District for the purpose of funding the construction of public improvements required as a condition of development of Master Developer's Property, or to incorporate additional public improvements to the Park Amenity as may be agreed upon by Master Developer and City. To facilitate the financing of such improvements, the Master Developer may desire to use of the Statewide Community Infrastructure Program (SCIP) established by the California Statewide Communities Development Authority (CSCDA). City will apply to become a SCIP participating agency, on terms and conditions required by CSCDA, to facilitate Master Developer’s access to and use of SCIP financing of such public improvements, provided that the City shall have no duty or obligation for payment of any financings obtained through the SCIP program. Section 6.3 Not In Aid of Private Development. The Parties acknowledge and agree that the construction by the City of the improvements described in, Section 6.1, or Exhibit D, and the use of the TCC Project Funds in support of such improvements, are development of a public project to support the Park Amenity, the Fresno City College- West Fresno Satellite Project and the Perimeter Off-Sites. Such work of improvement is separate from development of Master Developer’s Property. No part of the work that is intended to be done in support of such separate public projects are intended by the Parties as work done in aid of the any elements of the development of the West Creek Village Project to be developed by the Master Developer. All components of the West Creek Village Project to be developed by the Master Developer constitute a private project development that is independent and separate from such public improvements. Section 6.4 Letters of Support for Major Retailers. City will provide such letters of support as Master Developer shall reasonably request on a City approved template, to facilitate the marketing of the West Creek Village Project Area for development (or 29 leasing) by commercial enterprises to provide jobs and improve the extent of services and retail options available to the communities surrounding the West Creek Village Project Area. Section 6.5 Other Governmental Permits. City agrees to cooperate with Master Developer in Master Developer's endeavors to obtain permits and approvals as may be required from other governmental or quasi-governmental agencies having jurisdiction over the West Creek Village Project Area or portions thereof (such as, for example, but not by way of limitation, public utilities or utility districts and agencies having jurisdiction over storm water transportation facilities, annexation and air quality issues) so long as the cooperation by the City will not require the City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefore from Master Developer. Section 6.6 Cooperation in Dealing with Legal Challenge. If any action or other proceeding is instituted by a third party or parties, other governmental entity or official challenging the validity of any provision of this Agreement (collectively, a Third Party Action), the Parties shall cooperate in the defense of the Third Party Action to the maximum extent reasonably possible under the circumstances. The City shall timely take all actions which are necessary or required to uphold the validity and enforceability of this Agreement. The City shall not enter into any settlement with respect to a Third Party Action without the prior written consent of Master Developer. ARTICLE 7. INDEMNITY AND INSURANCE Section 7.1 Indemnification. (a) Third Party Actions. Except as provided in the last two sentences of this Section, to the furthest extent allowed by law, Master Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third Party Action (as hereinafter defined). The term "Third Party Action" collectively means any legal action or other proceeding instituted by: (i) a third party or parties; or, (ii) a governmental body, agency or official other than the City or a City Agency, that: (a) challenges or contests any or all of this Agreement, the West Creek Village Approvals or Subsequent Maps; or, (b) claims or alleges a violation of CEQA or another law in connection with the certification of the Addendum to the MND by the City Council or the grant, issuance or approval by the City of any or all of this Agreement and the West Creek Village Approvals or Subsequent Maps. Master Developer's obligations under this Section 7.1(a) shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or 30 volunteers. The provisions of this Section 7.1(a) shall survive the termination of this Agreement. (b) Damage Claims. The nature and extent of Master Developer's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section 7.1(a) shall be governed by this Section 7.1(b). To the furthest extent allowed by law, Master Developer shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Master Developer or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement by Master Developer, or the performance of any or all work to be done by Master Developer or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of Off-Site Improvements unless and until such Off- Site Improvements are dedicated to and officially accepted by the City). Master Developer's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. (c) If Master Developer should subcontract all or any portion of the services to be performed under this Agreement, Master Developer shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. The Master Developer further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Master Developer, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence or the willful misconduct, of the City or any of its officers, officials, employees, agents or volunteers. (d) Notwithstanding the preceding paragraph, to the extent that Subcontractor is a "design professional" as defined in Section 2782.8 of the California Civil Code and performing work hereunder as a "design professional" shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of; pertain to, or relate to the negligence, recklessness or willful misconduct 31 of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement. (e) This Section 7.1 shall survive termination or expiration of this Agreement. (f) The fact that insurance is obtained by Master Developer and its contractors shall not be deemed to release or diminish the liability of Master Developer, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Master Developer and it’s contractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Master Developer, vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them. Section 7.2 Insurance. Insurance shall be paid for and maintained in full force and effect all policies of insurance described in this section in two phases as set forth in the manner below: (a) Phase 1 Insurance. Prior to the date that the first building permit application is submitted for the construction by Master Developer of any portion of the West Creek Village Project Area, and prior to such time as construction activity is commenced (the Phase 1 Insurance Period), Master Developer shall pay for and maintain in full force and effect all policies of insurance described in this section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by City's Risk Manager. The following policies of insurance are required: (1) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $2,000,000 per occurrence for bodily injury and property damage, $2,000,000 per occurrence for personal and advertising injury, and $2,000,000 aggregate for products and completed operations and $5,000,000 general aggregate applying separately to the work performed under this agreement. 32 (2) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $2,000,000 per accident for bodily injury and property damage. (3) WORKERS' COMPENSATION insurance as required under the California Labor Code. (4) EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 for each employee. (5) In the event Master Developer purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. (6) Master Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Master Developer shall also be responsible for payment of any self-insured retentions. (7) The above-described policies of insurance shall be endorsed to provide an unrestricted thirty-calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy, which shall provide a ten calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Master Developer shall provide a new certificate evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Master Developer shall file with City a new certificate and all applicable endorsements for such policy(ies). (8) The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Master Developer's insurance shall be primary and no contribution shall be required of City. Any General Liability, 33 Automobile Liability, and Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Master Developer shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Master Developer shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. (9) If at any time during the Phase 1 Insurance Period, Master Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or his/her designee, may order that the Master Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Master Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section 7.2 are material terms of this Agreement. (b) Phase 2 Insurance. From the date that a building permit application is submitted for the construction by Master Developer of any portion of the West Creek Village Project Area, until the date of City's final formal acceptance of the such improvements (the Phase 2 Insurance Period), Master Developer shall pay for and maintain in full force and effect all policies of insurance described in this section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by City's Risk Manager. No building permit shall be issued by the City for any portion of the West Creek Village Project Area unless and until the City determines in writing that Master Developer has satisfied the requirement set forth below regarding Phase 2 Insurance. The following Phase 2 policies of insurance are required: (1) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of 34 not less than $5,000,000 per occurrence for bodily injury and property damage, $5,000,000 per occurrence for personal and advertising injury, and $5,000,000 aggregate for products and completed operations and $10,000,000 general aggregate applying separately to the work performed under this agreement. (2) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $5,000,000 per accident for bodily injury and property damage. (3) WORKERS' COMPENSATION insurance as required under the California Labor Code. (4) EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 policy limit and $1,000,000 for each employee. (5) In the event Master Developer purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. (6) Master Developer shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Master Developer shall also be responsible for payment of any self-insured retentions. (7) The above-described policies of insurance shall be endorsed to provide an unrestricted thirty-calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy, which shall provide a ten calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Master Developer shall provide a new certificate evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Master Developer shall file with City a new certificate and all applicable endorsements for such policy(ies). 35 (8) The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Master Developer's insurance shall be primary and no contribution shall be required of City. Any General Liability, Automobile Liability, and Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers. Master Developer shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Master Developer shall furnish City with copies of the actual policies upon the request of City's Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement. (9) If at any time during the Phase 2 Insurance Period, Master Developer fails to maintain the required insurance in full force and effect, the Director of Public Works, or his/her designee, may order that the Master Developer, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Master Developer shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section 7.2 are material terms of this Agreement. (10) If Master Developer should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Master Developer shall require the general contractor to provide indemnity and insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor's certificates and endorsements shall be on file with Master Developer and City prior to the commencement of any work by the general contractor. (11) If the general contractor should subcontract all or a portion of the services or work to be performed under this Agreement to one or more subcontractors, Master Developer shall require the general contractor to require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that each subcontractor shall be 36 required to pay for and maintain Commercial General Liability insurance with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury, $2,000,000 aggregate for products and completed operations and $2,000,000 general aggregate and Commercial Automobile Liability insurance with limits of liability of not less than less than $1,000,000 per accident for bodily injury and property damage. All other terms are required in accordance with the terms of each of the preceding paragraphs, except that subcontractors' certificates and endorsements shall be on file with the general contractor, Master Developer and City prior to the commencement of any work by the subcontractor. Master Developer's failure to comply with these requirements shall constitute an "Event of Default" as that term is defined in Section 10.1. (c) City Manager or designee reserves the right to impose higher insurance limits on elements of the development of the West Creek Village Project in conjunction with conditions established in Subdivision Improvement Agreements adopted by the City for such development, provided such insurance requirements are not more burdensome than those then applied by the City for similar subdivision development. ARTICLE 8. BENEFITS Section 8.1 Benefits to the City. The City has extensively reviewed the terms and conditions of this Agreement and, in particular, has specifically considered and approved the impact and benefits of the West Creek Village upon the regional welfare. The terms and conditions of this Agreement have been found by the City to be fair, just and reasonable, and to provide appropriate benefits to the City. This Agreement and the development of the West Creek Village will serve the best interests, and the public health, safety, and welfare of the residents and invitees, of the City and the general public. This Agreement will help provide effective and efficient development of Off-Site Improvements and other Required Parcel Map Exactions or Required Other Exactions in the vicinity of the West Creek Village Project Area; help maximize effective utilization of resources within the City; increase City tax revenues; and provide other substantial public benefits to the City and its residents by achieving the goals and purposes of the Development Agreement Laws, the Charter of the City of Fresno, the Fresno Municipal Code, the Fresno General Plan (as amended by the Plan Amendments) and the Southwest Fresno Specific Plan (as amended by the proposed Plan Amendments). Without limiting the generality of the foregoing, this Agreement helps assure the timely construction and dedication of the Park Amenity, which is an important amenity in achieving the General Plan and Southwest Fresno Specific Plan goals of a Complete Neighborhood development with respect to the West Creek Village Project Area, and which key objective and policies of the Southwest Fresno Specific Plan. 37 Section 8.2 Benefits to the Master Developer. The Master Developer has expended and will continue to expend substantial amounts of time and money on the planning and development of Master Developer’s Property within the West Creek Village Project Area. In addition, the Master Developer will expend substantial amounts of time and money for the construction of the certain Required Exactions and for the payment of the City Development Impact Fees in connection with the West Creek Village Project. The Master Developer would not make such expenditures except in reliance upon this Agreement. The benefit to the Master Developer under this Agreement consists of the assurance the City will preserve the rights of Master Developer to develop the Master Developer’s Property as planned and as set forth in the West Creek Village Approvals and this Agreement. ARTICLE 9. ANNUAL REVIEW OF COMPLIANCE Section 9.1 Annual Review. City and Master Developer shall annually review this Agreement, and all actions taken pursuant to the terms of this Agreement with respect to the West Creek Village Project in accordance with the provisions of California Government Code Section 65865.1, Fresno Municipal Code Section 15-6008, and this ARTICLE 9. The Parties recognize this Agreement and the West Creek Village Approvals and City Permits referenced herein contain extensive requirements (i.e., construction standards, landscape standards, etc.) and that evidence of each and every requirement would be a wasteful exercise of the Parties' resources. Accordingly, Master Developer shall be deemed to have satisfied its duty of demonstration if it presents evidence satisfactory to the City of its good faith compliance, as that term is used in Government Code, Section 65865.1, with the material provisions of this Agreement. Section 9.2 Master Developer Report. Not later than the first anniversary date of the Effective Date, and not later than each anniversary date of the Effective Date thereafter during the Term, Master Developer shall apply for annual review of this Agreement. Master Developer shall submit with such application a report to the Director describing Master Developer's good faith compliance with the terms of this Agreement during the preceding year (the Master Developer Report). The Master Developer Report shall include a statement that the report is submitted to City pursuant to the requirements of California Government Code Section 65865.1. Section 9.3 Finding of Compliance. Within thirty days after Master Developer submits the Master Developer Report under Section 9.2, the Director shall review Master Developer's submission to ascertain whether Master Developer has demonstrated good faith compliance with the material terms of this Agreement. If the Director finds and determines that Master Developer has in good faith complied with the material terms of this Agreement, or does not determine otherwise within thirty days after delivery of the Master Developer Report, the annual review shall be deemed concluded. If the Director initially determines that the Master Developer Report is inadequate in any respect, he or she shall provide written notice to that effect to Master Developer, and Master Developer may supply such additional information or evidence as may be necessary to demonstrate good faith compliance with the material terms of this Agreement. If the Director 38 concludes that Master Developer has not demonstrated good faith compliance with the material terms of this Agreement, he or she shall so notify Master Developer prior to the expiration of the thirty day period herein specified and prepare a staff report to the City Council with respect to the conclusions of the Director and the contentions of Master Developer with respect thereto (the Staff Report). Section 9.4 Hearing Before City Council to Determine Compliance. After submission of the Staff Report of the Director, the City Council shall conduct a noticed public hearing to determine the good faith compliance by Master Developer with the material terms of this Agreement. At least sixty days prior to such hearing, the Director shall provide to the City Council, Master Developer, and to all other interested Persons requesting the same, copies of the Staff Report and other information concerning Master Developer's good faith compliance with the material terms of this Agreement and the conclusions and recommendations of the Director. At such public hearing, Master Developer and any other interested Person shall be entitled to submit evidence, orally or in writing, and address all the issues raised in the Staff Report on, or with respect or germane to, the issue of Master Developer's good faith compliance with the material terms of this Agreement. If, after receipt of any written or oral response of Master Developer, and after considering all of the evidence at such public hearing, the City Council finds and determines, on the basis of substantial evidence, that Master Developer has not complied in good faith with the material terms of this Agreement, then the City Council shall specify to Master Developer the respects in which Master Developer has failed to comply, and shall also specify a reasonable time for Master Developer to meet the terms of compliance, which time shall be not less than thirty days after the date of the City Council's determination, and shall be reasonably related to the time adequate to bring Master Developer's performance into good faith compliance with the material terms of this Agreement. If the areas of noncompliance specified by the City Council are not corrected within the time limits prescribed by the City Council hereunder, subject to Force Majeure pursuant to Section 13.1, then the City Council may by subsequent noticed public hearing extend the time for compliance for such period as the City Council may determine (with conditions, if the City Council deems appropriate), Terminate or modify this Agreement, or take such other actions as may be specified in the Development Agreement Laws. Any notice to Master Developer of a determination of noncompliance by Master Developer hereunder, or of a failure by Master Developer to perfect the areas of noncompliance hereunder, shall specify in reasonable detail the grounds therefor and all facts demonstrating such noncompliance or failure, so that Master Developer may address the issues raised in the notice of noncompliance or failure on a point-by-point basis in any hearing held by the City Council hereunder. Section 9.5 Meet and Confer Process. If either the Director or the City Council makes a determination that Master Developer has not demonstrated good faith substantial compliance with the material terms of this Agreement, the Director and or designated City Council representatives may initiate a meet and confer process with Master Developer pursuant to which the Parties shall meet and confer in order to determine a resolution acceptable to both Parties of the bases upon which the Director or City Council has determined that Master Developer has not demonstrated good faith substantial compliance with the material terms of this Agreement. If, as a result of such 39 meet and confer process, the Parties agree on a resolution of the bases related to the determination that Master Developer has not demonstrated good faith substantial compliance with the material terms of this Agreement, the results and recommendations of the meet and confer process shall be presented to the City Council for review and consideration at its next regularly scheduled public meeting, including consideration of such amendments to this Agreement as may be necessary or appropriate to effectuate the resolution achieved through such meet and confer process. Master Developer shall be deemed to be in good faith substantial compliance with the material terms of this Agreement, only upon City Council acceptance of the results and recommendations of the meet and confer process. Section 9.6 Certificate of Compliance. If the Director (or the City Council, if applicable) finds good faith substantial compliance by Master Developer with the material terms of this Agreement, the Director shall issue a certificate of compliance within ten days thereafter, certifying Master Developer's good faith compliance with the material terms of this Agreement through the period of the applicable annual review. Such certificate of compliance shall be in recordable form and shall contain such information as may be necessary in order to impart constructive record notice of the finding of good faith compliance hereunder. Master Developer shall have the right to record the certificate of compliance in the Official Records. Section 9.7 Effect of City Council Finding of Noncompliance; Rights of Master Developer. If the City Council determines that Master Developer has not substantially complied in good faith with the material terms of this Agreement pursuant to Section 9.4 and takes any of the actions specified in ARTICLE 10 with respect to such determination of noncompliance, Master Developer shall have the right to contest any such determination of noncompliance by the City Council pursuant to a legal action filed in accordance with Section 16.5. Section 9.8 City Costs. In the event that the Director concludes in its Staff Report pursuant to Section 9.3 of this Agreement, that Master Developer is not in good faith compliance with the material terms of this Agreement, then Master Developer shall reimburse the City for all of the City's reasonable costs, (including but not limited to, staff time, attorney's fees, and administrative costs) incurred in connection with Section 9.4 and Section 9.5 of this Agreement. Pursuant to this section, Master Developer shall remit payment to the City within thirty days of receiving an invoice from the City for its costs. Notwithstanding the foregoing, Master Developer shall have the right to contest any determination by the Director (pursuant to Section 9.4) or the City Council (pursuant to Section 9.7) that Master Developer is not in good faith compliance with the material terms of this Agreement, and if Master Developer prevails in such contest: (a) Master Developer shall have no reimbursement obligation under this Section 9.8; and (b) any monies previously reimbursed by Master Developer to the City pursuant to this Section 9.8 shall be returned to Master Developer by the City within thirty days after the conclusion of the contest. 40 ARTICLE 10. EVENTS OF DEFAULT; REMEDIES; ESTOPPEL CERTIFICATES Section 10.1 Events of Default. (a) The failure by a Party to perform any material term or provision of this Agreement (including but not limited to the failure of a Party to approve a matter or take an action within the applicable time periods governing such performance under this Agreement) shall, subject to the provisions of this Agreement, constitute an "Event of Default", if: (a) such defaulting Party does not cure such failure within thirty days following delivery of a Notice (as hereinafter defined) of default from the other Party (Notice of Default), where such failure is of a nature that can be cured within such thirty day period; or (b) where such failure is not of a nature which can be cured within such thirty day period, the defaulting Party does not within such thirty day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure. Any Notice of Default given hereunder shall specify in reasonable detail the nature of the failures in performance by the defaulting Party and the manner in which such failures of performance may be satisfactorily cured in accordance with the terms and conditions of this Agreement. (b) Any Notice of Default to the defaulting Party pursuant to Section 10.1(a) shall satisfy the requirements of ARTICLE 15 of this Agreement and shall include a provision in at least fourteen point bold type as follows: "YOU HAVE FAILED TIMELY TO PERFORM OR RENDER AN APPROVAL OR TAKE AN ACTION REQUIRED UNDER THE DEVELOPMENT AGREEMENT: [SPECIFY IN DETAIL]. YOUR FAILURE TO COMMENCE TIMELY PERFORMANCE AND COMPLETE SUCH PERFORMANCE AS REQUIRED UNDER THE AGREEMENT OR RENDER SUCH APPROVAL TO TAKE SUCH ACTION WITHIN THIRTY (30) DAYS AFTER THE DATE OF THIS NOTICE SHALL ENTITLE THE UNDERSIGNED TO TAKE ANY ACTION OR EXERCISE ANY RIGHT OR REMEDY TO WHICH IT IS ENTITLED UNDER THE AGREEMENT AS A RESULT OF THE FOREGOING CIRCUMSTANCES. " Section 10.2 Remedies. Upon the occurrence of an Event of Default, each Party shall have the right, in addition to all other rights and remedies available under this Agreement, to: (a) bring any proceeding in the nature of specific performance, injunctive relief or mandamus; and/or, (b) bring any action at law or in equity as may be permitted by laws of the State of California or this Agreement. Section 10.3 Waiver- Remedies Cumulative. Failure by a Party to insist upon the strict or timely performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party in the future. No waiver by a Party of any failure of performance, including an Event of Default, shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omission by a Party to take any action with respect to such failure. No express written waiver shall affect any other action or 41 inaction, or cover any other period of time, other than any action or inaction and/or period of time specified in such express waiver. One or more written waivers under any provision of this Agreement shall not be deemed to be a waiver of any subsequent action or inaction. Nothing in this Agreement shall limit or waive any other right or remedy available to a Party to seek injunctive relief or other expedited judicial and/or administrative relief to prevent irreparable harm. Section 10.4 Estoppel Certificate. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such other Party to certify in writing: (a) that this Agreement is in full force and effect and a binding obligation of the Parties; (b) that this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments; (c) to the knowledge of such other Party, neither Party has committed an Event of Default under this Agreement, or if an Event of Default has to such other Party's knowledge occurred, to describe the nature of any such Event of Default; and (d) such other certifications that may be reasonably requested by the other Party or a Mortgagee (as hereinafter defined). A Party receiving a request hereunder shall execute and return such certificate within twenty days following the receipt thereof; and if a Party fails so to do within such twenty day period, the information in the requesting Party's notice shall conclusively be deemed true and correct in all respects. The City Manager, as to the City, shall execute certificates requested by Master Developer hereunder. Each Party acknowledges a certificate hereunder may be relied upon by Transferees (as hereinafter defined) and Mortgagees (as hereinafter defined). No Party shall, however, be liable to the requesting Party, or other Person requesting or receiving a certificate hereunder, on account of any information therein contained, notwithstanding the omission for any reason to disclose correct and/or relevant information, but such Party shall be estopped with respect to the requesting Party, or such third Person, from asserting any right or obligation, or utilizing any defense, which contravenes or is contrary to any such information. ARTICLE 11. MORTGAGEE PROTECTION Section 11.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below: "Mortgage" means: (a) a mortgage or deed of trust, or other transaction, in which Master Developer conveys or pledges as security its interest in the Master Developer’s Property, or a portion thereof, or interest therein, or any buildings or improvements thereon for the purpose of (i) financing the acquisition of the Master Developer’s Property or the development of the Master Developer’s Property, or any portion thereof; (ii) refinancing any of the foregoing, or (iii) obtaining financing proceeds by encumbering the Master Developer’s Property or a portion thereof; and (b) a sale and leaseback arrangement, in which Master Developer sells and leases back concurrently therewith its interest in the Master Developer’s Property, or a portion thereof, or interest therein, or improvements thereon for the purpose of (i) financing the acquisition of the Master Developer’s Property , or the development of the Master Developer’s Property, or any portion 42 thereof; (ii) refinancing any of the foregoing, or (iii) obtaining financing proceeds by encumbering the Master Developer’s Property or a portion thereof. "Mortgagee" means: (a) the holder of the beneficial interest under a Mortgage; (b) the lessor under a sale and leaseback Mortgage; and (c) any successors, assigns and designees of the foregoing. Section 11.2 Mortgagee Protection. This Agreement and any covenants entered into between the Master Developer and City required for the approval of any West Creek Village Approvals shall be superior and senior to the conveyance of any Mortgage encumbering any interest in the Master Developer’s Property. No Event of Default shall defeat, render invalid, diminish or impair the conveyance of any Mortgage made for value, but, subject to the provisions of Section 11.3, all of the terms and conditions contained in this Agreement shall be binding upon and effective against any Person (including any Mortgagee) who acquires title to the Master Developer’s Property or any portion thereof or interest therein or improvement thereon, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. Section 11.3 Mortgagee Not Obligated; Mortgagee as Transferee. No Mortgagee shall have any obligation or duty under this Agreement whatsoever, except that nothing contained in this Agreement shall be deemed to permit or authorize any Mortgagee to undertake any new construction or improvement in the Master Developer’s Property, or to otherwise have the benefit of any rights of Master Developer, or to enforce any obligation of the City, under this Agreement, unless and until such Mortgagee elects to become a Transferee in the manner specified in Section 12.5Section 12.4. Any Mortgagee that affirmatively elects to become a Transferee shall be later released from all obligations and liabilities under this Agreement upon the subsequent Transfer by the Mortgagee of its interest as a Transferee to another Person. Section 11.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. If the City receives notice from a Mortgagee requesting a copy of any Notice of Default given Master Developer hereunder and specifying the address for service thereof (a Notice Request), then the City shall deliver to such Mortgagee, concurrently with service thereon to Master Developer, any Notice of Default thereafter given to Master Developer. From and after the delivery of a Notice Request to the City by a Mortgagee, no Notice of Default delivered to the Master Developer shall be effective unless and until a copy of such Notice of Default is also delivered to the Mortgagee. Such Mortgagee shall have the right (but not the obligation) to cure or remedy, or to commence to cure or remedy, the Event of Default claimed within the applicable time periods for cure specified in this Agreement. If, however, the Event of Default or such noncompliance is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Project, or portion thereof, such Mortgagee shall seek to obtain possession with diligence and continuity (but in no event later than 180 days after a copy of the Notice of Default is given to Mortgagee) through a receiver or otherwise, and shall thereafter remedy or cure such Event of Default or noncompliance promptly and with diligence and dispatch after obtaining possession. Other than an Event of Default or noncompliance (i) for failure to pay money or (ii) that is reasonably susceptible of remedy or cure prior to a 43 Mortgagee obtaining possession, so long as such Mortgagee is pursuing cure of the Event of Default or noncompliance in conformance with the requirements of this Section 11.4, the City shall not exercise any right or remedy under this Agreement on account of such Event of Default or noncompliance. When and if a Mortgagee acquires the interest of Master Developer encumbered by such Mortgagee's Mortgage and such Mortgagee becomes a Transferee pursuant to Section 12.5, then such Mortgagee shall promptly cure all monetary or other Events of Default or noncompliance then reasonably susceptible of being cured by such Mortgagee to the extent such that such Events of Default or noncompliance are not cured prior to such Mortgagee becoming a Transferee pursuant to Section 12.5. Section 11.5 Priority of Mortgages. For purposes of exercising any remedy of a Mortgagee pursuant to this ARTICLE 11 or for becoming a Transferee in the manner specified in Section 12.5, the applicable laws of the State of California shall govern the rights, remedies and priorities of each Mortgagee, absent a written agreement between Mortgagees otherwise providing. Section 11.6 Collateral Assignment. As additional security to a Mortgagee under a Mortgage on the Master Developer’s Property or any portion thereof, Master Developer shall have the right, without the consent of the City, to execute a collateral assignment of Master Developer's rights, benefits and remedies under this Agreement in favor of the Mortgagee (a Collateral Assignment) on the standard form provided by the Mortgagee. Section 11.7 Interpretations and Modifications. The City acknowledges that prospective Mortgagees may request certain interpretations and modifications of this Agreement during the Term, and agrees upon request, from time to time, to meet with Master Developer and representatives of such Mortgagees to discuss in good faith any such request for interpretation or modification. The City shall not unreasonably withhold its consent to any such requested interpretation or modification which the City reasonably determines is consistent with the intent and purposes of this Agreement. ARTICLE 12. TRANSFERS Section 12.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth below: "Affiliate" means any Person directly or indirectly Controlling, Controlled by or under Common Control with Owner. "Control" means the ownership (direct or indirect) by one Person of an interest in the profits and capital and the right to manage and control the day to day affairs of another Person. The term "Control" includes any grammatical variation thereof, including "Controlled" and "Controlling". "Common Control" means that two Persons are both controlled by the same other Person. 44 "Person" means an individual, partnership, firm, association, corporation, trust, governmental agency, administrative tribunal or other form of business or legal entity. "Transfer" means the sale, assignment, or other transfer by Master Developer of this Agreement, or any right, duty or obligation of Master Developer under this Agreement, including by foreclosure, trustee sale, or deed in lieu of foreclosure, under a Mortgage, but excluding: (a) a dedication of any portion of the Master Developer’s Property to the City or another governmental agency; (b) a Mortgage; (c) ground leases, leases, subleases, licenses and operating agreements entered into by Master Developer with tenants or occupants of the Master Developer’s Property for occupancy of space in any buildings or improvements (together with any appurtenant tenant rights and controls customarily included in such leases or subleases) in the Master Developer’s Property, and any assignment or transfer of any such ground lease, lease, sublease, license or operating agreement by either party thereto; (d) any sale of a building pad and surrounding area in the Master Developer’s Property to a future retail or restaurant occupant (or its affiliated entity) for the intended purpose of the development and occupancy of a building or improvement thereon; and (e) any Collateral Assignment of this Agreement to a Mortgagee. "Transferee" means the Person to whom a Transfer is effected. Section 12.2 Conditions Precedent to Master Developer Right to Transfer. Except as otherwise provided in this ARTICLE 12, Master Developer shall only have the right to effect a Transfer subject to and upon fulfillment of the following conditions precedent: (a) No Event of Default by Master Developer shall be outstanding and uncured as of the effective date of the proposed Transfer, unless the City Council has received adequate assurances satisfactory to the City Council that such Event of Default shall be cured in a timely manner either by Master Developer or the Transferee under the Transfer. (b) Prior to the effective date of the proposed Transfer, Master Developer or the proposed Transferee has delivered to the City an executed and acknowledged assignment and assumption agreement (the Assumption Agreement) in recordable form. Such Assumption Agreement shall include provisions regarding: (a) the rights and interest proposed to be Transferred to the proposed Transferee (including, the extent, of any rights to the use of Parkland In-Lieu Fee Credits assigned to such Transferee, if any. However transfer of Parkland In-Lieu Fee Credits shall be limited to development within the Master Developer’s Property and only upon written acknowledgement from Master Developer);(b) the obligations of Master Developer under this Agreement that the proposed Transferee will assume; and, (c) the proposed Transferee's acknowledgment that such Transferee has reviewed and agrees to be bound by this Agreement. The Assumption Agreement shall also include the name, form 45 of entity, and address of the proposed Transferee, and shall provide that the Transferee assumes the obligations of Master Developer to be assumed by the Transferee in connection with the proposed Transfer. The Assumption Agreement shall be recorded in the Official Records concurrently with the consummation of the Transfer. (c) Prior to the effective date of the proposed Transfer, City consents in writing to the Transfer. City's consent shall not be unreasonably withheld. Factors the City may consider in determining whether to consent to the transfer include the financial capacity of the proposed Transferee to comply with all of the terms of the Agreement and the history, if any, of compliance of Transferee, its principals, officers or owners with the provisions of federal or state law, the Fresno Municipal Code or agreements with the City relating to development projects within the City of Fresno. Section 12.3 Transfer to Affiliate. Notwithstanding the provisions of Section 12.2, Master Developer shall have the right to Transfer all of its rights, duties and obligations under this Agreement to an Affiliate of Master Developer. Such Affiliate shall become a Transferee upon: (a) the acquisition by such Affiliate of the affected interest of Master Developer under this Agreement; (b) delivery to the City of an Assumption Agreement executed by the Affiliate pursuant to which the Affiliate assumes, from and after the date such Affiliate so acquires its interest, the applicable rights, duties and obligations of Master Developer under this Agreement and (c) delivery to the City of documents and other evidence establishing, to the reasonable satisfaction of the City, the Affiliate's financial capacity to meet all of its duties and obligations under this Agreement. By virtue of its demonstrated status as an Affiliate of Master Developer and recognizing that Transfers to Affiliates will facilitate Master Developer's ability to develop the Master Developer’s Property consistent with this Agreement, the City hereby consents to any Transfer to an Affiliate in accordance with this Section 12.3 and no further consent of the City shall be required for any Transfer by Master Developer to an Affiliate. Section 12.4 Transfer to Vanguard Construction Services, Inc. Notwithstanding the provisions of Section 12.2, Master Developer shall have the right to Transfer the rights, duties and obligations under this Agreement pertaining to the development of all, or any portion of, West Creek Village Residential Property to Vanguard Construction Services, Inc. (Subdivider). Subdivider shall become a Transferee upon: (a) the acquisition by Subdivider of the property that comprises all, or any portion of, West Creek Village Residential Property; (b) delivery to the City of an Assumption Agreement executed by Subdivider pursuant to which Subdivider assumes, from and after the date that Subdivider acquires its interest, the applicable rights, duties and obligations of Master Developer under this Agreement. By virtue of its demonstrated status and recognizing that Transfers to Subdivider will facilitate Master Developer's ability to develop the West Creek Village Residential Property consistent with this Agreement, the City hereby consents to any Transfer to Subdivider in accordance with this Section 12.4, and no further consent of the City shall be required for any Transfer by Master Developer to Subdivider. Section 12.5 Mortgagee as Transferee. No Mortgage (including the execution and delivery thereof to the Mortgagee) shall constitute a Transfer. A Mortgagee shall be 46 a Transferee only upon: (a) the acquisition by such Mortgagee of the affected interest of Master Developer encumbered by such Mortgagee's Mortgage; and (b) delivery to the City of an Assumption Agreement executed by the Mortgagee pursuant to which the Mortgagee assumes assuming, from and after the date such Mortgagee so acquires its interest, the applicable rights, duties and obligations of Master Developer under this Agreement. No further consent of the City shall be required for any such Transfer to a Mortgagee. Section 12.6 Effect of Transfer. A Transferee shall become a Party to this Agreement only with respect to the interest transferred to it under the Transfer and then only to the extent set forth in the Assumption Agreement delivered under Section 12.2(b), Section 12.3 and Section 12.4. When and if Master Developer Transfers all of its rights, duties and obligations under this Agreement in accordance with Section 12.2(b), Section 12.3 and Section 12.4. Master Developer shall be released from any and all obligations accruing after the date of the Transfer under this Agreement. If Master Developer effectuates a Transfer as to only some but not all of its rights, duties and obligations under this Agreement, Master Developer shall be released only from its obligations accruing after the date of the Transfer which the Transferee assumes in the Assumption Agreement. ARTICLE 13. ENFORCED DELAY; EXTENSION OF TIME OF PERFORMANCE; EXCUSED PERFORMANCE Section 13.1 Force Majeure. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk-outs, riots, floods, earthquakes, the discovery and remediation of hazardous waste or significant geologic, hydrologic, archaeologic or paleontologic problems on the West Creek Village Project Area, fires, casualties, acts of God, shortages of labor or material, governmental restrictions imposed or mandated by governmental entities other than the City, enactment of conflicting state or federal statutes or regulations, judicial decisions, litigation not commenced by a Party to this Agreement claiming the enforced delay, or any other basis for excused performance which is not within the reasonable control of the Party to be excused. Causes for delay as set forth above are collectively referred to as Force Majeure. Section 13.2 Notice. If Notice (as hereinafter defined) of such delay or impossibility of performance is provided to a Party within thirty days after the commencement of such delay or condition of impossibility, an extension of time for such cause shall not be unreasonably denied by such Party. The extension shall be for the period of the enforced delay, or longer as may be mutually agreed upon by the applicable Parties in writing. Any performance rendered impossible shall be excused in writing by the Party so notified. 47 ARTICLE 14. PROJECT APPROVALS INDEPENDENT Section 14.1 Except to the extent otherwise recognized by CEQA, all City Permits which may be granted pursuant to this Agreement, and all Approved Entitlements and TCC Project Funds which have been issued to or granted by the City with respect to the West Creek Village Project Area and the West Creek Village Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement is Terminated for any reason, then such invalidity, unenforceability or Termination of this Agreement, or any part hereof, shall not affect the validity or effectiveness of any such City Permits or the West Creek Village Approvals or Future Discretionary Approvals. In such cases, such City Permits, West Creek Village Approvals and Future Discretionary Approvals will remain in effect pursuant to their own terms, provisions, and conditions of approval. As such, the City may place conditions of approval on all City Permits which may be granted pursuant to this Agreement, the West Creek Village Approvals and Future Discretionary Approvals which have been issued or granted by the City with respect to the Master Developer’s Property, so long as such conditions are consistent with the terms of this Agreement. ARTICLE 15. NOTICES Section 15.1 Form of Notices; Addresses. All notices and other communications (the Notices) required or permitted to be given by any Party to another Party pursuant to this Agreement shall be properly given only if the Notice is: (a) made in writing (whether or not so stated elsewhere in this Agreement); (b) given by one of the methods prescribed in Section 15.2; and (c) sent to the Party (to which it is addressed at the address set forth below (with a copy to the appropriate entity as indicated below) or at such other address as such Party (or the addressee required to be sent a copy) may hereafter specify by at least five calendar days' prior written notice: If to City: City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721-3600 Attention: Wilma Quan-Schecter, City Manager Facsimile: (559) 621-7776 And to: City Attorney City of Fresno City Hall 2600 Fresno Street Fresno, CA 93721-3600 Attention: Doug Sloan, City Attorney Facsimile: (559) 488-1084 48 If to Master Developer: 2500 MLK, LLC 405 North Palm Avenue Fresno, CA 93701 Attention: Stephen J. Shehadey Facsimile: (559) 266-3115 Section 15.2 Methods of Delivery. Notices may be either: (a) delivered by hand; delivered by a nationally recognized overnight courier that maintains evidence of receipt; or sent by facsimile transmission with a confirmation copy delivered the following day by a nationally recognized overnight courier which maintains evidence of receipt. Notices shall be effective on the date of receipt. ARTICLE 16. GENERAL PROVISIONS Section 16.1 City's Reservation of Authority. The Parties acknowledge and agree the intent of this Agreement is to protect the vested rights granted to Master Developer herein to the maximum extent allowed by law. Except for the limitations on the exercise by the City of its police power which are provided in this Agreement or which are construed in accordance with the immediately preceding sentence, the Parties further acknowledge and agree that: (a) the City reserves all of its police power and or statutory or other legal powers or responsibilities; and (b) this Agreement shall not be construed to limit the authority or obligation of the City to hold necessary public hearings, to limit the discretion of the City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by the City or any of its officers or officials. This Agreement shall not be construed to limit the obligations of the City to comply with CEQA or any other federal or state law. Section 16.2 Amendment or Cancellation. Subject to meeting the notice and hearing requirements of Section 65867 of the California Government Code (and compliance with the procedures set forth in Fresno Municipal Code Section 15-6009(B), this Agreement may be amended from time to time, or canceled in whole or in part, by mutual written consent of the City and Master Developer, or their respective successors in interest in accordance with the provisions of Section 65868 of the California Government Code. Section 16.3 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. Section 16.4 Successor and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties, and any subsequent owners of all or any portion of the Master Developer’s Property and their respective successors and 49 assigns. Any successors in interest to the City shall be subject to the provisions set forth in Sections 65865. 4 and 65868. 5 of the California Government Code. Section 16.5 Interpretation and Governing State Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the terms of this Agreement shall be brought and heard in the Superior Court of the State of California, County of Fresno. Section 16.6 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other Person shall have any right of action based upon any provision of this Agreement. Section 16.7 Attorneys' Fees. If either Party commences any action for the interpretation, enforcement, termination, cancellation or rescission hereof, or for specific performance of the breach hereof, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this Section shall include attorneys' fees on any appeal and any post- judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. Section 16.8 Limitation of Legal Acts. Except as provided in Section 16.7, in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed the Master Developer's sole legal remedy for a breach or violation of this Agreement by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement. Section 16.9 Validation. If so requested in writing by the Master Developer, the City agrees to initiate appropriate procedure under California Code of Civil Procedure Section 860 et seq. , in order to validate this Agreement, and the obligations thereunder. Any validation undertaken at the request of the Master Developer shall be at the sole cost of the Master Developer. Section 16.10 Successor Statutes Incorporated. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Master Developer under this Agreement. 50 Section 16.11 Incorporation of Attachments. Each and all recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference as though set forth herein verbatim. Section 16.12 Negation of Partnership. The Parties specifically acknowledge the development of Master Developer’s Property is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in the businesses of Master Developer, the affairs of the City, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise. This Agreement is not intended and shall not be construed to create any third party beneficiary rights in any Person who is not a Party or a Transferee; and nothing in this Agreement shall limit or waive any rights Master Developer may have or acquire against any third Person with respect to the terms, covenants or conditions of this Agreement. Section 16.13 Not A Public Dedication. Except for Required Exactions specifically set forth in this Agreement and then only when made to the extent so required, nothing herein contained shall be deemed to be a gift or dedication of the Master Developer’s Property or any buildings or improvements constructed in the Project, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Master Developer’s Property as private property. Section 16.14 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any Person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other Person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. Section 16.15 Counterparts. This Agreement may be executed in two or more identical counterparts, each of which shall be deemed to be an original and each of which shall be deemed to be one and the same instrument when each Party signs each such counterpart. Section 16.16 Signature Pages. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this as one complete Agreement. Section 16.17 Days. Unless otherwise specified in this Agreement, the term "days" means calendar days. [Remainder of Page Intentionally Left Blank] 51 52 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement. CITY CITY OF FRESNO, a municipal corporation By: Wilma QuanCity Manager Dated: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By: DEPUTY Dated: MASTER DEVELOPER 2500 MLK, LLC, a California Limited Liability Company By: ____________________________ Its Manager ____________________________ Printed Name By: ____________________________ Its Manager ____________________________ Printed Name By: ____________________________ Its Manager ____________________________ Printed Name Exhibit A-1 Legal Description of West Creek Village Project Area Owned by Master Developer Those parcels of real property situated in the County of Fresno, State of California described as follows: PARCEL 1 Lot 39 in Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the map thereof recorded in Volume 2 of Plats at page 8, Fresno County Records. Lots 37 and 38 in Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, in the County of Fresno, State of California, according to the map thereof recorded in Volume 2 of Plats at page 8, Fresno County Records. The above described property excludes, however, that portion of Lots 38 & 39 of the Fresno Colony Tract, according to the map recorded in Book 2 of Plats, at Page 8, Fresno County Records, lying within the Southwest Quarter of Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, in the County of Fresno, State of California, being more particularly described as follows. The North half and the North one third of the South half of Lots 38 and 39 of said Tract. Containing an area of 26. 06 acres, more or less. PARCEL 2: APN 479-060-02 The North half of Lot 51 of Fresno Colony, according to the map thereof recorded in Book 2 Page 8 of Plats, Fresno County Records. PARCEL 3: APN 479-060-03 The North half of Lot 52 of Fresno Colony, according to the map thereof recorded in Book 2 Page 8 of Plats, Fresno County Records. PARCEL 4: APN 479-060-10 The South half of Lot 51 of Fresno Colony, according to the map thereof recorded in Book 2 Page 8 of Plats, Fresno County Records. Excepting therefrom the South 20 feet thereof. For the purpose of this Description, the South boundary of said Lot 51 is assumed to be 30 feet North of the South Boundary of Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian. PARCEL 5: APN: 479-060-11 Lot 50 of Fresno Colony, according to the map thereof recorded in Book 2 Page 8 of Plats, Fresno County Records. Excepting therefrom the South 20 feet thereof. For the purposes of this Description, the South boundary of said Lot 50 is assumed to be 30 feet North of the South Boundary of Section 16, Township14 South, Range 20 East, Mount Diablo Base and Meridian. PARCEL 6: APN: 479-060-09 The South half of Lot 52 of Fresno County, according to the Map thereof recorded in Book 2 Page 8 of Plats, Fresno County Records. Excepting therefrom the Southeast quarter of said South half. Also excepting therefrom the South 20 feet thereof. For the purposes of this Description, the South boundary of said Lot 52 is assumed to be 30 feet North of the South boundary of Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian. PARCEL 7: APN: 479-060-08 The Southeast quarter of the South half of Lot 52 of Fresno Colony, according to the map thereof recorded in Book 2 Page 8 of Plats, Fresno County Records. Excepting therefrom the South 20 feet thereof. For the purposes of this Description, the South boundary of said Lot 52 is assumed to be 30 feet North of the South boundary of Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian. Exhibit A-2 Legal Description of Fresno City College–West Fresno Satellite Parcel That portion of Lots 38 & 39 of the Fresno Colony Tract, according to the map recorded in Book 2 of Plats, at Page 8, Fresno County Records, lying within the Southwest Quarter of Section 16, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, according to the Official Plat thereof, in the County of Fresno, State of California, being more particularly described as follows. The North half and the North one third of the South half of Lots 38 and 39 of said Tract. Containing an area of 26. 06 acres, more or less. Exhibit B Vested Uses* Table Parcel 1 of Tentative Parcel Map Application No. 2019-02 Uses Permitted as a matter of right in a CC Zone District Parcel 2 of Tentative Parcel Map Application No. 2019-02 Uses Permitted as a matter of right in an RS-5 District as to 7.12 gross acres, and Uses Permitted as a matter of right in an RM-1 District, as to gross 13.10 acres Parcel 3 of Tentative Parcel Map Application No. 2019-02 Uses Permitted as a matter of right in an RS-5 District as to 20.20 gross acres, and Uses Permitted as a matter of right in an RM-1 District, as to gross 7.44 acres Parcel 4 of Tentative Parcel Map Application No. 2019-02 Uses Permitted as a matter of Right in a CR Zone District Existing Parcel APN 479-060-08 Uses Permitted as a matter of right in a CR Zone District *The total number of residential units to be developed in Parcels 2 and 3 are based on the assumption that a portion of Parcel 3 shall be acquired for use as an elementary school site. The combined total residential units developed on the Master Developer's Property shall be consistent with the provisions set forth in Section 3.9(a) of the Development Agreement Exhibit C Land Use Map of West Creek Village Project CC- Community Commercial RS-5 - Residential Single Family RM-1 - Residential Multi Family CR - Regional Commercial PR - Park and Recreation Church Avenue Commercial Site Fresno City College-West Fresno Satellite Parcel PARK AMENITY SITE Jensen Avenue Commercial Site West Creek Village Residential Property West Creek Village Residential Property West Creek Village Residential Property West Creek Village Residential Property EXHIBIT C Exhibit D Exactions Table EXHIBIT D EXACTIONS: OFF-SITE IMPROVEMENTS AND DEDICATIONS Development of the West Creek Village Project under the Agreement shall be subject to the following impacts fees, dedications and improvements and other agency fees, dedications and improvements pursuant to the terms, conditions and requirements provided in this Exhibit. Unless otherwise expressly provided in this Exhibit, all public facilities shall be constructed to standards and pursuant to procedures adopted by the City and existing at the time the plans are submitted to the City for approval. A. CITY DEDICATIONS; IMPROVEMENTS AND REQUIREMENTS No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT 1 The Project will provide the following street improvements: (1) Jensen Avenue, from MLK Blvd to Knight Avenue. The City will install curb, gutter, asphalt paving, street lights, and Class I trail with landscaping per City of Fresno Standard Plans P-51, and P-60. Developer will install concrete block walls where required, which installation will be deferred until development of adjacent properties or as part of improvements mandated under DPW[5] (1) Upon receipt and City Council appropriation of Federal Transportation Grant Funding. Only improvements and work constructed by the Developer are eligible for any reimbursement or credits and are available from the Citywide Traffic and Street fee program. No other credits and/or reimbursements are allowed. City- constructed improvements will [5] City of Fresno Department of Public Works No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT subdivision map conditions of approval. Developer will install any power or communication utility systems needed to serve new development. (2) MLK Blvd from Church Avenue to Jensen Avenue. The City will install curb, gutter, asphalt paving, street lights and sidewalks per City of Fresno Standard Plan P-53. Developer will install block walls and landscaping where required, which installation will be deferred until development of adjacent properties or as part of improvements mandated under subdivision map conditions of approval.. Developer will install any power or communication utility systems required to serve new development. (3) Church Avenue, MLK Blvd to Walnut. The City will install curb, gutter, street lights, asphalt paving and Class I trail with landscaping in accordance with City of Fresno Standard Plans P-53, and P-60. The City will convert the existing overhead utility wires to an underground system. Developer will install concrete block walls where required, which installation will be deferred until (2) Upon receipt and City Council appropriation of Federal Transportation Grant Funding. (3) Upon receipt and City Council appropriation of Federal Transportation Grant Funding. (4) Interior roadways shall be completed with each phase of the tentative map. Units cannot be occupied until two points of access not result in any fee credit for the Developer. (4) No. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT development of adjacent properties or as part of improvements mandated under subdivision map conditions of approval.. The Developer shall dedicate necessary right of way for all of the above improvements. (4) The Developer shall construct roadway improvements in the interior of the West Creek Village Project site and shall submit all improvement plans to the Department of Public Works for review and approval. (5) City shall construct access road to park and loop road surrounding park. Developer shall reimburse City for one- third of total cost. are provided. (5) Loop road and access road to be completed as funds are allocated in City budget. 2 All new utility wires are to be installed underground. City will convert existing overhead utility wires along Church Avenue with Rule 20 PG&E funds) in accordance with Fresno Municipal Code Sections 15-4114 and 15-2017 and Resolution No. 78-522/88-229. Existing overhead utility lines on Jensen Avenue are high-voltage and are allowed to DPW City conversion of existing lines on Church Avenue will be completed by PG&E when their schedule allows. No No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT remain overhead. 3 Developer shall install ADA-compliant curb ramps at all corners in accordance with City of Fresno Public Works Standards (in the form existing at time plans are submitted to City). (See Note on Attachment 1.) DPW Prior to issuance of any building permits. No. 4 The Developer agrees to have the West Creek Village Project Area annexed into Community Facilities District No. 9 for multi-family and commercial uses and Community Facilities District No. 11 for single family residential uses, except Developer may establish a stand-alone Community Facilities District in accordance with Section 5.3(c) of the Development Agreement . The Developer may include in the CFD the funding for maintenance of certain agreed upon On-Site and/or Off-Site Public Improvements. The CFD annexations shall include the maintenance of any median island landscaping installed by the Project along Martin Luther King Jr. Boulevard, East Church Avenue, and East Jensen Avenue, including median island DPW Prior to approval of any final maps, prior to issuance of any building permits, and prior to the sale of any portion of the Subject Property. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT plant replacement costs. The CFD annexation shall also include appropriate shares for maintenance of the new Park Amenity The Developer agrees to maintain on its own all landscaping within the site as a requirement of the Agreement if such landscaping is not included in a CFD, including any landscaping within the commercial areas proposed at Church and MLK and along Jensen Avenue. Non-CFD maintenance shall be perpetual and ongoing after construction of relevant improvement. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT 5 The first order of work shall include a minimum of two points of vehicular access to the major streets for any phase of this development. DPW Upon completion of first public works of improvement. No. 6 The Project shall comply with water and sewer requirements set forth in the Department of Public Utilities/Utilities Planning and Engineering Memorandum dated July 12, 2017 as set forth more particularly below[1]: (1) The City will replace the 10-inch water main in South Martin Luther King Jr. Boulevard between East Jensen and East Church with a 12-inch water main (including fire hydrants). (2) The City will transfer existing water services from the 10-inch water main to the proposed 12-inch water main. (3) The Developer shall install an 8-inch water main (including City fire hydrants) in East Grove Avenue between South DPU[2] (1) Concurrent with City installed street improvements (2) Concurrent with City installed street improvements. (1) No (2) No [1] A full and complete list of water and sewer requirements is set forth in the Department of Public Utilities Memorandum dated July 12, 2017, included as an exhibit to the Conditions of Approval for TPM-17-06. Development requirements not specifically articulated in this exhibit can be found in to the Conditions of Approval for TPM-17-06. [2] City of Fresno Department of Public Utilities No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT Walnut Avenue and South Martin Luther King Jr, Boulevard. (4) The Developer shall install an 8-inch water main (including City fire hydrants) in South Fairview Avenue between South Jensen Avenue and East Grove Avenue (5) The Developer shall install water services and meter boxes. (6) The Developer shall demolish any on- site wells in compliance with the State of California Department of Water Resources and City of Fresno Standards. (7) The Project shall direct all sewer connections located north of Grove Avenue to one of the 30-inch trunk lines in Church Avenue. (8) The Project shall direct all sewer connections located south of Grove Avenue to the Jensen Avenue trunk line. (9) The Developer shall abandon the 14- inch fiberglass reinforced concrete non- active sewer pipe and the abandoned pipe shall be removed. The existing main shall No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT be capped at the intersection of Grove Avenue and Knight Avenue on the west end, and Grove Avenue and Martin Luther King Jr. Boulevard on the east end. (10) The Project shall vacate the 20-foot utility easement at the Grove Avenue alignment between Knight Avenue and Martin Luther King Jr. Boulevard. Prior to vacating the easement, the Developer shall contact the Fresno Metropolitan Flood Control District regarding the 48- inch concrete storm drain co-located in the easement with the 14-inch fiberglass reinforced concrete pipe. (11) The Developer shall cause all street easements and deeds to be recorded. (12) The Project shall install all underground utilities. (13) The Developer’s engineer shall prepare a preliminary sewer design layout and shall submit the same to the Department of Public Utilities for review and conceptual-level approvals. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT (14) The Developer shall submit engineered improvement plans prepared by a registered professional civil engineer for all proposed additions to the City’s public sewer system, for review and approval by the Department of Public Utilities. (15) All public sanitary sewer facilities shall be constructed in accordance with City standards, specifications, and policies. (16) The Developer shall construct the sanitary sewer connection to the existing rehabbed 48-inch sewer trunk located in East Jensen Avenue by machine coring and epoxy coating the area of the 48-inch sewer trunk. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT 7 The Developer shall incorporate the use of recycled water for landscape irrigation and non-potable water demands in street- right of way landscaping. To facilitate the use of recycled water, the City will extend recycled water facilities to the project and will install a 12-inch diameter recycled water main in South Martin Luther King Jr. Boulevard from East Church Avenue to East Grove Avenue. DPU 8 General Sanitary Sewer Requirements (1) Sanitary sewer facilities installed on- site or within private streets shall be private. It is the responsibility of the Developer or its successors in interest to repair and maintain all sewer facilities deemed private. DPU (1) After construction of facilities; ongoing obligation. (1) No. (2) Engineered sanitary sewer facility improvement plans prepared by a registered civil engineer shall be submitted to the City of Fresno Department of Public Utilities for review and approval of proposed public sewer facilities. Those plans must adhere to the requirements in (2) Prior to issuance of building permits. (2) N/A No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT this Exhibit and be approved by the Director or his designee prior to issuance of building permits. It is the project’s responsibility to coordinate and eliminate elevation and alignment conflicts with other utilities. Separation requirements per the California Department of Health are strictly enforced. (3) For construction of off-site sewer improvements, the project shall comply with City of Fresno ordinances and conditions in effect at the time of construction and shall pay processing fees in effect at the time plans are submitted to the City. (3) At submittal of off- site construction plans. (3) N/A. (4) Residential units shall be provided with separate water services and meters from non-residential uses within the same building. All water services shall be metered and approved backflow devices installed when required. (4) Prior to Certificate of occupancy. (4) No. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT (5) All landscaping and outdoors water uses shall be supplied through water services and meters installed for irrigation purposes only and shall be separated from services used to supply domestic uses within a building. Landscaping and non- potable water uses shall utilize recycled water. (5) Prior to Certificate of Occupancy. (5) No. (6) In addition to and without limiting any other requirement in this Exhibit, the public sewer system improvements including off-site shall be constructed in its entirety (without phasing) and are to be completely constructed and fully operational prior to occupancy of the first building. (6) N/A (6) N/A 9 All solid waste enclosures and facilities shall be constructed to Public Works Standards P-33 and P-34 and shall be included on improvements plans to be approved prior to issuance of building permits. If compactors are to be used, these figures will change. Compactors required 60' clearance in front and 3' clearance on DPU Prior to Certificate of Occupancy for each building. No. No. DEDICATION AND/OR IMPROVEMENT CITY DEP'T TIME OF COMPLETION SUBJECT TO REIMBURSMENT/ CREDIT either side for loading and unloading. Exhibit E Required Development Fees With respect to the Master Developer’s Property development, the Required Fees payable pursuant to Section 5. 4(a) (if any) are as follows: Improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ten acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0. 10/sq. ft. (to 100' depth) c. Oversize Charge [1] $0. 05/sq. ft. (to 100' depth) d. Trunk Sewer Charge [2] N/A e. Wastewater Facilities Charge S. T. E. P. ** f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule existing on August 24, 2017. h. Frontage Charge [1] $6.50/lineal foot i. Water Capacity fee Fee based on meter(s) sizes specified by owner; fee established by the Master Fee Schedule existing on August 24, 2017. Exhibit E Required Development Fees (cont. ) CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE j. Fire Facilities Impact Fee – Citywide [4] - Commercial Retail $662.00/1000 sq. ft. † - Residential, SFR $1,893.00/living unit - Residential, MFR $1,429.00/living unit k. Park Facility Impact Fee – Citywide [4] - Residential, SFR $3,923.00/living unit - Residential, MFR $2,989.00/living unit l. Parkland Dedication In-Lieu Fee [2] - Commercial Retail N/A - Residential, SFR $1,185.00/living unit - Residential, MFR $894.00/living unit m. Citywide Regional Street Fee [3] - Commercial Retail $13,846.00/adj. acre - Residential, SFR $7,830.00/adj. acre - Residential, Multi-Family $14,204.00/adj. acre n. New Growth Area Major Street Fee [3] - Commercial Retail $38,910/adj. acre - Residential, SFR $21,555.00/adj. acre - Residential, Multi-Family $41,889.00/adj. acre o. Police Facilities Impact Fee – Citywide [4] - Commercial Retail $641.00/1000 sq. ft. † - Residential, SFR $602.00/living unit - Residential, MFR $454.00/living unit p. Traffic Signal Charge [1] - Commercial Retail Based on Actual Use† - Residential, SFR $488.00/living unit - Residential, MFR $341.00/living unit Notes: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 – 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009 – 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. ** Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153), but applying the fees for the STEP existing on August 24, 2017 [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. † Building areas to be calculated to the nearest square foot. Traffic Signal fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. Average Daily Trips to be determined by Traffic Engineering. However, in all instances, the fee allocated shall be based on the fees and policies existing on August 24, 2017. Exhibit F-1: Depiction of Loop Road Exhibit F-2: Preliminary Engineers Estimate EXHIBIT F-1 PHASE 1 PHASE 2 PHASE 2 Exhibit G Appraisal for Land Value of the Park Amenity Site APPRAISAL REPORT OF A Proposed 9.99 Acre Park Part of the Planned West Creek Village SW corner of Martin Luther King Boulevard @ E Church Avenue Fresno (City and County), CA 93706 DATE OF VALUE August 1, 2018 – Hypothetical Value PREPARED FOR 2500 MLK LLC PO Box 6317 Fresno, CA 93703 PREPARED BY Adam J. Hardej, Jr., MAI President & Chief Appraiser BAAR Realty Advisors BAAR File No: 07-18-0448 (800) 851-1855 INVESTMENT ADVISORY • VALUATION • CONSULTING October 2, 2018 2500 MLK LLC PO Box 6317 Fresno, CA 93703 RE: Proposed 9.99 Acre Park Part of the Planned West Creek Village SW corner of Martin Luther King Boulevard @ E Church Avenue Fresno (City and County), CA 93706 BAAR File No.: 07-18-0448 To Whom It May Concern: At your request and authorization, BAAR Realty Advisors (BAAR) has prepared an Appraisal Report of the hypothetical market value of the fee simple interest in the above-referenced real property. The subject property is more fully described, legally and physically, within the enclosed report. Data, information, and calculations leading to the value conclusion are incorporated in the report following this letter. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of and inseparable from this letter. HYPOTHETICAL MARKET VALUE Based on research and analysis contained in this report, it is estimated that the hypothetical market value of the fee simple interest in the subject property, "as proposed" on August 1, 2018 was: TWO MILLION DOLLARS $2,000,000 The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the reasoning leading to the opinion of value. The analyses, opinions and conclusions were developed based on, and this report has been prepared in conformance with, our interpretation of the guidelines and recommendations set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and The Financial Institution Reform, Recovery, and Enforcement Act of 1989 (FIRREA), Title XI Regulations. October 2, 2018 Page 2 It has been a pleasure to assist you in this assignment. If you have any questions concerning the analysis, or if BAAR can be of further service, please do not hesitate to contact us. Respectfully Submitted, BAAR REALTY ADVISORS Adam J. Hardej, Jr., MAI President & Chief Appraiser CA Certified General Appraiser Lic#AG018716 Luis R. Lorca Regional Manager & Senior Appraiser CA Certified General Appraiser Lic#AG030345 CERTIFICATION OF THE APPRAISER iii CERTIFICATION OF THE APPRAISER We certify that to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and have no personal interest or bias with respect to the parties involved. 4. Our compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event, such as the approval of a loan. 5. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice of The Appraisal Foundation and the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. In addition, this report conforms to the requirements of the Financial Institution Reform, Recovery, and Enforcement Act (FIRREA). 6. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 7. Adam J. Hardej Jr., has completed the requirements of the continuing education program of the Appraisal Institute. 8. Luis Lorca made an inspection of the property that is the subject of this report. Adam J. Hardej Jr. has not inspected the subject. 9. No one else has provided professional assistance to the persons signing this report. 10. Adam J. Hardej, Jr. and Luis Lorca have extensive experience in the appraisal/review of similar property types. 11. We have performed professional services, as an appraiser, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. Adam J. Hardej, Jr., MAI President & Chief Appraiser AG018716 Luis R. Lorca Regional Manager & Senior Appraiser AG030345 TABLE OF CONTENTS iii SUMMARY OF SALIENT FACTS Location: Proposed 9.99 Acre Park, Part of the Planned West Creek Village located at SW corner of Martin Luther King Boulevard @ E Church Avenue Fresno (City and County), CA 93706 Parcel Number: Not currently assigned or subdivided Property Description: The subject is part of a large proposed development know as West Creek Village. The subject will represent a 9.99 acre park that will be contained in the middle of the development, which will consist of single and multi-family development, commercial development, and the southwestern campus of Fresno Community College. Highest and Best Use As Though Vacant: Mixed development as currently proposed including the subject parkland acreage. As Improved: N/Ap. Property Rights Appraised: Fee Simple Date of Value: August 1, 2018 – As Is Land Area Gross: 9.99 Acres or 435,164 SF Exposure/Marketing Time: 12 months or less. Valuation (As Is) Income Approach: Not applicable Sales Comparison Approach: $2,000,000 Cost Approach: Not applicable Final Value Conclusion: $2,000,000 -- As Is Value TABLE OF CONTENTS iv TABLE OF CONTENTS CERTIFICATION OF THE APPRAISER ....................................................................................... iii SUMMARY OF SALIENT FACTS ................................................................................................. iii TABLE OF CONTENTS ............................................................................................................... iv INTRODUCTION .......................................................................................................................... 1 AREA ANALYSIS .......................................................................................................................... 6 SITE ANALYSIS ........................................................................... Error! Bookmark not defined. ZONING ANALYSIS ................................................................................................................... 28 TAX AND ASSESSMENT DATA ................................................................................................ 29 HIGHEST AND BEST USE ......................................................................................................... 30 APPRAISAL METHODOLOGY ................................................................................................... 32 SALES COMPARISON APPROACH .......................................................................................... 41 RECONCILIATION OF VALUE ................................................................................................... 53 LAND VALUE .............................................................................................................................. 54 ADDENDA Assumptions and Limiting Conditions Specific Assumptions and Limiting Conditions Appraiser Qualifications / License INTRODUCTION 1 INTRODUCTION PROPERTY IDENTIFICATION The subject is located at the SW corner of Martin Luther King Boulevard @ E Church Avenue. Fresno (City and County), CA 93706. The subject is part of a large proposed development know as West Creek Village. The subject will represent a 9.99 acre park that will be contained in the middle of the development, which will consist of single and multi-family development, commercial development, and the western campus of Fresno Community College. The subject parcel does not yet exist and does not currently have an assessor’s parcel number. The subject will be part of the West Creek Village development that will include the following area. A. The Town Center. A pedestrian-friendly, transit-oriented, mixed-use center located at the southeast corner of the site near Jensen Avenue and Martin Luther King, Jr. Boulevard. The Town Center provides a lively residential, retail, and restaurant mix, and is proposed in two parts: one centered on a conventional car accessed grocery store, and the other on a walkable “Main Street.” B. Neighborhood West. Located west of Central Park, this neighborhood is built around a series of greens. It is composed primarily of single-family houses with multi-family housing facing Central Park. Neighborhood West also hosts an elementary school at the corner of Jensen Avenue and Knight Avenue. C. Neighborhood East. Located east of Central Park, this neighborhood provides multifamily housing along MLK Jr. Boulevard and the perimeter of Central Park. The middle portion of these blocks accommodate rosewalks (single-family houses built along both sides of a common green). At the corner of Church Avenue and MLK, Jr. Boulevard is a Commercial Center, which provides neighborhood-serving retail and services for Southwest Fresno residents. D. The Campus. Located along the northern edge of the site is the State Center Community College District’s (SCCCD) proposed Southwest Fresno campus. Campus buildings are built around a series of quadrangles with parking located behind buildings. E. Central Park (Subject). This is a large community park located at the center of West Creek Village that accommodates a variety of passive and active uses, ranging from multi-purpose sports courts, to splash plazas, to open fields, to picnic tables and shelters. The following map details the zones indicated above. INTRODUCTION 2 A significant component to the proposed development is the funding provided to the State Center Community College District, who will develop the expanded Fresno Community College West Extension on the site. On January 29, 2018, the California Strategic Growth Council (CSGC) unanimously approved a $70 million competitive grant to improve the City of Fresno through community-led development and infrastructure projects. Included in this amount is $16.9 million allocated to onsite infrastructure associated with a proposed satellite college campus that will be constructed on the subject property. This would augment a $40 million commitment from the State Center Community College District to construct the campus. The resulting $56.9 million will be used to develop the infrastructure of the overall development along with the campus. These fund have a significant contributory value to the subject’s pending parcels as the off-site will be constructed at a cost to the SCCCD and not the subject or any other owner. In addition, the City of Fresno has committed to spending $11.7 million to improve the surrounding street, primarily Church Street, MLK Jr. Blvd. and Jensen Avenue. Improvements include street widening, curbs, gutters, water, sewer, and electrical improvements to support the West Creek Village development. OWNERSHIP AND PROPERTY HISTORY The subject parcel is proposed and does not yet exist. The parcel is part of the larger development noted above. The proposed development will be formed from the 13 parcels detailed in the table below. As can be seen, the parcels are vested to varying entities. INTRODUCTION 3 The subject’s proposed parcel will contain 9.99 acres and will be donated by 2500 MLK LLC to the State Center Community College District that is an existing owner and will develop the proposed campus. There have been no other prior transfers of the subject in the prior three years. The subject has not been otherwise been listed for sale in the prior 36 months per review of Costar, Loopnet, and MLS. DATES OF INSPECTION AND VALUATION The site was last inspected on August 1, 2018, the date of the as is value is the date of inspection. LEGAL DESCRIPTION The legal description can be found in the Preliminary Report, a copy of which was not provided for review. PURPOSE OF THE APPRAISAL The purpose of this appraisal is to estimate the market value of the fee simple interest in the subject property, in “as proposed” condition. Market value is defined as follows: Market value is one of the central concepts of the appraisal practice. Market value is differentiated from other types of value in that it is created by the collective patterns of the market. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; # Location Owner APN Acreage Sq. Ft. Sale Date Price 1 2423 S Walnut Avenue State Ctr Cmnty Clg District 479-050-01 10.23 445,619 Feb-18 $1,351,000 2 E Church Avenue State Ctr Cmnty Clg District 479-050-02 20.00 871,200 Aug-14 $3,515,500 3 2458 S MLK Jt Blvd State Ctr Cmnty Clg District 479-050-03 39.08 1,702,350 Aug-14 Inc. Parcel 2 6 2461 S Walnut Avenue State Ctr Cmnty Clg District 479-050-06 1.64 71,438 Feb-18 Inc. Parcel 1 7 E Church Ave @ MLK State Ctr Cmnty Clg District 479-050-07 1.42 61,659 Feb-18 Inc. Parcel 1 8 Jensen Avenue 2500 MLK LLC 479-060-02 9.73 423,839 May-17 $2,500,000 9 2540 S MLK Jr Blvd 2500 MLK LLC 479-050-03 9.50 413,820 May-17 Incl Parcel 8 10 2588 S MLK Jr Blvd Cam Vong, et al 479-050-08 2.17 94,500 N/Av. *** 11 831 E Jensen Ave Cam Vong, et al 479-050-09 6.97 303,613 N/Av. *** 12 E Jensen Avenue 2500 MLK LLC 479-050-10 9.25 402,930 May-17 Inc Parcel 1 13 571 E Jensen Avenue Cam Vong, et al 479-050-11 19.25 838,530 N/Av.*** Totals 129.24 5,629,498 LARGER LAND AREA DETAIL INTRODUCTION 4 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 INTENDED USE OF REPORT This appraisal is to determine land value for purposes of a land sale and gift from 2500 MLK to the City of Fresno. INTENDED USERS OF REPORT This appraisal is intended for exclusive use by 2500 MLK LLC and the City of Fresno. Use of this appraisal by others is prohibited. PROPERTY RIGHTS APPRAISED The value estimated represents the fee simple interest. APPRAISAL DEVELOPMENT AND REPORTING PROCESS The following steps were completed by BAAR for this assignment: 1. Analyzed regional, city, neighborhood, site, and improvement data. 2. Inspected the subject and the neighborhood. 3. Reviewed data regarding taxes, zoning, utilities, easements, and city services. 4. Considered comparable improved sales, comparable improved building rental information, and comparable site sales. Confirmed data with principals, managers, or real estate agents representing principals, unless otherwise noted. 5. Analyzed the data to arrive at conclusions via each approach to value used in this report. 6. Reconciled the results of each approach to value employed into a probable range of market data and finally an estimate of value for the subject, as defined herein. 7. Estimated a reasonable exposure time associated with the value estimate. The subject site and improvement descriptions are based on a personal inspection of the property, knowledge of construction techniques, and review of the relevant plat maps. The inspection is not a substitute for thorough engineering studies. To develop the opinion of value, BAAR performed a complete and thorough appraisal process considering all approaches to value. This report fully conforms to appraisal guideline as defined by the Uniform Standards of Professional Appraisal Practice as of January 1, 2018. This is an Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Standards of Professional Appraisal Practice. In this 1 The definition of market value is taken from: The Office of the Comptroller of the Currency under 12 CFR, Part 34, Subpart C-Appraisals, 34.42(f), August 24, 1990. This definition is compatible with the definition of market value contained in The Dictionary of Real Estate Appraisal, Third Edition, and the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of The Appraisal Foundation, 1992 edition. This definition is also compatible with the OTS, RTC, FDIC, NCUA, and the Board of Governors of the Federal Reserve System definition of market value. INTRODUCTION 5 appraisal, BAAR has considered all known applicable approaches to value, but utilized only the sales comparison approach per the scope of work identified by the client. The value conclusion reflects all known information about the subject property, market conditions, and available data. This Appraisal Report incorporates a practical/detailed explanation of the data, reasoning and analysis that were used to develop the opinion of value. It also includes detailed descriptions of the subject property and the market for the subject property type. All data considered significant that was requested for this assignment was received by BAAR. PERSONAL PROPERTY No items of personal property are included in this valuation. EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS The subject is a proposed 9.99 acre parkland parcel that is part of a larger development that does not currently exist. As such, the subject is valued under the Hypothetical Condition that it has been subdivided into its proposed 9.99 acre site along with the existing parcels. The subject is further valued under the Hypothetical Condition that the proposed development will occur as planned. Any changes to these Hypothetical Conditions may lead to alternate values applying. There are no Extraordinary Assumptions within the report. EXPOSURE/MARKETING TIME Based upon a review of recent sales transactions in the subject market area and interviews with market participants, along with inspection and evaluation of the subject property, the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value As Is as of the date of value of this appraisal is estimated to be twelve (12) months. I forecast that this is a reasonable time of exposure under current market conditions to sell the subject at the appraised value. It is also necessary to estimate the appropriate "exposure time" which is defined as the amount of time from when a property is available for sale to the date on which it enters escrow. Based on a review of the above data, the "exposure time" and "marketing time" for the subject property are estimated to be the same. AREA ANALYSIS 6 AREA ANALYSIS The dynamic nature of economic relationships within a market area has a direct bearing on real estate values and the long-term quality of a real estate investment. In the market, the value of a property is not based on the price paid for it in the past or the cost of its creation, but on what buyers and sellers perceive it will provide in the future. Consequently, the attitude of the market toward a property within a specific neighborhood or market area reflects the probable future trend of that area. Since real estate is an immobile asset, economic trends affecting its location quality in relation to other competing properties within its market area will also have a direct effect on its value as an investment. To accurately reflect such influences, it is necessary to examine the past and probable future trends, which may affect the economic structure of the market and evaluate their impact on the market potential of the subject. This section of the report is designed to isolate and examine the discernible economic trends in the region and neighborhood, which influence and create value for the subject property. REGIONAL ANALYSIS THE CENTRAL VALLEY The Central Valley is 450 miles long, 40 to 60 miles wide, and contains 42,000 square miles. Geographically, the Central Valley can be divided into the northern Sacramento Valley (made up of ten counties) and the southern San Joaquin Valley (made up of eight counties). As of 2011, the estimated population of the Central Valley was in excess of 6.5 million people, or about one-sixth of the state's population. The largest cities include: Fresno, Sacramento, Bakersfield, Stockton and Modesto, all with populations in excess of 200,000. Population growth has resulted from a combination of natural increase and migration. The Central Valley contains an abundance of undeveloped land, which is low in price relative to that in the more developed coastal areas. On the negative side, much of the land is prime agriculture land and there has been increasing resistance to the loss of farmland for development. Much of the Central Valley is agricultural land and therefore has a seasonal employment base. State Government is the largest employer in the region. Other large employers include Sutter Health, Kaiser Permanente, Mercy Healthcare, Raley's Supermarkets, Hewlett-Packard, Pacific Bell, Packard Bell, Intel, UPS, Bank of America, NEC Electronics, US Computer Systems, Blue Diamond Growers, Campbell Soup Company, and the Sacramento Bee Newspapers. The economy has become increasingly diverse as technology companies seek lower cost locations as compared to the San Francisco Bay Area. This region also has a fairly well educated population base as compared to other regions within the State, but includes a large, unskilled migrant farm worker segment. AREA ANALYSIS 7 REGIONAL MAP Compiled by: BAAR AREA ANALYSIS 8 FRESNO COUNTY The Greater Fresno region is typically defined as all of Fresno County, Madera, Firebaugh and Chowchilla in Madera County; Hanford, Lemoore in Kings County; and Dinuba, Monson and Travers in Tulare County. This region is part of California's Central Valley, the nation’s leading agricultural area with more than eleven million acres of irrigated land. The City of Fresno is located approximately 200 miles southeast of San Francisco and 225 miles north of Los Angeles. Fresno is located in California's fertile central valley where agriculture is the main force of the area’s economy; its agriculture output serves both the San Francisco and Los Angeles markets. Over 500 trucking and warehouse facilities support the areas operations as well as two railways. According to recent estimates, the Fresno Metropolitan Area has a population of 942,904. Fresno has strong residential occupancy rates. Current occupancy rates are above 95% based on our discussions with local property managers and investors. Rental rates increased in recent years. Signs of market distress in the residential housing sector have appeared with median home prices in decline, notices of default and foreclosures at, or near, ten-year highs. Multi-family residential rental rates appear to be stable with moderate increases foreseen in the near future. Two major freeways serve the Fresno region: Interstate 99 connects Sacramento to the north and Bakersfield, and other cities to the south. Interstate 5, located 35 miles west of the subject, is the main north-south route through the interior of California; it travels from Mexico to Canada. Highway 180 serves as the main east-west freeway in the Fresno area. Fresno County’s unemployment rate was at 8.1% as of December 2017. The relatively high unemployment rate is typical of the Central Valley where employment is heavily dependent to agriculture related jobs, which tend to be seasonal. The economic profile for Fresno County shows a broad range of employment opportunities in growing industries such as call centers and back office operations, light assembly, packaging, and distribution/warehousing. Other thriving sectors include medical, financial and technological support services. ECONOMY Fresno County’s agricultural industry contributes around $6 billion annually to the California economy and supports roughly 20% of all local jobs. The metro remains one of the top producing agricultural regions in the nation. However, the region’s reliance on agriculture also exposes it to fluctuations in the market and external forces such as the weather. The drought that hit California over the last several years caused farmers to increasingly tap into their well water reserves, which increased not only expenses for drilling deeper wells but also the energy costs of pumping. Low water availability also leads to a reduction in crops, meat production, lower wages for employees, and higher food prices for consumers. AREA ANALYSIS 9 While employment growth is outperforming the national benchmark, the unemployment rate was still about double the national mark as of 18Q1. The Trade, Transportation, and Utilities sector continues to experience steady job growth, buoyed by the fact that the economy in Fresno is wedded to the agricultural industry. However, white-collar sectors haven’t been so fortunate. In fact, office-using employment still hasn’t returned to the prerecession peak, and the Financial Activities and Professional and Business Services sectors actually shed jobs in the last 12 months. POPULATION Fresno's population is estimated at 512,000, up from 467,600 in 2010. The greater Metropolitan Fresno area has a population estimated at 1.1 million. AREA ANALYSIS 10 INCOME Fresno’s average household income is $63,256, which is slightly higher than Fresno County at $62,865 and the surrounding cities of Chowchilla, Kerman, Kingsburg, and Madera but lower than the nearby city of Clovis, which has the highest average income of $74,391. LAND USE Fresno County has a large amount of land available for future residential, commercial, industrial, and business park development. Approximately 51% of Fresno’s current land inventory is available for development. About 46% is not available for development and a little over 2% of the land inventory has already been urbanized. As indicated above, there is still a substantial portion of land available, and we do not anticipate a shortage of land for development in the foreseeable future within Fresno County. EMPLOYMENT The unemployment rate in the Fresno County was 8.1 percent in December 2017, up from a revised 7.5 percent in November 2017, and below the year-ago estimate of 9.4 percent. This compares with an unadjusted unemployment rate of 4.2 percent for California and 3.9 percent for the nation during the same period. Fresno serves as the economic hub of Fresno County and California's San Joaquin Valley. The unincorporated area and rural cities surrounding Fresno remain predominantly tied to large-scale agricultural production. Sony Music Distribution/Sony Computer Entertainment is in Fresno, CA. According to the City's 2011 Comprehensive Annual Financial Report, the top employers in the city are: AREA ANALYSIS 11 # Employer # of Employees 1 Community Medical Centers 6,000 2 City of Fresno 3,790 3 Saint Agnes Medical Center 2,800 4 Kaiser Permanente 2,160 5 Pelco by Schneider Electric 2,029 6 Children's Hospital 1,996 7 Ruiz Foods, Inc 1,729 8 Chukchansi Gold Resort/Casino 1,385 9 Tachi Palace Hotel & Casino 1,200 10 Foster Farms 1,100 While the near term outlook for the region is guarded, the long-term outlook is more optimistic. As the economy continues to recover from the recent recession, the region should benefit from the recovery; however, near term growth for the region is projected to be limited. 2010 CENSUS DATA The 2010 United States Census reported that Fresno had a population of 494,665. The population density was 4,404.5 people per square mile. The Census reported that 485,798 people (98.2% of the population) lived in households, 4,315 (0.9%) lived in non-institutionalized group quarters, and 4,552 (0.9%) were institutionalized. There were 158,349 households, out of which 68,511 (43.3%) had children under the age of 18 living in them, 69,284 (43.8%) were opposite-sex married couples living together, 30,547 (19.3%) had a female householder with no husband present, 11,698 (7.4%) had a male householder with no wife present. There were 12,843 (8.1%) unmarried opposite-sex partnerships, and 1,388 (0.9%) same-sex married couples or partnerships. 35,064 households (22.1%) were made up of individuals and 12,344 (7.8%) had someone living alone who was 65 years of age or older. The average household size was 3.07. There were 111,529 families (70.4% of all households); the average family size was 3.62. The population was spread out with 148,823 people (30.1%) under the age of 18, 62,601 people (12.7%) aged 18 to 24, 135,076 people (27.3%) aged 25 to 44, 102,064 people (20.6%) aged 45 to 64, and 46,101 people (9.3%) who were 65 years of age or older. The median age was 29.3 years. For every 100 females there were 96.7 males. For every 100 females age 18 and over, there were 93.5 males. There were 171,288 housing units at an average density of 1,525.2 per square mile, of which 77,757 (49.1%) were owner-occupied, and 80,592 (50.9%) were occupied by renters. The homeowner vacancy rate was 2.6%; the rental vacancy rate was 7.6%. 235,430 people (47.6% AREA ANALYSIS 12 of the population) lived in owner-occupied housing units and 250,368 people (50.6%) lived in rental housing units. HOUSING More than half of Fresno's housing stock, or 54.82%, is owner-occupied as compared to 41.28% renter-occupied properties. This is suggestive of a housing market where the relative affordability of the market combines with a favorable economic environment has allowed residents to purchase homes. The median home value in Fresno is $230,600. Fresno home values have gone up 7.6% over the past year and Zillow predicts they will rise 6.5% within the next year. The median list price per square foot in Fresno is $161, which is lower than the Fresno Metro average of $166. The median price of homes currently listed in Fresno is $284,500 while the median price of homes that sold is $245,300. The median rent price in Fresno is $1,300, which is lower than the Fresno Metro median of $1,368. CITY OF FRESNO The subject property is located in Fresno, approximately 175 miles southeast of San Francisco on Highway 99. The city of Fresno encompasses roughly 100 square miles and is the largest community in the southern San Joaquin Valley with a population of approximately 501,362 as of July 2011. Fresno is nestled along Highway 99 in Fresno County and is considered by Forbes Magazine to be the 89th out of 200 cities for the Forbes 2000 “Best Places” list and was awarded an All-American City Award for 2000. Located in the center of the world’s richest agricultural region, Fresno is larger than both St. Louis and Atlanta. Fresno is culturally diverse with over 85 languages spoken in the schools due to the influx of immigrant groups. Fresno is also in the midst of rapid growth, having doubled in size in less than 20 years. The greatest development emphasis is in the northern sector although most properties, including the subject’s area, are experiencing modest growth. AREA ANALYSIS 13 Agriculture is the predominant industry within the Fresno area. The area is also known as a distribution hub for trucking and warehousing firms. Two railways operate intermodal facilities in Fresno County and serve all points north, south and east. The nation's largest parcel carriers, UPS, FedEx and DHL, all operate out of the Fresno-Yosemite International Airport. POPULATION Between July 2012 and July 2013, Fresno County's population grew just over 1%, which is the county's highest growth rate in three years. Fresno is growing faster than the state of California as a whole, and faster than other counties. The growth in the area is attributed to a growing Hispanic population, which makes up a first-time majority in Fresno. Between 2000 and 2010, the city of Fresno grew a whopping 41% as more Californians move inland to get away from the high cost of living on the coast. SUMMARY In summary, Fresno County and the City of Fresno are in the stable stage of their life cycles, following a period of rapid growth from 1990 through 2005. Because of significantly lower land prices, traditional agricultural areas are in transition to more intensive residential development. Growth will continue in unincorporated portions of the county, although parcels of agricultural land will continue to be protected by Williamson Act Contracts and land preservation zones. Fresno has a sufficiently diversified economy to support continued growth. Although the economy of the San Joaquin Valley has been negatively affected by the recent national and local recessions, the long-term economic outlook for this area is good. Cities and outlying areas are still experiencing population growth. Unemployment rates can be higher, but as the economy shifts from primarily agricultural to primarily service sector, these rates should moderate. While the near term outlook for the region is guarded, the long-term outlook is more optimistic. When the economy begins to recover from the current recession, the region should benefit from the recovery; however, near term growth for the region is limited. AREA ANALYSIS 14 CITY MAP Compiled by: BAAR AREA ANALYSIS 15 NEIGHBORHOOD INFLUENCES The subject is located in the southwestern portion of the City of Fresno. The area was historically agricultural in nature but has slowly been developed with a mix of residential, limited commercial, and industrial uses. The neighborhood has historically constituted the lowest priced within the city. The city is efforting to revitalize the area. The City of Fresno and the Southwest Fresno Community has incorporated and integrated several plans and affiliations into one concerted effort and specific plan for Southwest Fresno. The number one driving force behind the current effort to transform and revitalize Southwest Fresno is the Southwest Fresno Specific Plan (SWFSP). The SWFSP marks a historic planning and development milestone for the Southwest Fresno Community. With ample land available for development and a prime location next to Fresno’s downtown, Southwest Fresno has an enormous potential for positive change. The subject is located just west of Highways 41 and 99, which provide regional access to larger freeways and surrounding communities. The properties in the area have average market appeal and average market acceptance. We estimate that the vacancy rate in the immediate area is between 4% and 8% for residential uses. The neighborhood as well as its infrastructure is suburban. The streets are largely improved with concrete curbs and gutters, streets are paved with asphalt, and all utilities and city services are available to the neighborhood. The properties in the area generally reflect fair to average levels of maintenance and condition and the market appeal and acceptance of the properties is average. The neighborhood is in the stable stage of its life cycle. NEIGHBORHOOD RATINGS ExGdAvFrPr MAINTENANCE / CONDITION X PROPERTY COMPATIBILITY X APPEAL / APPEARANCE X PROTECTION / ADVERSE INFLUENCE X DEVELOPMENT POTENTIAL X RENTAL DEMAND X TRANSPORTATION / ACCESS X POLICE / FIRE PROTECTION X Conclusion The neighborhood has features and qualities, which contribute to a positive demand for real estate. All utilities are available throughout the neighborhood and the improvements in the area are generally in average condition. The streets and other public areas are also in average condition, and parking is adequate. The subject property benefits from the features of the neighborhood. The subject is conveniently located and sufficiently supported by nearby uses. AREA ANALYSIS 16 NEIGHBORHOOD MAP Compiled by: BAAR MARKET OVERVIEW 17 MARKET OVERVIEW Fresno is located in the middle of the Central Valley, and is one of the region’s most populous metros, with approximately 1 million residents. Encompassing Fresno County, a significant portion of economic activity in the area, like most Central Valley metros, is tied to agriculture. While job growth has outperformed the national average since 2012, non-agricultural employment is heavily concentrated in government, education and health services, sectors that typically do not offer robust income growth, but do soften market volatility. Multifamily fundamentals have been strong, as both vacancy and rent growth are outperforming the national averages. In fact, vacancies here have historically been limited, and 2018 has seen the mark trend in line with the metro's all-time low, as demand continued to outpace a limited number of deliveries. The lack of substantial income gains, combined with a median household income well below the statewide median, has traditionally limited rent growth. The past several years, however, have been exceptions. New construction, while more active here than in neighboring secondary metros, has been measured, helping to avoid a supply-driven rise in vacancies. Investors have taken note of the metro's strong fundamentals—annual sales volume has easily surpassed the $116 million historical average the past four consecutive years and has done so again in 2018. VACANCY Fresno offers the largest concentration of multifamily inventory among Central Valley metros but little high-end product. Renters make up nearly half of Fresno’s population, despite home prices that are much more affordable compared to most other metros in California. Even still, home ownership is out of reach for many residents. While the median single family home is about $260,000, Fresno’s median household income is only around $51,000, roughly MARKET OVERVIEW 18 20% below the state average. Furthermore, high-earning households are relatively scarce: Less than 20% of metro households earn $100,000 or more annually. Major metro employers include Cargill, Foster Farms and Zacky Farms, as the metro consistently ranks among the nation’s leaders for job growth in food manufacturing and processing. Another employer that has historically had a large presence in Fresno is the Internal Revenue Service (IRS). However, the IRS plans to shutter its 532,000 SF tax-processing center in 2021, which will result in the elimination of 3,000 jobs. One factor that does not help Fresno’s employment rate or income levels is location. On the one hand, the metro is near the geographical center of California and roughly 200 miles from each Los Angeles, San Francisco and Sacramento. Conversely, Fresno’s distance does not allow for “super-commuters” (a commute that is 90 minutes or more one way) to take advantage of the abundance of higher-paying jobs in other major metros. Residents of Central Valley locales like Stockton and Modesto have the opportunity to commute to Bay Area metros for example, but Fresno is too far removed from California’s major cities. As a result of steady demand and limited new construction this cycle, vacancies in Fresno have been tight in recent years. From 2014-17, vacancies averaged less than 5%. And occupancy levels have further increased in 2018. Indeed, in 18Q3, vacancy reached an all-time metro low of only 3.5%, or more than 200 basis points below the national average. The vacancy rate is currently 3.5%. MARKET OVERVIEW 19 RENT Healthy rent growth was slow to reach Fresno this cycle. While the metro only suffered one year of rent losses in the wake of the Great Recession, sluggish wage growth and the prevalence of low-paying jobs tied to the agriculture industry limited gains to less than 2% annually from 2010– 14. On the other hand, the average Fresno rent only consumes a little more than 20% of the median income, which has given landlords room to push rents in recent years without burdening renters. Rent growth has consistently averaged around 5% since 2015, and gains were about in line with that mark as of 18Q3. Rent growth is currently 4.1%. The average asking rent in Fresno is $950/month. Rates receive little boost from high-end product, as only about 5% of metro inventory is 4 & 5 Star-rated. Asking rents are about 20% lower than Stockton’s but roughly in line with Visalia’s and Bakersfield’s. While Stockton benefits from its proximity to the Bay Area and the exorbitant housing costs there, which have led to a steady exodus of Bay Area residents to nearby metros, the remoteness of Fresno, Visalia, and Bakersfield, however, precludes them from siphoning demand from major metros. North Fresno and East Fresno command some of the highest rents among the metro’s submarkets. North Fresno’s highly rated school system is a major draw for families, as is the easy access to employment nodes along two major highways, and East Fresno also benefits from being located near a variety of healthcare employers. South Fresno, home to the metro’s burgeoning downtown area, has one of the lowest asking rents in the metro. The submarket MARKET OVERVIEW 20 experienced limited demand over the past year and has a vacancy rate that is among the highest in the metro. CONSTRUCTION Developers have been confident enough in fundamentals to bring a steady, albeit modest, number of projects to Fresno. New supply has been added every year since 2005, and the largest amount of new construction this cycle occurred in 2017, when nearly 500 units delivered. Since 2010, metro inventory has increased by about 3% cumulatively. MARKET OVERVIEW 21 As of August 2018, around 500 units were under construction. One of the most significant projects is Vintage Park, a 160-unit community in the North Fresno Submarket, which broke ground in 2017 and may deliver as soon as 18Q4. The project will include amenities such as granite countertops, walk-in closets, and in-unit washer/dryers. Much of 2017’s new inventory was the result of one project. The 4 Star 350-unit Dominion Courtyard Villas delivered in the North Fresno Submarket, with the first phase of units coming on line in May and the remainder in November. The Ellis Enterprises’ developed community boasts large units targeted at family households searching for access to North Fresno's school districts, and high-end amenities that are uncommon in the metro. Asking rents are nearly double the metro average but lease up has been outstanding—the project was more than 95% occupied as of August 2018. Dominion Courtyard Villas’ biggest draw is its proximity to the top schools in the highly rated Clovis Unified School District. Furthermore, the property is only about a 10-minute drive from California State University, Fresno, and is directly between Highway 41 and Highway 168, which both lead to nearby employment nodes. Nearly half of new construction this cycle has been concentrated in the downtown area. For example, The Lede, a 3 Star 85-unit garden-style community developed by Granville Homes, delivered in the fall of 2016. The asset stabilized within two quarters of completion as demand from young professionals in the urban core continues to grow. Granville Homes has been one of the most active developer’s downtown, bringing six multifamily properties totaling roughly 250 units to the revitalized area since 2011. Granville Homes sold its portfolio of downtown assets in April 2017, including two projects that were under construction on L Street. MARKET OVERVIEW 22 SALES Fresno has received its share of investment activity this cycle, with sales volume topping $200 million on two occasions, or about double the metro’s long-term average. Little out-of-state capital finds its way here, and many buyers are metro-based. Inventory turnover has been robust in recent years, averaging almost 7% from 2014-17. By comparison, inventory turnover averaged about 3% from 2010-13. Pricing has jumped considerably in recent years. From 2013-16, the average price was about $60,000/unit. However, in 2017, the average price/unit increased to approximately $84,000, or a roughly 40% increase from the pace of the prior few years. The strength has continued in 2018— pricing has been about in line with last year's mark. One of the most noteworthy trades of late was the March 2018 trade of Jackson Park Place. The 3 Star 376-unit community was acquired by Fresno-based Golden State Financial Corporation for $51.5 million ($137,000/unit) at a reported cap rate of 5.7%. The North Fresno Submarket-located property was 96% leased, with asking rents about 25% higher than the submarket average at the time of sale. After sales got off to a slow start in 2017, volume leaped considerably in Q4 as a result of a large portfolio sale. In November, Los Angeles-based JRK Property Holdings acquired the 3 Star Dominion Heights Apartments and the 4 Star Crown Point & Cascades Apartments from Redwood City-based Demmon Partners for $98.8 million ($161,000/unit) at a reported cap rate of 5.5%. Located in the North Fresno Submarket, the properties combine for 614 units and were 100% occupied at the time of sale. Sales transactions here typically average around the $2.5 million mark, and one recent example is Manchester Arms, located in the North Fresno Submarket. In April 2018, the 2 Star 42-unit property was acquired by an individual investor for $2.45 million ($58,000/unit) at a reported cap rate of 8.5%. SITE ANALYSIS 23 SITE ANALYSIS The Description of the site can be detailed as follows: Location: The subject is located at the SW corner of Martin Luther King Boulevard @ E Church Avenue. Fresno (City and County), CA 93706. The subject is part of a large proposed development know as West Creek Village. The development will consist of single and multi-family development, commercial development, parkland, and the western campus of Fresno Community College. Parcel Number: Not assigned yet (see comments above) Land Area1 9.99 Acres – 435,164 SF Shape and Frontage: The subject parcel will represent a nearly oval site in the middle of the West Creek Village development. The parcel will have no direct street frontage. The subject of this appraisal will be portion of the site that will be dedicated as parkland. Refer to the aerial and plat maps provided below. Topography and Drainage: The site has a flat topography. Our investigation did not reveal any significant drainage problems. Soils: No soils report was provided. The soils are adequate for the existing grazing land and vineyard use. Easements and Encroachments: The Preliminary Report would contain reference to easements of record but was not provided for review. There does not appear to be any adverse easements or encroachments that would diminish the utility or marketability of the subject property. This valuation assumes that the fair market value of the subject property is not adversely affected by any easements, encroachments or other special conditions. Covenants, Conditions, and Restrictions: No private deeds or restricting covenants affecting development, other than zoning, were found to affect the site. 1 Source: Plat Map SITE ANALYSIS 24 Utilities: Combination of Public and Private. All utilities are or will be brought to the site. Flood Zone: According to maps published by the Federal Emergency Management Agency (FEMA), the subject lies in an unshaded flood Zone X, panel 06019C2110H, dated February 18, 2009 Zone X is defined as “areas determined to be outside 500-year floodplain determined to be outside the 1% and 0.2% annual chance floodplains.” Mandatory flood insurance purchase requirements do not apply, but coverage is available Environmental Issues: No evidence of hazardous waste or toxic materials was visible. The value estimate rendered in this report is predicated on the assumption that there is no hazardous material on or in the property that would cause a loss in value. No evidence of hazardous waste or toxic materials was visible. BAAR has no knowledge of the existence of these substances on or in the subject property. However, BAAR is not qualified to detect hazardous waste or toxic materials. Adjacent Properties North: Apartments / Community Center / SFR development South: Farm Land / Low Density Residential East: Gaston Middle School / SFR Subdivision West: Farm Land / Low Density SFR Conclusion: The subject is a comprised of a proposed 9.99-acre site that will be donated to the Community College district and will represent a central park area of the proposed West Creek Village. SITE ANALYSIS 25 AERIAL VIEW SITE ANALYSIS 26 PARCEL MAP SITE ANALYSIS 27 PARCEL MAP The subject is denoted as the green parcel TAX ANALYSIS 28 ZONING ANALYSIS The subject’s zoning requirements are detailed below. ZONING SUMMARY Current zoning: RS-5 / Residential Single Family (4,000 SF minimum site area per dwelling) Legally conforming Yes Uses permitted: SFR, grazing land, multi-family residential, parkland, schools, and other low density uses. Zoning change Possibly Zoning Analysis and Conclusions The purposes of the Residential Single-Family (RS) Districts are to: A. Provide for a variety of single-family residences built to urban or suburban standards to suit a spectrum of individual lifestyles and needs, and to ensure availability throughout the city of the range of housing types necessary for all segments of the community, consistent with the General Plan. B. Enhance the character of the city’s residential neighborhoods, while providing new opportunities for the development of a range of housing types throughout the city. C. Ensure that the scale and design of new development and alterations and additions to existing residences are compatible with the scale, mass, and character of their neighborhoods. D. Provide for appropriate densities within the ranges established in the General Plan. E. Protect the quality of the residential environment and secure the health, safety, and general welfare of the residents. F. Provide sites for neighborhood-serving uses such as parks, family day cares, libraries, and community facilities. G. Implement and provide appropriate regulations for General Plan classifications of “Low Density Residential,” “Medium Low Density Residential,” and “Medium Density Residential.” The subject may be rezoned to parkland upon completion of the subdivision. TAX ANALYSIS 29 TAX AND ASSESSMENT DATA The assessment and real property taxes shown on the table below for the current fiscal tax 2017/18-year. Parcel Number Not Issued Land Improvements Personal Property $0 $0 $0 Total Assessed Value $0 Tax Rate Annual Taxes Bond Assessments Direct Levies 0% $0 $0 $19 Total Taxes $19 Delinquent Taxes $0 Total Taxes $19 In the State of California, real estate is assessed at 100 percent of market value as determined by the County Assessor’s Office. The maximum tax rate cannot exceed 1 percent of the property’s appraised value, plus any special assess. The subject parcel does not yet exist and there is no corresponding APN or assessed value. Since the subject will be dedicated as parkland, it will not be assessed and will not be subject to property taxes. However, there will be direct levies that have been estimated on the table above. Proposition 13 was passed by voters in June 1978 and substantially changed the taxation of real estate in California. This constitutional amendment rolled back the base year for assessment purposes to the tax year 1975-1976. Annual increases in assessed value are limited to 2 percent per year, regardless of the rate of inflation. Real estate is subject to re-appraisal to current market value upon a change in ownership or new construction. The subject will likely be reassessed after the transfer and subsequent construction. Within the definition of “market value,” the assumption is made that the subject property will be sold on the open market and, thus, the property is reassessed for tax purposes for this appraisal. HIGHEST AND BEST USE 30 HIGHEST AND BEST USE In appraisal practice, the concept of highest and best use represents the premise upon which value is based. The four criteria that the highest and best use must meet are: • legal permissibility; • physical possibility; • financial feasibility; and • maximum profitability. Highest and best use is applied specifically to the use of a site as vacant. It is recognized that In cases where a site has existing improvements, the concluded highest and best use as if vacant may be different from the highest and best use given the existing improvements (as improved). The existing use will continue, however, until the land value, in its highest and best use, exceeds that total value of the property under its existing use plus the cost of removing or altering the existing structure. Implied in the highest and best use is recognition of the contribution of a specific use to the community environment or to the community’s development goals, in addition to wealth maximization of individual property owners. Also implied is that the conclusion of highest and best use results from the appraiser’s judgment and analytical skill, i.e., that the use determined from the analysis represents an opinion, not a fact to be found. Highest and best use analysis involves assessing the subject both as if vacant and as improved. HIGHEST AND BEST USE AS THOUGH VACANT Legal Permissibility The legally permissible uses were discussed in detail in the site analysis and zoning sections of this report. Overall, based on our review of the zoning restrictions, the site has several residential, civic, and related potential uses. The parcel is part of a larger development and may be rezoned to reflect the pending parkland use. Residential subdivision would be the highest and best use as vacant until the subject is converted for parkland use at what time this will be the highest and best use. The value of the subject herein reflects the single-family residential subdivision value as it is currently zoned. Physical Possibility The physical characteristics of the subject site were discussed in detail in the site analysis section of this report. Overall, the layout and positioning of the site in southwestern Fresno and warrants residential related uses. Financial Feasibility The test of financial feasibility is put only to those uses, which are legally permissible and physically possible. If the property is capable of generating a sufficient net income to cover the HIGHEST AND BEST USE 31 required rate of return on investment and provide a return to the land, then the usage is financially feasible within a defined price limit. BAAAR analyzed the financial feasibility of developing the subject site based on current market rental rates. This analysis compares the net operating income produced by appropriate improvements to the economic return on the property’s value. In essence, the net income produced by the proposed or new improvements must provide a return to the cost of the improvements. Maximum Profitability The final test of highest and best use of the site as though vacant is that the use is maximally productive, yielding the highest land value. In the case of the subject as though vacant, the analysis thus far has indicated that agricultural and residential related uses would be most likely. Conclusion: Highest and Best Use As Though Vacant Based on this discussion, it concluded that the Highest and Best Use of the subject site as vacant would be for residential related development. Overall, based on our review of the zoning restrictions, the site has several residential, civic, and related potential uses. The parcel is part of a larger development and may be rezoned to reflect the pending parkland use. Residential subdivision would be the highest and best use as vacant until the subject is converted for parkland use at what time this will be the highest and best use. The value of the subject herein reflects the single-family residential subdivision value as it is currently zoned. APPRAISAL METHODOLOGY 32 APPRAISAL METHODOLOGY The appraisal process is defined as an orderly program by which the problem is planned and the data involved is acquired, classified, analyzed and interpreted into an estimate of value. In this process three basic approaches to value are considered: Income Capitalization Approach, Sales Comparison Approach, and Cost Approach. In appraisal practice, an approach to value is included or omitted based on its applicability to the property type being valued and the quality and quantity of information available. The final step in the appraisal process is reconciliation -- a process by which BAAR analyzes alternative conclusions and selects a final value estimate from among two or more indications of value. BAAR weighs the relative significance, applicability and defensibility of each approach as it relates to the type of property being appraised. INCOME CAPITALIZATION APPROACH The methodology of the Income Capitalization Approach is to determine the income-producing capacity of the property on a stabilized basis by estimating market rent from comparable rentals, making deductions for vacancy and collection losses and building expenses, then capitalizing the net income at a market-derived rate to yield an indication of value. The capitalization rate represents the relationship between net income and value. The subject will be parkland associated with the larger development known as West Creek Village. As such it will not have income generating potential. The exclusion of this approach is not considered to affect the reliability of the value concluded herein. SALES COMPARISON APPROACH The Sales Comparison Approach utilizes sales of comparable properties, adjusted for differences, to indicate a value for the subject property. Valuation is typically accomplished using physical units of comparison such as price per square foot, price per unit, price per floor, etc., or economic units of comparison such as gross rent multiplier. Adjustments are applied to the physical units of comparison derived from the comparable sale. The unit of comparison chosen for the subject is then used to yield a total value. Economic units of comparison are not adjusted, but rather analyzed as to relevant differences with the final estimate derived based on the general comparisons. The reliability of this approach is dependent upon (a) the availability of comparable sales data; (b) the verification of the sales data; (c) the degree of comparability; (d) the absence of atypical conditions affecting the sales price. The subject is a special use property that has various components. There are adequate sales from various transactions to render a value for the subject. Accordingly, this approach has been included in the analysis. APPRAISAL METHODOLOGY 33 THE COST APPROACH The Cost Approach is based upon the proposition that the informed purchaser would pay no more for the subject than the cost to produce a substitute property with equivalent utility. This approach is particularly applicable when the property being appraised involves relatively new improvements which represent the highest and best use of the land or when relatively unique or specialized improvements are located on the site and for which there exist few sales or leases of comparable properties. The subject is currently vacant land and will be converted to parkland upon the completion of the subdivision. There will be park improvements completed by the ownership who will be donated the land. Given the particulars of the subject, the Cost Approach is not applicable. The exclusion of this approach is not considered to affect the reliability of the value concluded herein. CONCLUSION As noted above, the Sales Approach is the only approach developed in this valuation. This is the most appropriate approach and mirrors how the subject and similar properties are sold in the market. Accordingly, it is the basis for the reconciled value. SALES APPROACH 34 SALES COMPARISON APPROACH The Sales Comparison Approach provides an estimate of market value based on analyzing transactions of similar properties in the market area. The method is based on the proposition that an informed purchaser would pay no more for a property than the cost of acquiring an existing one with the same utility. When there are an adequate number of sales of truly similar properties with sufficient information for comparison, a range of values for the subject property can be developed. An investigation was made of sales and offerings of comparable properties in the relative market area of the subject property. The approach is based on the proposition that an informed purchaser would pay no more for a property than the cost of acquiring an existing property with the same utility. This approach is applicable when an active market provides sufficient quantity of reliable data that can be verified from authoritative sources. The sales summarized in the following page were selected as the most meaningful and relevant to the valuation of the subject. A map indicating the location of each comparable sale relative to the subject property is also presented below. The comparables are described in further detail in the following paragraphs. Adjustments to the per unit sale prices of the comparable properties are made in recognition of their relative differences in terms of dates of sale, locational, and physical characteristic differences. Various adjustments are applied to the comparable data in correlating it to the subject property. An adjustment grid is presented below. It should be noted that the adjustment process is not intended to be a scientific approach in valuing the property but, rather, a clarification of the adjustment process. The mathematics do not control the final value conclusion, but they do provide guidance as to a range of value within which the value of the subject property would most likely fall. A significant component to the proposed development is the funding provided to the State Center Community College District, who will develop the expanded Fresno Community College West Extension on the site. On January 29, 2018, the California Strategic Growth Council (CSGC) unanimously approved a $70 million competitive grant to improve the City of Fresno through community-led development and infrastructure projects. Included in this amount is $16.9 million allocated to onsite infrastructure associated with a proposed satellite college campus that will be constructed on the subject property. This would augment a $40 million commitment from the State Center Community College District to construct the campus. The resulting $56.9 million will be used to develop the infrastructure of the overall development along with the campus. These fund have a significant contributory value to the subject’s pending parcels as the off-site will be constructed at a cost to the SCCCD and not the subject or any other owner. There are various methods for valuing estate land acreage like the subject. The selected indicator is the price per acre. While the subject will be slated for use as parkland, it is currently zoned for multi-family residential and this represents its highest and best use. Accordingly, similarly zoned parcel have been included in the analysis. SALES APPROACH 35 SALE 1 is the transfer of land that is contained within 10 parcels. The property was acquired by a hotel operator but the eventual development will include other product types. The buyer paid all cash for the property at just below the list price of $1,762,500. Like the subject’s pending off- site, this comparable had similar development adding to the value. The comparable required an adjustment for the superior location in Clovis. The area has higher predominant values and rents. An adjustment was also applied for the smaller land area consistent with the principle of economies of scale. The final adjusted price per acre is $209,370. SALE 2 is the transfer of industrially zoned land that is located east of the subject. The parcel is part of a larger industrial related park. The comparable was acquired by a construction company to use as a yard. An adjustment was necessary for the inferior industrial zoning relative to the subject. Additionally, an adjustment for the inferior off-sites relative to the subject was necessary. The final adjusted price per acre is $207,447. SALE 3 is the transfer of land that is located in Clovis northeast of the subject. The buyer paid all cash for the property at just below the list price of $1,762,500. Like the subject’s pending off-site, this comparable had similar development adding to the value. The comparable required an adjustment for the superior location in Clovis. The area has higher predominant values and rents. An adjustment was also applied for the smaller land area consistent with the principle of economies of scale. The final adjusted price per acre is $193,910. SALE 4 is the transfer of two contiguous parcels that sold as one economic unit. The property was acquired by an investor/developer. The property is located near Herndon, which is an inferior location relative to the subject. An adjustment for the inferior zoning, which allows for less dense development was necessary. An adjustment for the lack of off-sites and the lack of connected utilities. The final adjusted price per acre is $182,713. . SALES APPROACH 36 SUBJECT SALE 1 SALE 2 SALE 3 SALE 4ADDRESSMLK @ Jensen 2509-2559 Clovis Avenue 2892 E Dorothy Avenue 2362 Herndon Avenue SEC Veterans Blvd @ BullardCITYFresno Clovis Fresno Clovis FresnoAPNPending 499-540-01, e al 328-200-85S/84S/-30 550-020-41 504-081-39S/504-081-40S SALE PRICE *** $1,725,000 $1,800,000 $1,738,500 $1,145,000PRICE/SF *** $299,100 $159,574 $267,462 $101,507 SELLER *** Clovis Centerpoint LP Matthew Prickett Walmsley Trust Dalena FamilyBUYER *** CA Clovis St LLC Donald Pickett Marc Opolo Ents Inc Butter Inv. Group LLCDOC # *** 26108 48949 34282 169852PROPERTY CONTACT *** Robert Fena Bill Daly Patrick Monreal Dick Ellsworth559-256-2436 559-490-2500 559-284-9028 559-447-6247 RIGHTS CONV'D Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple ADJ. SALE PRICE *** $1,725,000 $1,800,000 $1,738,500 $1,145,000FINANCING *** All Cash All Cash All Cash Conv./Cash ADJ. SALE PRICE *** $1,725,000 $1,800,000 $1,738,500 $1,145,000COND. OF SALE *** Market Market Market Market CONCESSIONS *** None None None NoneADJ. SALE PRICE *** $1,725,000 $1,800,000 $1,738,500 $1,145,000DATE OF SALE *** December-17 April-17 March-18 December-17 ADJ. SALE PRICE *** $1,725,000 $1,800,000 $1,738,500 $1,145,000SITE LOCATION Average Good -25% Average Good -25% Average- 40% SIZE 435,164 251,224 491,357 283,140 . 491,357 ZONING RS-4 PCC M-3 15% R2 R-1 10% VISIBILITY Good Good Average Average Average ACREAGE 9.99 5.77 -5% 11.28 6.50 -2.5% 11.28 IMPROVEMENTS None None None None None ORIENTATION Interior Corner Interior Interior Interior STREET FRONTAGE None Average Average Average Average SHAPE Oval Rectangular Rectangular Rectangular Irregular OFF SITES Good Good Average 15% Good Average 15% UTILITIES Available Available Available Available None 15%ADUSTED PRICE *** $1,207,500 -30% $2,340,000 30% $1,260,413 -27.5% $2,061,000 80%ADJUST. PRICE/SF *** $209,370 $207,447 $193,910 $182,713COMPARABLE LAND SALES SALES APPROACH 37 COMPARABLE SALES MAP SALES APPROACH 38 COMPARABLE PHOTOS SALE 1 SALE 2 SALE 3 SALE 4 SALES APPROACH 39 Value Conclusion The comparables are considered to be the best available at the time of this appraisal. With the most similar physical characteristics and features as the subject, they do provide for a reasonable value conclusion. All the comparables represented transfer of fee simple ownership. All of the comparables were financed with conventional or seller financing at market rates. As such, no adjustment for favorable financing is considered warranted. All the sales were deemed as market transactions and no adjustment is warranted. No concessions were noted for the sales. After adjustment, the sales selected for direct comparison to the subject, range in price from approximately $182,713 to $209,370 per usable acre, with an adjusted average of $198,360. Sales Equal weight is given to all the comparables as they bracket the subject’s features. After review and analysis of the comparable sales, we conclude that a unit price for the subject just near the average or $200,000 per usable acre is supportable. Accordingly, the fee simple value of the subject is calculated as follows: $200,000/Acre x 9.99 Acres = $1,998,000 Rounded = $2,000,000 Hypothetical Value Conclusion by the Sales Approach The opinion of hypothetical value for the subject property, by the Sales Approach, as of August 1, 2018, was: TWO MILLION DOLLARS ($2,000,000) RECONCILIATION OF VALUE 40 RECONCILIATION OF VALUE BAAR was instructed to estimate the market value of the leased fee estate in the subject property. The value conclusion for each applicable approach is summarized below. SUMMARY OF VALUE CONCLUSIONS AS IS LEASED FEE INTEREST Cost Approach Not Applied Sales Comparison Approach $2,000,000 Income Capitalization Approach Not Applied Source: BAAR The subject was appraised using the Sales Approach only. The Cost Approach is not applicable given the dilapidated improvements and the primary value associated with the land area. The Income Approach is not applicable for the valuation of the subject as it is not a viable income producing property and there is no comparable/similar rental data available. The Sales Approach is given primary weight as it is the only approach that was developed. HYPOTHETICAL MARKET VALUE Based on the appraisal techniques applied and the results thereof, it is the opinion that the “Hypothetical Value” of the fee simple interest in the subject property in its proposed condition, as of August 1, 2018, subject to the certifications, assumptions, limiting conditions, and estimated exposure period of 12 months, was: TWO MILLION DOLLARS ($2,000,000) ADDENDUM A D D E N D U M ADDENDUM QUALIFICATIONS OF APPRAISERS / LICENSES ASSUMPTIONS AND LIMITING CONDITIONS ADDENDUM APPRAISER RESUME APPRAISER’S NAME: Adam J. Hardej, Jr. FIRM NAME: BAAR Realty Advisors FAX/VM: 800-851-1855 Employment for the Last Ten Years BAAR Realty Advisors – California, Florida, & New England 2001 - Present PRINCIPAL/OWNER – FULL-SERVICE NATIONAL REAL ESTATE APPRAISAL & CONSULTING FIRM Appraisal & Consulting Expert Witness Services Key Global Finance (WHOLLY-OWNED SUBSIDIARY OF KEYCORP) 1996 - 2001 MANAGING DIRECTOR, VP OF UNDERWRITING AND ACQUISITIONS Direct national acquisitions, due diligence and underwriting in 20+ states. CB Richard Ellis 1994 - 1996 VICE PRESIDENT, REGIONAL MANAGER (CA, CENTRAL VALLEY) – APPRAISAL & CONSULTING SERVICES Member Golf & Lodging specialty Valuation Group Education MBA, THE HAAS SCHOOL OF BUSINESS, THE UNIVERSITY OF CALIFORNIA, Berkeley, CA 1974 - 1991 BA, Classics / Economics, BOWDOIN COLLEGE, Brunswick, ME 1979 - 1983 Appraisal Courses and Seminars for the last ten years: Advanced Land Valuation 7 hrs 3/18 Appraisal Institute USPAP Update 7 hrs 12/17 MBREA USPAP Update 7 hrs 12/15 MBREA USPAP Update 7 hrs 4/14 Appraisal Institute USPAP Update 7 hrs 3/12 Appraisal Institute USPAP Update 7 hrs 2/10 Appraisal Institute USPAP Update 7 hrs 5/08 Appraisal Institute USPAP Update 7 hrs 2/06 Appraisal Institute HP12C Course 7 hrs 11/04 Appraisal Institute Resid. Subdivision Analysis 5 hrs 11/04 Bert Rodgers Schools URAR Review 14 hrs 10/04 Bert Rodgers Schools FL Law 3 hrs 10/04 Appraisal Institute CT Law 3 hrs 9/04 Prof. Valuation & Real Estate School USPAP 16 hrs 4/04 Appraisal Institute USPAP 16 hrs 3/02 Appraisal Institute Economic Outlook 2 hrs 1/01 Appraisal Institute Seaport Planning 2 hrs 5/00 Appraisal Institute General Comp Exam MAI 2/99 Appraisal Institute Demo Writing Seminar 15 hrs 9/97 Appraisal Institute Valuation Analysis 40 hrs 6/96 Appraisal Institute Advanced Applications 40 hrs 9/95 Appraisal Institute Adv. Income Capitalization 40 hrs 6/94 Appraisal Institute USPAP, Part B 11 hrs 9/93 Appraisal Institute Appraisal Procedures 39 hrs 7/93 Appraisal Institute Basic Income Cap 39 hrs 7/93 Appraisal Institute USPAP, Part A 16 hrs 11/92 Appraisal Institute For the 60-month period, May 1991 - June 1996, I personally completed over 3,386 hours of commercial appraisals. Professional Licenses & Designations State of California, Certified General Appraiser AG018716 Designated Appraiser – ASA & MAI Qualified Expert Witness: Real Estate and Municipal-based Receivables (i.e. tax liens) related cases APPRAISER RESUME APPRAISER’S NAME: Luis Lorca DIRECT: 831-887-0118 FIRM NAME: BAAR Realty Advisors MOBILE 415-412-9232 FIELD OFFICES: San Francisco / Salinas FAX: 415.358-5956 EMAIL: luis@baarrealtyadvisors.com Mr. Lorca is an experienced real estate professional with over 10 years of experience in all property types. PROFESSIONAL EXPERIENCE BAAR REALTY ADVISORS – San Francisco & Salinas 2010-Present Managing Director •Appraisal & Consulting •Expert Witness Services •Business Valuations •Private Money Investment Advisory •Manage Field Appraisal Team •Investment Advisory •Tax Assessment Appeals PROPERTY SCIENCES GROUP – Pleasant 2001-2010 Senior Analyst •Commercial & Residential property appraisal expertise •Expertise Across a Broad Range of Property Types •Managed Litigation Support Team •DCF Modeling •Portfolio Valuation •Assisted Proprietary Software Development Team EDUCATION EXPERIENCE •MBA, Saint Mary’s College, Moraga, CA •BS, International Business, University of San Francisco PROFESSIONAL LICENSES & ACTIVITIES •California Real Estate Broker’s License (California) •State Certified General Licensed Appraiser (California, Oregon, Washington) •Appraisal Institute (Candidate for MAI Designation) REFERENCES AVAILABLE ADDENDUM ASSUMPTIONS AND LIMITING CONDITIONS 1. Unless otherwise specifically noted in the body of the report, it is assumed that title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to total that would adversely affect marketability or value. BAAR is not aware of any title defects nor has it been advised of any unless such is specifically noted in the report. BAAR, however, has not examined title and makes no representations relative to the condition thereof. Documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may affect the quality of title have not been reviewed. Insurance against financial loss resulting in claims that may arise out of defects in the subject property’s title should be sought from a qualified title company that issues or insures title to real property. 2. It is assumed that improvements have been constructed or will be constructed according to approved architectural plans and specifications and in conformance with recommendations contained in or based upon any soils report(s). Unless otherwise specifically noted in the body of this report, it is assumed: that any existing improvements on the property or properties being appraised are structurally sound, seismically safe and code conforming; that all building systems (mechanical/electrical, HVAC, elevator, plumbing, etc.) are, or will be upon completion, in good working order with no major deferred maintenance or repair required; that the roof and exterior are in good condition and free from intrusion by the elements; that the property or properties have been engineered in such a manner that it or they will withstand any known elements such as windstorm, hurricane, tornado, flooding, earthquake, or similar natural occurrences; and, that the improvements, as currently constituted, conform to all applicable local, state, and federal building codes and ordinances. BAAR professionals are not engineers and are not competent to judge matters of an engineering nature. BAAR has not retained independent structural, mechanical, electrical, or civil engineers in connection with this appraisal and, therefore, makes no representations relative to the condition of improvements. Unless otherwise specifically noted in the body of the report: no problems were brought to the attention of BAAR by ownership or management; BAAR inspected less than 100% of the entire interior and exterior portions of the improvements; and BAAR was not furnished any engineering studies by the owners or by the party requesting this appraisal. If questions in these areas are critical to the decision process of the reader, the advice of competent engineering consultants should be obtained and relied upon. It is specifically assumed that any knowledgeable and prudent purchaser would, as a precondition to closing a sale, obtain a satisfactory engineering report relative to the structural integrity of the property and the integrity of building systems. Structural problems and/or building system problems may not be visually detectable. If engineering consultants retained should report negative factors of a material nature, or if such are later discovered, relative to the condition of improvements, such information could have a substantial negative impact on the conclusions reported in this appraisal. Accordingly, if negative findings are reported by engineering consultants, BAAR reserves the right to amend the appraisal conclusions reported herein. 3. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property was not observed by the appraisers. BAAR has no knowledge of the existence of such materials on or in the property. BAAR, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. We have inspected, as thoroughly as possible by observation, the land; however, it was impossible to personally inspect conditions beneath the soil. Therefore, no representation is made as to these matters unless specifically considered in the appraisal. 4. All furnishings, equipment and business operations, except as specifically stated and typically considered as part of real property, have been disregarded with only real property being considered in the report unless otherwise stated. Any existing or proposed improvements, on or off-site, as well as any alterations or repairs considered, are assumed to be completed in a workmanlike manner according to standard practices based upon the information submitted to BAAR. This report may be subject to amendment upon re-inspection of the subject property subsequent to repairs, modifications, alterations and completed new construction. Any estimate of Market Value is as of the date indicated; based upon the information, conditions and projected levels of operation. 5. It is assumed that all factual data furnished by the client, property owner, owner’s representative, or persons designated by the client or owner to supply said data are accurate and correct unless otherwise specifically noted in the appraisal report. Unless otherwise specifically noted in the appraisal report, BAAR has no reason to believe that any of the data furnished contain any material error. Information and data referred to in this paragraph include, without being limited to, numerical street addresses, lot and block numbers, Assessor’s Parcel Numbers, land dimensions, square footage area of the land, dimensions of the improvements, gross building areas, net rentable ADDENDUM areas, usable areas, unit count, room count, rent schedules, income data, historical operating expenses, budgets, and related data. Any material error in any of the above data could have a substantial impact on the conclusions reported. Thus, BAAR reserves the right to amend conclusions reported if made aware of any such error. Accordingly, the client-addressee should carefully review all assumptions, data, relevant calculations, and conclusions within 30 days after the date of delivery of this report and should immediately notify BAAR of any questions or errors. 6. The date of value to which any of the conclusions and opinions expressed in this report apply, is set forth in the Letter of Transmittal. Further, that the dollar amount of any value opinion herein rendered is based upon the purchasing power of the American Dollar on that date. This appraisal is based on market conditions existing as of the date of this appraisal. Under the terms of the engagement, we will have no obligation to revise this report to reflect events or conditions, which occur subsequent to the date of the appraisal. However, BAAR will be available to discuss the necessity for revision resulting from changes in economic or market factors affecting the subject. 7. BAAR assumes no private deed restrictions, limiting the use of the subject property in any way. 8. Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposit or subsurface rights of value involved in this appraisal, whether they be gas, liquid, or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this appraisal report. Unless otherwise stated it is also assumed that there are no air or development rights of value that may be transferred. 9. BAAR is not aware of any contemplated public initiatives, governmental development controls, or rent controls that would significantly affect the value of the subject. 10. The estimate of Market Value, which may be defined within the body of this report, is subject to change with market fluctuations over time. Market value is highly related to exposure, time promotion effort, terms, motivation, and conclusions surrounding the offering. The value estimate(s) consider the productivity and relative attractiveness of the property, both physically and economically, on the open market. 11. Any cash flows included in the analysis are forecasts of estimated future operating characteristics are predicated on the information and assumptions contained within the report. Any projections of income, expenses and economic conditions utilized in this report are not predictions of the future. Rather, they are estimates of current market expectations of future income and expenses. The achievement of the financial projections will be affected by fluctuating economic conditions and is dependent upon other future occurrences that cannot be assured. Actual results may vary from the projections considered herein. BAAR does not warrant these forecasts will occur. Projections may be affected by circumstances beyond the current realm of knowledge or control of BAAR. 12. Unless specifically set forth in the body of the report, nothing contained herein shall be construed to represent any direct or indirect recommendation of BAAR to buy, sell, or hold the properties at the value stated. Such decisions involve substantial investment strategy questions and must be specifically addressed in consultation form. 13. Also, unless otherwise noted in the body of this report, it is assumed that no changes in the present zoning ordinances or regulations governing use, density, or shape are being considered. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, nor national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report is based, unless otherwise stated. 14. This study may not be duplicated in whole or in part without the specific written consent of BAAR nor may this report or copies hereof be transmitted to third parties without said consent, which consent BAAR reserves the right to deny. Exempt from this restriction is duplication for the internal use of the client-addressee and/or transmission to attorneys, accountants, or advisors of the client-addressee. Also exempt from this restriction is transmission of the report to any court, governmental authority, or regulatory agency having jurisdiction over the party/parties for whom this appraisal was prepared, provided that this report and/or its contents shall not be published, in whole or in part, in any public document without the express written consent of BAAR which consent BAAR reserves the right to deny. Finally, this report shall not be advertised to the public or otherwise used to induce a third party to purchase the property or to make a “sale” or “offer for sale” of any “security”, as such terms are defined and used in the Securities Act of 1933, as amended. Any third party, not covered by the exemptions herein, who may possess this report, is advised that they should rely on their own independently secured advice for any decision in connection with this property. BAAR shall have no accountability or responsibility to any such third party. 15. Any value estimate provided in the report applies to the entire property, and any pro ration or division of the title into fractional interests will invalidate the value estimate, unless such pro ration or division of interests has been set forth in the report. 16. The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Component values for land and/or buildings are not intended to be used in conjunction with any other property or appraisal and are invalid if so used. ADDENDUM 17. The maps, plats, sketches, graphs, photographs and exhibits included in this report are for illustration purposes only and are to be utilized only to assist in visualizing matters discussed within this report. Except as specifically stated, data relative to size or area of the subject and comparable properties has been obtained from sources deemed accurate and reliable. None of the exhibits are to be removed, reproduced, or used apart from this report. 18. No opinion is intended to be expressed on matters, which may require legal expertise or specialized investigation, or knowledge beyond that customarily employed by real estate appraisers. Values and opinions expressed presume that environmental and other governmental restrictions/conditions by applicable agencies have been met, including but not limited to seismic hazards, flight patterns, decibel levels/noise envelopes, fire hazards, hillside ordinances, density, allowable uses, building codes, permits, licenses, etc. No survey, engineering study or architectural analysis has been made known to BAAR unless otherwise stated within the body of this report. If the Consultant has not been supplied with a termite inspection, survey or occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranty is made concerning obtaining these items. BAAR assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for the Federal flood Insurance Program should be contacted to determine the actual need for flood Hazard Insurance. 19. Acceptance and/or use of this report constitutes full acceptance of the Contingent and Limiting Conditions and special assumptions set forth in this report. It is the responsibility of the Client, or client’s designees, to read in full, comprehend and thus become aware of the aforementioned contingencies and limiting conditions. Neither the Appraiser nor BAAR assumes responsibility for any situation arising out of the Client’s failure to become familiar with and understand the same. The Client is advised to retain experts in areas that fall outside the scope of the real estate appraisal/consulting profession if so desired. 20. BAAR assumes that the subject property analyzed herein will be under prudent and competent management and ownership; neither inefficient or super-efficient. 21. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 22. No survey of the boundaries of the property was undertaken. All areas and dimensions furnished are presumed to be correct. It is further assumed that no encroachments to the realty exist. 23. The Americans with Disabilities Act (ADA) became effective January 26, 1992. Notwithstanding any discussion of possible readily achievable barrier removal construction items in this report, BAAR has not made a specific compliance survey and analysis of this property to determine whether it is in conformance with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the ADA. If so, this fact could have a negative effect on the value estimated herein. Since BAAR has no specific information relating to this issue, nor is BAAR qualified to make such an assessment, the effect of any possible non-compliance with the requirements of the ADA was not considered in estimating the value of the subject property. 24. No consideration has been given in this appraisal as to the value of the property located on the premises considered by the appraiser to be personal property, nor has the appraiser given consideration to the costs of moving or relocating such personal property; only the real property has been considered in this appraisal. Additionally, the comparable data was of real property only, and no personal property was considered with any market data. 25. The liability of the authors of this appraisal report, BAAR Realty Advisors, and any other employees / contractors of BAAR Realty Advisors is limited to the fee collected for preparation of this appraisal report. 26. Acceptance of, and/or use of, this appraisal report constitutes acceptance of the above conditions. ADDENDUM SPECIFIC ASSUMPTIONS AND LIMITING CONDITIONS 1. The estimate of marketing time is less than 12 months based upon such items as statistical information about days on market; information gathered through sales verification; interviews of marketing participants; and anticipated changes in market conditions. The reasonable marketing time is a function of price, time, use, and anticipated market conditions such as changes in the cost and availability of funds; not an isolated estimate of time alone. 2. This appraisal has been prepared from very limited property data provided by the client. Due to the lack of property specific descriptions and economic data from primary sources, BAAR was required to obtain information from best available sources, which included public records, owners, tenants and others. Every effort has been made to verify all information used within this report; however, it was in some instances necessary for BAAR to make critical assumptions to complete this assignment. BAAR reserves the right to amend its opinion of value at a later date should information become available which would significantly change the stated opinion of values. All value opinions expressed herein are as of the date of value. In some cases, facts or opinions are expressed in the present time. All opinions are expressed as of the date of value, unless specifically noted. The research and preparation of this appraisal took place in August and September 2018. The effective date of valuation is August 1, 2018 for the as is value. There are no events that must occur between the date of last inspection of the subject property and the date of valuation in order to conclude the value reported herein. Thus the reported value is predicated on the specific assumption that the status of the property as of the date of valuation is not materially different that it was on the date of BAAR last inspection of the subject property. The appraisal is based on real estate and economic conditions as best perceived as of the date of the report. 3. The report and parts thereof and any additional material submitted, may not be used in any prospectus or printed material used in conjunction with the sale of securities or participation interests in Public Offering as defined under U.S. Security laws. Further, neither all nor any part of this appraisal report shall be disseminated to the general public by the use of advertising media, public relations media, news media, sales media, or other media for public communication without the prior consent of BAAR. The use of all or any part of this report in connection with real estate tax shelters, syndication of interests in real estate, the offering of securities, shares or partnership interests in real estate or any other public or private offering without the specific written consent of BAAR is not authorized. Neither the whole, nor any part of this report, nor any reference thereto may be included in any document, statement, appraisal or circular without the signatories’ prior written approval of the form and context in which it is to appear. 4. Any “after tax” income or investment analysis and resultant measures of return on investment are intended to reflect only the possible and general market considerations, whether as part of estimating value or estimating possible returns on investment at an assumed value or Price paid. Any stated conclusion referred to as “Investment Value” should not be construed as being representative of “Market Value” since the prospectus of the Client may be based upon individual investment requirements, as distinguished from the concept of market value, which is impersonal and detached. Market value and investment value may coincide when a client’s investment criteria are consistent with prevailing market tends and conditions. In this instance, the two value estimates may be numerically identical, but the two types of value are not interchangeable. BAAR does not claim expertise in tax matters and advises the client to seek competent tax advice from a qualified income tax advisor. 5. The reasonable exposure time is 12 months based on current market conditions. The reasonable exposure time inherent in the market value concept is always presumed to precede the effective date of the appraisal. We also recognize the exposure time is different for various types of real estate and under various market conditions and that the reasonable exposure time should always incorporate the answer to the question, “For what kind of real estate at what value range?” rather than appear as a statement of an isolated time period. 6. This study is not being prepared for use in connection with litigation. Accordingly, no rights to expert testimony, pretrial or other conferences, deposition, or related services are included with this appraisal. If, as a result of this undertaking, BAAR or any of its principals, its appraisers or consultants are requested or required to provide any litigation services, such shall be subject to the provisions of BAAR engagement letter or, if not specified therein, subject to the reasonable availability of BAAR and/or said principals or appraisers at the time and shall further be subject to the party or parties requesting or requiring such services paying the then-applicable professional fees and expenses of BAAR either in accordance with the provisions of the engagement letter or arrangements at the time, as the case may be. 7. All data considered significant that was requested for this assignment was received by BAAR. Exhibit H FMFCD Storm Drainage and Flood Control Master Plan For Drainage Area “SS” COUNCIL DISTRICT 3 PROJECT REVIEW COMMITTEE PROJECT REVIEW November 26, 2019 Project Record PROJECT INFORMATION VOTING ITEM: Plan Amendment and Rezone Application No. P18-03290 proposes to re-designate 89.63 acres of existing land, previously analyzed under Plan Amendment Application No. A-17-007, to varying land uses as specified in the attached operational statement. APN: 479-050-11T (Southwest Fresno, District 3, Councilmember Miguel A. Arias) COMMITTEE RECOMMENDATION APPROVE APPROVE WITH CONDITION(S) DENY NO ACTION NO COMMENTS/CONCERNS DARDEN MINAMI GRAY HERNANDEZ FUENTES SAUNDERS Approve Y M S - - A Deny Abstain Absent COMMITTEE CONDITIONS / COMMENTS Member Saunders abstained from the vote due to a conflict. The Committee was supportive of the application and recommended approval of the application. Staff Facilitator: __________________________ Date: ____________________ 11/26/2019 COUNCIL DISTRICT 3 PROJECT REVIEW COMMITTEE PROJECT REVIEW January 28, 2020 Voting Record ITEM 9C PROJECT INFORMATION RECONSIDERATION of Plan Amendment and Rezone Application No. P18-03290. Plan Amendment and Rezone Application No. P18-03290 proposes to re-designate 89.63 acres of existing land, previously analyzed under Plan Amendment Application No. A-17-007, to varying land uses as specified in the attached operational statement. APN: 479-050-11T Sponsor(s): Applicant – 2500 MLK LLC COMMITTEE RECOMMENDATION APPROVE APPROVE WITH CONDITION(S) DENY NO ACTION DARDEN FUENTES GRAY HERNANDEZ MINAMI SAUNDERS Approve M - Y A S A Deny Abstain Absent COMMITTEE CONDITIONS / COMMENTS – The Committee would like to see single- family homes be constructed before the multi-family dwelling units, the Committee expressed an interest in reviewing entitlement applications on the subject property prior to approval from the Planning and Development Department, and the Committee expressed concern about residential structures being three-story. The Committee expressed an interest in seeing the height of dwelling units not to exceed two-stories. Staff Facilitator: __________________________ Date: ____________________ January 28, 2020 Transform Fresno PlanPartner Award SummaryProject # Project Name Partner Project Type Total TCC FundingTotal Leverage CommitmentFresno Housing AuthorityAffordable Housing and Sustainable Communities $ 10,807,319.00 $ 12,822,370.00 City of Fresno AHSC $ 977,902.00 2EOC Partnership for Energy Savings and GHG Reductions in SW Fresno Fresno Economic Opportunities CommissionLow-Income Weatherization $ 3,208,377.70 $ - 3 GRID Solar Collaborative Single-Family Partnership GRID AlternativesLow-Income Weatherization $ 883,826.41 $ 535,807.55 4 GRID Solar Collaborative Multi-Family Partnership GRID AlternativesLow-Income Weatherization $ 352,549.43 $ 109,999.95 5 Southwest Fresno Trail City of Fresno Urban Greening $ 1,978,959.00 $ - 6 Chinatown Urban Greening City of Fresno Urban Greening $ 6,965,696.00 $ - 7 Clean Shared Mobility NetworkFresno Metro Black Chamber of CommerceLow Carbon Transportation: Car Sharing and Mobility $ 7,717,014.21 $ 2,292,900.00 1 Chinatown Housing ProjectProject Summary: The project will install improvements to paved pedestrian facilities in Chinatown, improving active transportation and connections to the adjacent planned High Speed Rail Station. Lighting and greening improvements will also be installed. The proposed improvements are located on: F from Mariposa to Ventura, Kern from G Street to E Street and Mariposa from E Street to G Street. Street trees will be placed approximately every 30’ on F Street, Kern Street and Mariposa. A portion of a green alley will also be funded by this project from Tulare to Kern and Inyo to Ventura. The remaining segment from Kern to Inyo is incorporated into CCI Project #1 (Chinatown Mixed-Use Project at HSR West Entrance). This project achieves several goals of the TCC Program including: reducing greenhouse gas emissions through carbon sequestration, installing facilities that encourage active travel, and increasing the urban tree canopy. The City of Fresno Department of Public Works will provide long-term operations and maintenance of the pedestrian and greening improvements.Project Summary: The proposed Chinatown project will be a high density, 4-story mixed-use development with 4695 square feet. of ground floor retail space. The Chinatown project will have 56 affordable workforce housing units, and one (1) manager’s unit. The site consists of 0.60 acres of vacant land at 1101 F Street, Fresno, CA 93706 and is within one block of the proposed High Speed Rail Station and across the street from the proposed City Park. This project provides affordable housing, encourages use of mass transit and pedestrian walkways, and provides new retail space to stimulate economic development. There are three Sustainable Transportation Improvements (STI) planned. STI #1 will improve active transportation access to a transit stop in Chinatown located on F and Tulare Streets through the installation of 14 LED streetlights on F Street. Lighting will be installed from Fresno to Ventura Street. STI #2 will increase the urban tree canopy and provide more greenspace in Chinatown. This will be accomplished through planting 26 trees on F Street from Fresno to Mariposa Streets. One parklet will also be installed within these limits. STI #3 will reconstruct China Alley between Kern and Inyo into a permeable green alley and install strand lighting to increase visibility. The City of Fresno will provide the long-term operations and maintenance of the improvements.Project Summary: The project will install energy efficiency and solar water heating measures on 170 single-family homes in Southwest Fresno. The project will also assess, design, and install 510,000 watts of solar photovoltaic systems on 135 single-family homes in the TCC Project Area. Fresno EOC will provide on the job training and Sun Power certification of crews from the target area (approximately 6 trainees total). Fresno EOC and GRID Alternatives (CCI Project #3) will coordinate their outreach and installation plans. Fresno EOC will provide technical support to homeowners during the post-installation warranty period.Project Summary: GRID Alternatives will install 183 kilowatts of solar photovoltaic systems on 60 single-family homes in Southwest Fresno. GRID will also host monthly energy efficiency workshop classes and community outreach activities on solar qualification, training opportunities, and educating the community on energy efficiency and consumer behaviors that save money on electrical utility bills (led by partners Fresno Center for New Americans and Stone Soup Fresno). 100% of project beneficiaries shall be low-income families falling below 80% AMI in the TCC Project Area. The project will target 133 TCC area individuals for on the job training in solar. GRID Alternatives will provide technical support to homeowners during the post-installation warranty period.Project Summary: GRID Alternatives will install 91 kilowatts of solar photovoltaic panels on 5 Fresno Housing Authority multi-family buildings. 100% of project beneficiaries shall be low income families falling below 80% AMI in the TCC Project Area. The project will train 67 TCC area individuals for jobs in solar. The project aims to improve air quality and provide direct economic benefit for West Fresno families through electrical utility cost savings. GRID Alternatives will provide technical support during the post installation warranty period.Project Summary: This project will install a Class I Trail along the Fanning Ditch Alignment, from West to Thorne. The project will also plant 102 trees and landscaping to increase the urban tree canopy and add trail and street lighting facilities. An associated project under the Community Engagement Plan led by USGBC-CC will facilitate community input during the design phase of the project. The City of Fresno Department of Public Works will provide long-term operations and maintenance of the trail and improvements.1 Transform Fresno PlanPartner Award SummaryProject # Project Name Partner Project Type Total TCC FundingTotal Leverage Commitment8 Annadale Mode Shift Self Help Enterprises Active Transportation $ 343,000.00 $ 150,000.00 9 Mariposa Plaza City of Fresno Urban Greening $ 3,859,000.00 11 Southwest Urban Forest Expansion City of FresnoUrban and Community Forestry $ 212,199.21 12Yosemite Village Permaculture Community Garden & Urban Farm IncubatorFresno Metro MinistryUrban and Community Forestry $ 367,500.00 $ 434,153.00 13 Park at MLK Magnet Core City of Fresno Urban Greening $ 5,489,606.53 $ 1,500,000.00 14 Inside Out Community GardenFresno Economic Opportunities CommissionUrban and Community Forestry $ 98,000.00 Project Summary: The project will establish a low carbon transit system of electric vehicle and bicycle shares, to provide low- or no-cost services throughout the Project Area and will include an EV car share (hourly) with below-market rates for lower-income members (34 cars); EV vanpool to employment centers (8 vans); Electric bike share (200 bikes); Electric vehicle charging infrastructure (Level 2 and 3 electric vehicle service systems (EVSE) for the 42 vehicles); volunteer driver program providing electric vehicle rides to underserved residents; and a Mobility Hub Customer Service Center that will provide a physical location for engaging with the program. The Fresno Metro Black Chamber of Commerce and the project partners will develop a long-term operations and maintenance plan for the system during the first year of the grant term.Project Summary: The project will install approximately 14,070 square feet of sidewalk, approximately 1,196 linear feet of Class II bike lanes, and signage for approximately 1,085 linear feet of Class III bike lanes on East Annadale Avenue between South M.L.K. Jr Boulevard and South Elm Avenue. The project will close a gap of pedestrian path on the street that links an elementary school, community building, health clinic, and current and proposed affordable housing sites. The City of Fresno Department of Public Works will provide long-term operations and maintenance of the improvements. In conjunction, Self-Help Enterprises will use leverage funds to conduct public outreach to educate residents and other community members on the transportation options, and to connect them with existing subsidy programs such as Taxi Scrip and Handy Ride and other City of Fresno Transit programs.Project Summary: The Mariposa Plaza Activation project refreshes a significant downtown plaza and enhances its connection to the future High Speed Rail station. Renovations will include tree planting, landscaping, installation of permeable paving, and a rainwater capture pavilion. It will maintain its historic use as a place for public speaking and community events. The project adds to these functions by improving the infrastructure for those events and rearranging the relationship between the historic stage and the open audience area. Other improvements such as the addition of public artwork and canopies for shade cement the cultural significance of the area while keeping the plaza flexible for a wide range of public events. The artwork has already been created and selected for this project. The City of Fresno Department of Public Works will provide long-term operations and maintenance of the improvements.Project Summary: This project will plant approximately 295 trees along existing sidewalks, in street medians, park strips, and parks in southwest Fresno. Proposed locations include Jensen Median from 41st to MLK (35 trees), Elm Medians from Ventura to Jensen (80 trees), Fruit and Jensen Buffer (150 trees), Tupman Park (15 trees), and Chandler Park (15 trees). The City will partner with a community organization to engage residents in tree planting and education in the park locations, and the partner and the City will provide basic planting education and ensure proper planting procedures to maximize long-term tree health and building urban forestry capacity in the community. The City of Fresno Department of Public Works will provide long-term maintenance on all trees andcollaborate with the local Urban Forester as needed.Project Summary: Fresno Metro Ministry is partnering with the Fresno Housing Authority to develop a resident-led community garden and urban green space in Southwest Fresno behind the 69-unit Yosemite Village housing complex (872 West Atchinson Court). The 7-acre site is less than 150 yards from the designated California Avenue BRT corridor. The project will incorporate organic and permaculture techniques including non-mechanical, no-till, no-spray methods that promote carbon sequestration and water conservation. The garden/farm includes native habitat, insectaries, fruit trees, greenhouse, walking path, composting, farm stand, and is available for general Southwest Fresno community use. Garden activities will be integrated with nutrition/cooking skills classes and job training/entrepreneurship opportunities. Farm activities on three (3) half-acre demonstration parcels will also be integrated with the outreach, education, and training programs. The project will establish a Garden Leadership Committee that will manage the garden’s operations and maintenance of the garden, and Fresno Metro Ministry will manage the operations and maintenance of the farm plots and green space. The Youth Leadership Institute will lead multi-cultural, multi-generational, multi-lingual outreach to residents and community members, to engage the community in the project site’s programming. Outreach activities will include permaculture training, canvassing, informational presentations, tabling events, social media, and quarterly focus groups.Project Summary: The project will design and construct a new approximately 9.5 acre public park in the center of a planned residential development adjacent to the new West Fresno Satellite Campus (CCI Project #18), on the west side of MLK Jr. Boulevard between Church and Jensen Avenues. The TCC grant will fund the design phase, property acquisition, and park construction which include landscaping of 100 trees, low water use plantings, a walking path, irrigation, restroom, utilities infrastructure, site furnishings, and LED lighting. The City of Fresno Department of Public Works will provide long-term operations and maintenance of the park improvements.Project Summary: The project will build a community garden at Sunset Community Center (1345 West Eden Avenue) that will include site preparation, garden construction and planting, volunteer recruitment, and community engagement on garden maintenance, harvesting, and cooking demonstrations. The Lead Entity and partners will survey the community for produce preferences, plant trees and vegetables with community volunteers, and conduct regular community events teaching proper nutrition and tasting a variety of recipes. The garden will include fruit trees, an ADA accessible planter box, benches, a tool shed, and composting box. The grounds and trees will be maintained long term in accordance with the existing MOU between the City of Fresno and Fresno EOC.2 Transform Fresno PlanPartner Award SummaryProject # Project Name Partner Project Type Total TCC FundingTotal Leverage Commitment15 Southwest Fresno Community Food Hub: Community Orchard Fresno Food CommonsUrban and Community Forestry $ 262,500.00 $ 436,255.00 16 Southwest Fresno Community Food Hub: Urban Heat Island MitigationFresno Food Commons Urban Greening $ 62,220.00 $ 70,500.00 17Southwest Fresno Community Food Hub: Edible Food Rescue and DistributionFresno Food CommonsFood Waste Prevention and Rescue $ 1,488,280.00 $ 2,062,365.80 18 Fresno City College: West Fresno Satellite CampusState Center Community College DistrictUrban Greening $ 16,542,745.66 $ 70,000,000.00 19 Chinatown Property Based Improvement District City of Fresno Leverage Only $ - $ 75,000.00 20EOC Partnership for Energy Savings and GHG Reductions in SW Fresno: EFMP Plus-Up Vehicle Replacement and Incentives Fresno Economic Opportunities CommissionLeverage Only $ - $ 530,000.00 21 TCC ConnectorCity of Fresno Transportation DepartmentLeverage Only $ - $ 3,532,774.00 Project Summary: The project will develop a satellite campus in West Fresno (Church Avenue between Walnut Avenue and MLK Jr. Boulevard) with a park-like setting with large areas of urban greening: new bicycle and pedestrian paths connected to the neighborhood’s active transportation plan (approximately 1 mile each), planting over 450 trees to maximize shading around buildings and pathways, landscaping with drought resistant plants, outdoor study spaces, and green infrastructure for storm water retention and groundwater recharge (bio-swales and permeable paving). The new campus will provide residents with workforce training and educational pathways and will offer technical certificates and degree programs leading to both traditional and “green economy” employment outcomes and increased community health benefits. The new satellite campus will also promote entrepreneurism to transform the region and serve as a Magnet Core to catalyze improvements in the overall environmental health of the region. Fresno City College will provide long-term operations and maintenance of the campus urban greening improvements.Project Summary: The project will construct a 0.73-acre community orchard and bio swales at a new Southwest Fresno Community Food Hub (southeast corner of Fruit and California Avenues). Food Commons Fresno will plant over 120 citrus, stone fruit, and nut trees and manage the orchard using organic and biodynamic practices. The bio swales will utilize hügelkultur methods using previously removed wood and biomass, which will capture carbon in soil and woody biomass. Community members and an on-site manager will manage the orchard. The project aims to increase orchard management awareness, access to fresh fruit and nuts, access to shade, and recreation and health outcomes through picnic areas, walking paths, and experiential learning opportunities for the community. Food Commons Fresno will manage the long-term operations and maintenance of the community orchard.Project Summary: The project will design a collection basin and a cistern to store rainwater for irrigation use, an entry plaza with permeable surface, and native plant landscaping and shade trees at the new Southwest Fresno Community Food Hub (southeast corner of Fruit and California Avenues). The landscape design and architecture process will balance the planned building (food distribution center and grocery store) and natural environment. The project will plant approximately 50 drought tolerant and low water usage trees, drought tolerant landscaping, a collection basin to recharge the well(s) on the property and underlying aquifer, and a cistern to reduce the need for well water. The project aims to provide a comfortable environment for public events such as seasonal community markets, while reducing the heat island effect, capturing water runoff, and increasing the future building’s energy efficiency. Food Commons Fresno will manage the long-term operations and maintenance of the landscaping and storm water reduction improvements.Project Summary: The project will create an ugly fruit program and expand a food waste prevention and rescue program to reduce off-farm edible food waste. Food Commons Fresno will expand its transportation, storage, sorting, and processing capabilities to distribute edible food waste (currently being landfilled or composted) to food pantries, food kitchens, and community organizations. The sorted and processed foods will be directed through existing Ooooby CSA and Wholesale businesses, along with hunger related programs. During the first year of the grant, the project will expand its food waste diversion operations at its existing site; once the food hub site is acquired and prepared after the first year of the grant, the operations will relocate and further expand at the new Southwest Community Food Hub (southeast corner of Fruit and California Avenues). The project will create new quality jobs and increase access to fresh local food within Southwest Fresno. The project will also conduct seasonal community markets at the new California and Fruit site to enhance access to fresh, local and healthy food. Food Commons Fresno will manage the long-term operations and maintenance of the new food distribution site.Project Summary: Plan to set up a Property Based Improvement District (PBID) in Chinatown to complement the TCC infrastructure and housing projects in Chinatown. The project will fund a PBID feasibility study to identify and assess property owners in Chinatown, set up a framework for the PBID District Formation, and create a draft Management District Plan. Project goal is the formation of a Chinatown PBID District through a public hearing and ballot process.Project Summary: Fresno EOC will identify approximately 135 households that may qualify for the EFMP Plus-Up program through the TCC-funded CCI Project #2. Valley CAN will assess the qualifications of the households to participate in the EFMP Plus-Up program and will provide approximately 50 vehicle replacements, 20 home charging stations, 10 home service panel upgrades, and 40 PG&E Clean Fuel Rebate Program Incentives.3 Transform Fresno PlanPartner Award SummaryProject # Project Name Partner Project Type Total TCC FundingTotal Leverage Commitment22 Southwest Offsite Improvements City of Fresno Leverage Only $ - $ 15,732,648.00 WDP Workforce Development Plan - OLR WizardsFresno Area Workforce Investment BoardTransformative Plans 1,249,432.00$ 210,049.44$ WDP Workforce Development Plan - VOICE GladiatorFresno Economic Development CommissionTransformative Plans1,960,500.00$ -$ City of Fresno 891,083.00$ 763,152.00$ USGBC Central California 138,540.00$ DAP Displacement Avoidance Plan City of Fresno Transformative Plans-$ 60,500.00$ GA Grant Administration City of Fresno Grant Administration643,749.85$ -$ TOTAL 66,500,000.00$ 111,318,474.74$ Project Summary: The Displacement Avoidance Plan will outline data, research and policies that will be pursued through the City process in an effort to prevent displacement of businesses and residents in the project area.Project Summary: Administrative costs may account for up to ten (10) percent of the awarded TCC funds. Administrative costs are defined as costs directly tied to the administration of the TCC grant and may include, but is not limited to: activities required for coordinating the Grantee/Partner relationship, reporting, invoicing, etc. Administrative costs may include, but are not limited to: staff salaries and benefits, supplies, and other resources used to administer the grant. This definition supersedes any definition of administrative costs provided by other California Climate Investment programs, with the exception of the AHSC Program.Project Summary: The City of Fresno Department of Transportation will increase transit frequencies from 30 minutes to 15 minutes on Route 38 from Downtown to Jensen and Cedar. A portion of this service improvement will be located within the TCC Project Area. The service improvements within the Project Area will require the purchase of two (2) 40-foot electric buses and the construction of an electric charging station.Project Summary: The project will install active transportation infrastructure including trails, sidewalks, and bike lanes as well as underground power lines, and make water utility and roadway improvements around the new Fresno City College: West Fresno Satellite Campus (CCI Project #18). The boundaries of the project are MLK Jr. Boulevard, Church, Jensen and Walnut Avenues. These improvements will support multimodal travel in the neighborhood and access to the new community college campus.Project Summary: This workforce project will provide training, soft skills development, mentorship and job placement for 120 local participants as welders. Targeted recruitment for this program will take place in the Project Area and each participant that completes the program will have the skills and training to be hired as a certified welder.Project Summary: The Community Engagement Plan will solicit local partners to host and participate in outreach activities in the project area. Several engagement strategies will be deployed for a greater amount of community involvement and knowledge for the community of the Transform Fresno projects. A component of the CEP will be lead by the US Green Building Council of Central California ($138,540) and includes a bicycle trail design outreach process and a bicycle education program. An outreach process will engage residents and stakeholders in the planning of the Southwest Fresno Trail project (CCI Project #5) to provide input and valuable feedback into the Fanning Ditch Bike Trail. USGBC-CC and Urban Diversity Design will collaborate with appropriate city and planning and engineering consultants and stakeholders to ensure resident and stakeholder input in the planning process. A bicycle education program will prepare the transition to more active transportation usage in Southwest Fresno by educating and engaging active transportation users, and raising bicycle safety awareness among the general populationCEP Community Engagement Plan Transformative PlansProject Summary: This workforce project will provide training, soft skills development, mentorship and job placement for 200 local participants in low emissions truck driving. Targeted recruitment for this program will take place in the Project Area and each participant that completes the program will have the skills and training to be hired as a certified truck driver.4 19'759'23' 89'57'1265'164'718'196'444'307'183' 250' 250'1557'315'312'1019'1368' 425' 405'1089'514'839' 595'855'631'1241'935'936'1275'E TOWER AVE E GROVE AVE E BYRD AVE E GARRETT AVE E KAVILAND AVE SKNIGHTAVES FAIRVIEW AVES MARTIN LUTHER KING JR BLVDE TOWER AVE E GROV E AVE E BYRD AVE E KAVILAND AVE E GARRETT AVE E DRUMMOND AVE ALYSKNIGHTAVE S WELLER STALYALYSBARDELLSTS WALNUT AVEE TOWER AVE E JENSEN AVE E CHURCH AVE RS-5 PI RS-5 RS-5 CR NMX RS-5 PR RS-5 RS-5 RS-5 RS-5 RS-5 O RS-5 PI RM-1 0 500 1,000250Feet/ EXHIBIT A City Limits Propose to amend the Official Zone Map to Medium Density Residential (26.58 acres), Medium High Density Residential (21.32acres), Open Space (11.74 acres), Community Commercial (3.08 acres), and Regional Commercial (26.96 acres) City of Fresno County of Fresno RS-5 toRS-5 (5.24 acres); RM-1 (1.73 acres) P18-03290APN:479-050-10, 479-050-12, 479-060-02, 4790-60-03, 479-060-08, 479-060-09, 479-060-10, 479-060-11Northwest corner of East Jensen and South Martin Luther King Jr. Blvd. RS-5 (6.75 acres);PR (9.51 acres)toRS-5 (3.88 acres);PR (4.52 acres); RM-1 (13.69 acres) RS-5 toRM-1 (1.34 acres); PR (7.00 acres);CR (1.66 acres) RS-5 toRS-5 (1.49 acres); PR (0.22 acres);CR (5.77 acres); RM-1 (2.14 acres)RS-5 (15.19 acres); CR (4.30 acres) toRS-5 (15.97 acres);CR (1.10 acres); RS-5 (1.65 acres); CR (7.81 acres)toCR CRtoCR CRtoCR PI (6.48 acres); CC (2.43 acres); to RS-5 (3.88 acres); CC (3.08 acres); 1275'936'935'1241'631'855'595' 839'514'1089'405' 425' 1368'1019'312'315'1557'250' 250' 183'307'444'196'718'164'1265'57'89'19'759'23' E TOWER AVE E GROVE AVE E BYRD AVE E GARRETT AVE E KAVILAND AVE SKNIGHTAVES FAIRVIEW AVES MARTIN LUTHER KING JR BLVDE TOWER AVE E GROVE AV E E BYRD AVE E KAVILAND AVE E GARRETT AVE E DRUMMOND AVE ALYSKNIGHTAVES WELLER STALYALYS BARDELL STSWALNUTAVEE TOWER AVE E JENSEN AVE E CHURCH AVE rmh rm psm rm rm pc rm orp rm rm rm rm rm co rm rm psm rm rm rm rm rm rm rm rm rm rm rm rm rm rm rmrm rm rm rm cr rm nmx rm rm rm rm rm P18-03290APN:479-050-10, 479-050-12, 479-060-02, 4790-60-03, 479-060-08, 479-060-09, 479-060-10, 479-060-11Northwest corner of East Jensen and South Martin Luther King Jr. Blvd. 0 500 1,000250Feet/ EXHIBIT A City Limits Request to amend the Fresno General Plan City of Fr esno County of Fresno c (6.48 acres); cc (2.43 acres); to rm (3.88 acres); cc (3.08 acres); rm (6.75 acres);cp (9.51 acres)torm (3.88 acres);cp (4.52 acres); rmh (13.69 acres) rm torm (1.49 acres); cp (0.22 acres);cr (5.77 acres); rmh (2.14 acres) crtocr crtocrrm (1.65 acres); cr (7.81 acres)tocr rm (15.19 acres); cr (4.30 acres) torm (15.97 acres);cr (1.10 acres) rm tormh (1.34 acres); cp (7.00 acres);cr (1.66 acres) rm torm (5.24 acres); rmh (1.73 acres) City Council Hearing February 13, 2020 Plan Amendment and Rezone Application No. P18-03290 filed by Daniel J. Zoldak of Lars Andersen & Associates on behalf of Sylvesta Hall of 2500 MLK LLC pertaining to ±89.68 acres of existing land previously analyzed under approved Plan Amendment Application No. A-17-007. City Council Hearing February 13, 2020 City Council Hearing February 13, 2020 VICINITY MAP City Council Hearing February 13, 2020 CURRENT GENERAL PLAN PLANNED LAND USE AND ZONE DISTRICT MAP Community Park 9.51 Acres (PR Zone District) College 6.48 Acres (PI Zone District) Community Commercial 2.43 Acres (CC Zone District) Medium Density 50.18 Acres (RS-5 Zone District) Regional Commercial 21.08 (RC – Zone District) City Council Hearing February 13, 2020 PROPOSED GENERAL PLAN PLANNED LAND USE AND ZONING REZONE E. Jensen Avenue E. Church Avenue S. Walnut Avenue S. Martin Luther King, Jr. Boulevard •Community Commercial 3.08 acres (CC Zone District) •Regional Commercial 26.96 acres (RC Zone District) •Medium High Density Residential 21.32 acres (RM-1 Zone District) •Community Park 11.74 acres (PR Zone District) •Medium Density Residential 26.58 acres (RS-5 Zone District) City Council Hearing February 13, 2020 PUBLIC INPUT The applicant held the following public meetings prior to submitting Plan Amendment/Rezone Application No. P18-03290: 1.Discovery Meetings with community stakeholders – February 7, 2018 2.Multi-Day Charrettes, 2018, at Rutherford B. Gaston Middle School: February 7th and 26th March 19th, 20th, and 21st In addition to the public meetings held by the applicant, meetings were held through Transform Fresno concerning the $4.5M allocation for the community park within the project area, and other projects within Downtown, Chinatown, and Southwest Fresno. City Council Hearing February 13, 2020 PUBLIC INPUT, CONTINUED The Airport Land Use Commission approved a finding of consistency of the Plan Amendment/Rezone application at their November 4, 2019 meeting Per FMC Section 15-5007-B-2, a Notice of Public Hearing was mailed to surrounding property owners within 1,000 feet on December 23, 2019 for the January 22, 2020 City Council Hearing. The applicant and City staff met with concerned residents about the proposed project at Rising Star Missionary Baptist Church on Friday, January 10, 2020 at 4:00 p.m. City staff has met with residents and Council President Miguel Arias to answer questions from concerned residents living near the project area. At the January 22, 2020 Planning Commission meeting, the item was continued to February 13, 2020. A new Notice of Public Hearing was mailed to surrounding property owners within 1,000 feet on January 22, 2020. City Council Hearing February 13, 2020 The Plan Amendment/Rezone Application was reviewed by the District 3 Project Review Committee at their regular meeting on November 26, 2019. The Committee recommended approval on a 3-0-1 vote. At the request of Council President Miguel Arias, the Plan Amendment/Rezone Application was re-reviewed by the District 3 Project Review Committee at their regular meeting held on January 28, 2020. The Committee reaffirmed their recommendation of approval on a 3-0-2 vote. DISTRICT 3 PROJECT REVIEW COMMITTEE The maximum dwelling units currently allowed: The current proposal by the applicant: City Council Hearing February 13, 2020 ASSOCIATED ITEMS Addendum to the previously adopted Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-007/R-17-010/ANX-17-007. Development Agreement between the City of Fresno and 2500 MLK LCC City Council Hearing February 13, 2020 STAFF RECOMMENDATION 1.ADOPT an addendum to the previously adopted Mitigated Negative Declaration prepared for Environmental Assessment No. A-17-007/R-17-010/ANX-17-005/TPM, dated August 2, 2017. 2.RESOLUTION APPROVING – Approving Plan Amendment Application No. P18-03290 proposing to amend the Fresno General Plan and the Southwest Fresno Specific Plan to the following designations on the subject parcel: Community Park for 9.51 acres, College for 6.48 acres, Medium Density for 50.18 acres, Regional Commercial for 21.08 acres, and Community Commercial for 2.43 acres to Medium Density Residential for 26.58 acres, Medium High Density Residential for 21.32 acres, Community Park for 11.74 acres, Community Commercial for 3.08 acres, and Regional Commercial for 26.96. 3.BILL (for introduction and adoption) – Approving Rezone Application No. P18-03290 proposing to amend the Official Zone Map to rezone the subject property as follows: from 50.18-acres of RS-5 (Residential Single-Family), 21.08-acres of CR (Regional Commercial), 6.48-acres of PI (Public & Institutional), 2.43-acres of CC (Community Commercial), and 9.51-acres of PR (Park and Recreation) to 26.58-acres to RS-5 (Residential Single-Family), 21.32-acres to RM-1 (Residential Multi-Family), 3.08-acres to CC (Community Commercial), 11.74-acres to PR (Park and Recreation), and 26.96-acres to CR (Regional Commercial). 4.BILL (for introduction) – Approving a Development Agreement between the City of Fresno and 2500 MLK LLC, pertaining to future development of real property situated on the northwest corner of East Jensen Avenue and South Martin Luther King, Jr., Boulevard. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00174 Agenda Date:2/13/2020 Agenda #: REQUEST TO APPEAR BEFORE THE CITY COUNCIL February 13, 2020 Appearance by Jason D.Poulter to discuss the safety in the area where he resides (Speaker resides in District 7) City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-0027 Agenda Date:2/13/2020 Agenda #: REPORT TO THE CITY COUNCIL February 13, 2020 FROM: BY: SUBJECT Actions Pertaining to the FY 2020 Budget Update 1. ***RESOLUTION - 14th amendment to the Annual Appropriation Resolution (AAR) No. 2019-133 to appropriate $6,603,400 for operating programs and capital improvement projects citywide and reallocate $1,000,000 of existing General Fund appropriations for new operational activities. (Requires 5 affirmative votes) (Subject to Mayor’s veto) RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment:Resolution City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00220 Agenda Date:2/13/2020 Agenda #: REPORT TO THE CITY COUNCIL February 13, 2020 FROM:MAYOR LEE BRAND BY:TIM A. ORMAN, Chief of Staff to the Mayor Mayor’s Office SUBJECT Actions pertaining to City Animal Shelter: 1.RESOLUTION - Regarding the development of an animal control and related services facility and findings of consistency with the Master Environmental Impact Report and the City’s General Plan 2.Adopt a finding of Statutory Exemption pursuant to CEQA Guidelines Section 15183 3.Approve a purchase and sale agreement with The Gap, Inc., for property located at 3400 Gap Drive, Fresno, CA RECOMMENDATIONS Mayor and Staff recommend the Council adopt the CEQA 15183 exemption for this project,and approve this agreement with The Gap,Inc.,to purchase 5.1 acres of land located at the Fresno Distribution Center Campus for $1.00 to be used to build an Animal Control Facility. EXECUTIVE SUMMARY The City of Fresno has an urgent need to build a new animal control facility to serve the needs of the community.Staff has been negotiating with The Gap,Inc.since September of last year and finally reached agreement in January. BACKGROUND The Mayor,City Manager and their respective staffs in cooperation with the City Council have been evaluating a variety of alternatives to provide state-mandated animal control facilities to City residents since last summer.After learning that constructing a new facility could cost less than remodeling an existing building by using a nearly complete design provided to the City by Derrell Ridenour and Tim Simons,the discussion changed direction to determine how much land is necessary and the best possible location for the facility.After consulting with experts from the University of California Davis and others on design modifications and additions,it was determined that three acres was the minimum land area necessary to build a facility that met the City’s needs.This agreement provides City of Fresno Printed on 12/12/2022Page 1 of 3 powered by Legistar™ File #:ID 20-00220 Agenda Date:2/13/2020 Agenda #: minimum land area necessary to build a facility that met the City’s needs.This agreement provides the City with 5.1 acres that will allow for any unplanned, but necessary future expansion. The City’s real estate consultants and City staff looked at many different sites which had the necessary zoning and infrastructure to support such a facility.Around the same time,a group led by Ed Kashian,Sal Gonzales and Councilmember Bredefeld contacted The Gap about the possibility of donating land for this project. This agreement is the result of those initial contacts. The agreement itself provides for the City to purchase 5.1 acres of land for $1.00.The City will pay all closing costs and The Gap’s attorney fees for outside counsel required to complete this transaction. The City is purchasing this property AS-IS.The agreement is for the City to build an animal shelter of at least 25,000 square feet (the design is well over 30,000 square feet)and a construction cost of at least $12 million.In addition,the agreement requires the City to start construction on or before December 31,2020,and to open the facility on or before December 31,2021.The deadlines are extended if circumstances beyond the City’s control create delays.This agreement also includes a reversion clause that the property reverts back to The Gap if the City does not build an animal shelter on the property. ENVIRONMENTAL FINDINGS The proposed project is considered to be exempt from environmental review pursuant to CEQA Guidelines Section 15183,projects consistent with a community plan,general plan,or zoning.The proposed project is consistent with the land use designations and development intensities assigned to the project by the City of Fresno General Plan.Cumulative impacts associated with development and buildout of the project site,as proposed,were fully addressed in the City of Fresno Master EIR (SCH#2012111015)(MEIR).Since the proposed project is consistent with the land use designation and development intensity for the site identified in the General Plan and analyzed in the MEIR, implementation of the proposed project would not result in any new or altered cumulative impacts beyond those addressed in the MEIR. LOCAL PREFERENCE Not applicable. FISCAL IMPACT Funding for the $1.00 purchase price is available in the Mayor’s budget.Funding for The Gap’s attorney’s fees and other costs will come from funding available in the FY20 City General Purpose Department budget. Attachments: Resolution California Environmental Quality Act Exemption 15183 Purchase and Sale Agreement City of Fresno Printed on 12/12/2022Page 2 of 3 powered by Legistar™ File #:ID 20-00220 Agenda Date:2/13/2020 Agenda #: City of Fresno Printed on 12/12/2022Page 3 of 3 powered by Legistar™ CITY OF FRESNO CEQA GUIDELINES SECTION 15183 STATUTORY EXEMPTION Notice of Exemption was filed with: FRESNO COUNTY CLERK 2220 Tulare Street Fresno, California 93721 on _________________ The CEQA Guidelines 15183 Statutory Exemption Environmental Checklist and the Fresno General Plan Master Environmental Impact Report are on file in the Planning and Development Department, Fresno City Hall, 3rd Floor 2600 Fresno Street Fresno, California 93721 (559) 621-8277 ENVIRONMENTAL ASSESSMENT NUMBER: P20-00511 APPLICANT: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: City: City of Fresno County: Fresno County Intersection of North Cargo Lane and East Airways Boulevard ±5.1-acre portion of an 85.36-acre parcel located northeast of the intersection of North Cargo Lane and East Airways Boulevard Site Latitude: 36°46’58.62” N Site Longitude: 119°42’51.92” W Mount Diablo Base & Meridian, Township 13S, Range 21E Section 20 – California Assessor’s Parcel Number: 494-030-42S Environmental Assessment No. P20-00511 was filed by the City of Fresno. The City of Fresno has proposed to design, develop and construct a new facility consisting of eight buildings for animal control services for the City of Fresno, operated by a third-party organization. The following services would be available at the facility: 1. Operation of an animal shelter with necessary facilities to provide all animal control, pound master, veterinary and animal sheltering services, facilities and related activities as authorized and required by applicable laws. 2. Licensed onsite veterinary services available during normal business hours and emergency response for afterhours service. 3. Licensed staff to dispense and supply the controlled substances necessary for performance of field captures, euthanasia, and vaccinations including Rabies, Bordetella, DAPP and general de-wormers for dogs and FERCP and de-wormer vaccinations for cats. 4. Open to the public for stray drop-off Monday-Saturday 10:00 a.m. - 4:00 p.m. Animal control officers respond to calls for stray pick-up Monday-Saturday from 8:00 a.m. - 4:00 p.m.; officers are available 24 hours a day, 7 days a week for emergency calls, as well. Hours may be extended seasonably based on needs. 5. A secured sallyport for intake of animals with separate secure staff parking away from the public. 6. Indoor/outdoor kennels for dogs 7. Play yard area 8. See attached Schedule 1 for details on number of employees 9. Animal Clinic – The project includes an approximately 7,478 square foot (sf) animal clinic. The facility will not offer open/walk up services and will only service animal intake. The animal clinic will also include some additional kennel space for the animals. 10. Public foot traffic 50-100 people a day 11. Employee peak hours –Staff arrives in the morning hours to assist with cleaning of the kennels/facility, feeding, walking, etc. Peak hours for employee activity are from 8 a.m. – 1 p.m. 12. Types of other customers and deliveries a. Food delivery – large delivery trucks, weekly b. Chemicals – large delivery truck, monthly c. FedEx, UPS, Mail type services – daily d. Rendering Truck – large semi-truck 1-2 times weekly e. Rescue or other non-profit type for animal transfers – box trucks, 1-2 weekly. 13. The interior kennels and outdoor areas would be connected to the public sanitary system. Animal urine would be washed down the public sanitary sewer system and animal feces w ould be disposed of in the solid waste collection bins. 14. Euthanized animals would be collected by a licensed dead animal hauler. Cremation of animals is not permitted and will be a Condition of Approval. Buildings The proposed project includes eight structures totaling approximately 39,794 sf on-site, which would be made with pre-engineered metal buildings. Building A at approximately 14,875 sf would house public functions, adoption housing, as well as cat quarantine and isolation housi ng, all intake functions, and other miscellaneous administrative functions. Buildings B (approximately 1,559 sf), D (approximately 2,403 sf), E (approximately 4,418 sf), F (approximately 2,403 sf), and G (approximately 4,118 sf) total 14,901 sf and each would include dog kennels and dog isolation housing with animal support functions. Building C at approximately 2,540 sf would be for storage and service. Lastly, Building H (approximately 7,478 sf) would include an animal clinic and additional dog kennels. There would be a total of 79 parking spaces, including 62 standard stalls, 4 low emitting/fuel- efficient stalls, four electric vehicle charging stalls, and nine ADA parking stalls. Site access will be provided by a new driveway off of East Airways Boulevard located at the intersection of North Cargo Lane and East Airways Boulevard. Property Location & Parcel The project site consists of an 85.36 -acre parcel bordered on the north by W est Dakota Avenue, on the west and south by East Airways Boulevard, and industrial development and vacant land on the west. The Assessor’s Parcel Number (APN) is 494-030-42S. The project would occur on an approximately 5.1-acre portion of the parcel located directly northeast of the intersection of N orth Cargo Lane and East Airways Boulevard bordered by a basin to the east and solar panels to the north. Entitlements Environmental Assessment No. P20-00511 would require the submittal of an Air Impact Assessment (AIA) application to the SJVAPCD, pursuant to SJVAPCD requirements. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified. !©N Minnewawa AveNDewittAveEE d ith Dr N Walker AveE P o n ti a c W ay E Dak o t a A v e E G r i f f i t h W a yE A vi g a tionW a yE Westover Ave N Fine AveE Ai r c o r p W a yN Perry WayE A n d e r s e n A v e NLeyteAveWPontiacWay W Dakota Ave EMunda Av e E Buckingh a m WayLind AvePelco WayESalernoDr RalphLnN E Hampton Way NBlattellaLnE Bellaire Way N Air Cargo LnE Pontiac Way E Saginaw W a y E Lansing W a y NGapDrVillaAveE Pe r i m e t e r R d W ASHLAN AVE E CLINTONAVE EASHLANAVE E DAKOTA AVE N PEACH AVEE AI R W A Y S B L V D Airways Golf Club Station 10 E AIRWAYS BOULEVARD ANIMAL SHELTER Vicinity Map³ 0 500250 Feet 1:12,000 Legend Preferred Site City Boundary Assessor Parcels by Jurisdiction City of Fresno City of Clovis Fresno County !©City of FresnoFire Department Airport Runway Fresno YosemiteInternational Aiport Park Sources: City of Fresno GIS; Fresno County GIS; Google Maps. Date: January 21, 2020. City of Fresno City of Clovis UnincorporatedFresno County E AIRWAYS BOULEVARD ANIMAL SHELTER Site PlanLegend Project Site Boundary/New Parcel Area (±5.1 acres) Planned Building Assessor Parcel Boundary Sources: City of Fresno Department of Public Works; Fresno County GIS. Date: February 5, 2020. APN 494-030-42S APN 4940-303-7ST APN494-030-52 APN 494-030-51S NEW PARCEL PARKING LOT MAP LABEL BUILDING TYPE SQUARE FOOTAGE A Administration 14,875 B Kennel 1,559 C Service and Storage 2,540 D Kennel 2,403 E Kennel 4,418 F Kennel 2,403 G Kennel 4,118 H Clinic and Kennel 7,478 39,794 NUMBER OF STALLS 62 4 4 9 79 BUILDING DATA TOTAL PARKING DATA TOTAL Standard Electric Vehicle Charging Low Emitting/Fuel-Efficient STALL TYPE Accessible A B CD EF G H EASTAIRWAYSBOULEVARD EASTAIRWAYSBLVD ³ 0 10050 Feet 1:1,800 CITY OF FRESNO NOTICE OF EXEMPTION Filed with: FRESNO COUNTY CLERK 2220 Tulare Street, Fresno, CA 93721 EA No. P20-00511 PROJECT SPONSOR: City of Fresno Planning and Development Department 2600 Fresno Street Fresno, CA 93721 PROJECT LOCATION: City: City of Fresno County: Fresno County Intersection of North Cargo Lane and East Airways Boulevard ±5.1-acre portion of an 85.36-acre parcel located northeast of the intersection of North Cargo Lane and East Airways Boulevard Site Latitude: 36°46’58.62” N Site Longitude: 119°42’51.92” W Mount Diablo Base & Meridian, Township 13S, Range 21E Section 20 – California Assessor’s Parcel Number: 494-030-42S PROJECT DESCRIPTION: Environmental Assessment No. P20-00511 was filed by the City of Fresno. The City of Fresno has proposed to design, develop and construct a new facility consisting of eight buildings for animal control services for the City of Fresno, operated by a third-party organization. The following services would be available at the facility: 1. Operation of an animal shelter with necessary facilities to provide all animal control, pound master, veterinary and animal sheltering services, facilities and related ac tivities as authorized and required by applicable laws. 2. Licensed onsite veterinary services available during normal business hours and emergency response for afterhours service. 3. Licensed staff to dispense and supply the controlled substances necessary for performance of field captures, euthanasia, and vaccinations including Rabies, Bordetella, DAPP and general de-wormers for dogs and FERCP and de-wormer vaccinations for cats. 4. Open to the public for stray drop-off Monday-Saturday 10:00 a.m. - 4:00 p.m. Animal control officers respond to calls for stray pick-up Monday-Saturday from 8:00 a.m. - 4:00 p.m.; officers are available 24 hours a day, 7 days a week for emergency calls, as well. Hours may be extended seasonably based on needs. 5. A secured sallyport for intake of animals with separate secure staff parking away from the public. 6. Indoor/outdoor kennels for dogs 7. Play yard area 8. See attached Schedule 1 for details on number of employees 9. Animal Clinic – The project includes an approximately 7,478 square foot (sf) animal clinic. The facility will not offer open/walk up services and will only service animal intake. The animal clinic will also include some additional kennel space for the animals. 10. Public foot traffic 50-100 people a day 11. Employee peak hours –Staff arrives in the morning hours to assist with clea ning of the kennels/facility, feeding, walking, etc. Peak hours for employee activity are from 8 a.m. – 1 p.m. 12. Types of other customers and deliveries a. Food delivery – large delivery trucks, weekly b. Chemicals – large delivery truck, monthly c. FedEx, UPS, Mail type services – daily d. Rendering Truck – large semi-truck 1-2 times weekly e. Rescue or other non-profit type for animal transfers – box trucks, 1-2 weekly. 13. The interior kennels and outdoor areas would be connected to the public sanitary system. Animal urine would be washed down the public sanitary sewer system and animal feces w ould be disposed of in the solid waste collection bins. 14. Euthanized animals would be collected by a licensed dead animal hauler. Cremation of animals is not permitted and will be a Condition of Approval. Buildings The proposed project includes eight structures totaling approximately 39,794 sf on-site, which would be made with pre-engineered metal buildings. Building A at approximately 14,875 sf would house public functions, adoption housing, as well as cat quarantine and isolation housi ng, all intake functions, and other miscellaneous administrative functions. Buildings B (approximately 1,559 sf), D (approximately 2,403 sf), E (approximately 4,418 sf), F (approximately 2,403 sf), and G (approximately 4,118 sf) total 14,901 sf and each would include dog kennels and dog isolation housing with animal support functions. Building C at approximately 2,540 sf would be for storage and service. Lastly, Building H (approximately 7,478 sf) would include an animal clinic and additional dog kennels. There would be a total of 79 parking spaces, including 62 standard stalls, 4 low emitting/fuel- efficient stalls, four electric vehicle charging stalls, and nine ADA parking stalls . Site access will be provided by a new driveway off of East Airways Boulevard located at the intersecti on of North Cargo Lane and East Airways Boulevard. Property Location & Parcel The project site consists of an 85.36 -acre parcel bordered on the north by W est Dakota Avenue, on the west and south by East Airways Boulevard, and industrial development and vacant land on the west. The Assessor’s Parcel Number (APN) is 494-030-42S. The project would occur on an approximately 5.1-acre portion of the parcel located directly northeast of the intersection of North Cargo Lane and East Airways Boulevard bordered by a basin to the east and solar panels to the north. EXEMPT STATUS: o Ministerial (Sec. 21080(b)(1); 15268); o Declared Emergency (Sec. 21080(b)(3); 15269(a)); o Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); o Categorical Exemption. State Type and section number: ENVIRONMENTAL CHECKLIST IN SUPPORT OF CEQA GUIDELINES SECTION 15183 STATUTORY EXEMPTION Environmental Checklist Form for: EA No. P20-00511 1. Project title: Environmental Assessment No. P20-00511 2. Lead agency name and address: City of Fresno Planning and Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 3. Contact person and phone number: Mike Sanchez, AICP, MCRP Assistant Director Planning and Development Department 2600 Fresno Street, Room 3043 (559) 621-8277 4. Project location: Intersection of North Cargo Lane and East Airways Boulevard ±5.1-acre portion of an 85.36-acre parcel located northeast of the intersection of North Cargo Lane and East Airways Boulevard Site Latitude: 36°46’58.62” N Site Longitude: 119°42’51.92” W Mount Diablo Base & Meridian, Township 13S, Range 21E Section 20 – California Assessor’s Parcel Number: 494-030-42S 5. Project sponsor's name and address: City of Fresno Planning and Development Department 2600 Fresno Street, Room 3043 Fresno, CA 93721 6. General & Community plan land use designation: Light Industrial 7. Zoning: IL (Light Industrial) 8. Description of project: Environmental Assessment No. P20-00511 was filed by the City of Fresno. The City of Fresno has proposed to design, develop and construct a new facility consisting of eight buildings for animal control services for the City of Fresno, operated by a third- party organization. The following services would be available at the facility: 1. Operation of an animal shelter with necessary facilities to provide all animal control, pound master, veterinary and animal sheltering services, facilities and related activities as authorized and required by applicable laws. 2. Licensed onsite veterinary services available during normal business hours and emergency response for afterhours service. 3. Licensed staff to dispense and supply the controlled substances necessary for performance of field captures, euthanasia, and vaccinations including Rabies, Bordetella, DAPP and general de-wormers for dogs and FERCP and de- wormer vaccinations for cats. 4. Open to the public for stray drop-off Monday-Saturday 10:00 a.m. - 4:00 p.m. Animal control officers respond to calls for stray pick-up Monday-Saturday from 8:00 a.m. - 4:00 p.m.; officers are available 24 hours a day, 7 days a week for emergency calls, as well. Hours may be extended seasonably based on needs. 5. A secured sallyport for intake of animals with separate secure staff parking away from the public. 6. Indoor/outdoor kennels for dogs 7. Play yard area 8. See attached Schedule 1 for details on number of employees 9. Animal Clinic – The project includes an approximately 7,478 square foot (sf) animal clinic. The facility will not offer open/walk up services and will only service animal intake. The animal clinic will also include some additional kennel space for the animals. 10. Public foot traffic 50-100 people a day 11. Employee peak hours –Staff arrives in the morning hours to assist with cleaning of the kennels/facility, feeding, walking, etc. Peak hours for employee activity are from 8 a.m. – 1 p.m. 12. Types of other customers and deliveries a. Food delivery – large delivery trucks, weekly b. Chemicals – large delivery truck, monthly c. FedEx, UPS, Mail type services – daily d. Rendering Truck – large semi-truck 1-2 times weekly e. Rescue or other non-profit type for animal transfers – box trucks, 1-2 weekly. 13. The interior kennels and outdoor areas would be connected to the public sanitary system. Animal urine would be washed down the public sanitary sewer system and animal feces would be disposed of in the solid waste collection bins. 14. Euthanized animals would be collected by a licensed dead animal hauler. Cremation of animals is not permitted and will be a Condition of Approval. Buildings The proposed project includes eight structures totaling approximately 39,794 sf on- site, which would be made with pre-engineered metal buildings. Building A at approximately 14,875 sf would house public functions, adoption housing, as well as cat quarantine and isolation housing, all intake functions, and other miscellaneous administrative functions. Buildings B (approximately 1,559 sf), D (approximately 2,403 sf), E (approximately 4,418 sf), F (approximately 2,403 sf), and G (approximately 4,118 sf) total 14,901 sf and each would include dog kennels and dog isolation housing with animal support functions. Building C at approximately 2,540 sf would be for storage and service. Lastly, Building H (approximately 7,478 sf) would include an animal clinic and additional dog kennels. There would be a total of 79 parking spaces, including 62 standard stalls, 4 low emitting/fuel-efficient stalls, four electric vehicle charging stalls, and nine ADA parking stalls. Site access will be provided by a new driveway off of East Airways Boulevard located at the intersection of North Cargo Lane and East Airways Boulevard. Property Location & Parcel The project site consists of an 85.36-acre parcel bordered on the north by West Dakota Avenue, on the west and south by E ast Airways Boulevard, and industrial development and vacant land on the west. The Ass essor’s Parcel Number (APN) is 494-030-42S. The project would occur on an approximately 5.1-acre portion of the parcel located directly northeast of the intersection of North Cargo Lane and East Airways Boulevard bordered by a basin to the east and solar panels to the north. Entitlements Environmental Assessment No. P20-00511 would require the submittal of an Air Impact Assessment (AIA) application to the SJVAPCD, pursuant to SJVAPCD requirements. 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use North Light Industrial (Note: Small-scale retail and ancillary office uses are permitted) IL (Light Industrial) Industrial Warehouse and Solar Panels East Ponding Basin OS (Open Space) Ponding Basin South Light Industrial (Note: Small-scale retail and ancillary office uses are permitted) IL (Light Industrial) Vacant Land, Government Facility, Fresno Yosemite International Airport West Light Industrial (Note: Small-scale retail and ancillary office uses are permitted) IL (Light Industrial) Vacant Land, Air National Guard facility, Army National Guard Facility 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Planning and Development Department, Building & Safety Services Division; Department of Public Works; Department of Public Utilities; County of Fresno, Department of Community Health; County of Fresno, Department of Public Works and Planning; City of Fresno Fire Department; Fresno Metropolitan Flood Control District; and San Joaquin Valley Air Pollution Control District. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code (PRC) Section 21080.3.1? If so, has consultation begun? The State requires lead agencies to consider the potential effects of proposed projects and consult with California Native American tribes during the local planning process for the purpose of protecting Traditional Tribal Cultural Resources through the California Environmental Quality Act (CEQA) Guidelines. Pursuant to PRC Section 21080.3.1, the lead agency shall begin consultation with the California Native American tribe that is traditionally and culturally affiliated with the geographical area of the proposed project prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. Such significant cultural resources are either sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe which is either on or eligible for inclusion in the California Historic Register or local historic register, or, the lead agency, at its discretion, and support by substantial evidence, choose to treat the resources as a Tribal Cultural Resources (PRC Section 21074(a)(1-2)). According to the most recent census data, California is home to 109 currently recognized Indian tribes. Tribes in California currently have nearly 100 separate reservations or Rancherias. Fresno County has a number of Rancherias such as Table Mountain Rancheria, Millerton Rancheria, Big Sandy Rancheria, Cold Springs Rancheria, and Squaw Valley Rancheria. These Rancherias are not located within the city limits. As stated in PRC Section 21080.3.1, California Native American tribes are required to be contacted by the lead agency prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. The City of Fresno has determined the proposed project is exempt from CEQA pursuant to CEQA Guidelines Section 15183 Statutory Exemption and the project does not warrant a negative declaration, mitigated negative declaration, or environmental impact report for the proposed project. Thus, the lead agency is not required to conduct tribal consultation pursuant to PRC Sections 21080.3.1. PREVIOUS ENVIRONMENTAL ANALYSES OF THE PROPOSED PROJECT One previous environmental analysis has been prepared and certified which is applicable to the proposed project. On December 18, 2014, the City adopted a new General Plan and certified the associated Master EIR (MEIR) (State Clearinghouse (SCH) # 2012111015). The proposed project would be consistent with the General Plan designation of Light Industrial as described above. The MEIR assumed full development and buildout of the project site, consistent with the uses and development standards proposed by the project. The cumulative impacts associated with buildout of the City of Fresno General Plan, including the project site, were fully addressed in the MEIR. CEQA Guidelines Section 15183 Exemptions CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified. As noted above, the proposed project is consistent with the land use designation and densities established by the Fresno General Plan, for which an EIR was certified. The provisions contained in Section 15183 of the CEQA Guidelines are presented below. 15183. Projects Consistent with a Community Plan or Zoning (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. (b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those whic h the agency determines, in an initial study or other analysis: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (c) If an impact is not peculiar to the parce l or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. (d) This section shall apply only to projects which meet the following conditions: (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the co mmunity plan, or the general plan. (e) This section shall limit the analysis of only those significant environmental effects for which: (1) Each public agency with authority to mitigate any of the significant effects on the environment identified in the planning or zoning action undertakes or requires others to undertake mitigation measures specified in the EIR which the lead agency found to be feasible, and (2) The lead agency makes a finding at a public hearing as to whether the feasible mitigation measures will be undertaken. (f) An effect of a project on the environment shall not be considered peculiar to the project or the parcel for the purposes of this section if uniformly applied development policies or standards have been previously adopted by the C ity or county with a finding that the development policies or standards will substantially mitigate that environmental effect when applied to future projects, unless substantial new information shows that the policies or standards will not substantially mitigate the environmental effect. The finding shall be based on substantial evidence which need not include an EIR. Such development policies or standards need not apply throughout the entire City or county, but can apply only within the zoning district in which the project is located, or within the area subject to the community plan on which the lead agency is relying. Moreover, such policies or standards need not be part of the general plan or any community plan, but can be found within another pertinent p lanning document such as a zoning ordinance. Where a City or county, in previously adopting uniformly applied development policies or standards for imposition on future projects, failed to make a finding as to whether such policies or standards would substantially mitigate the effects of future projects, the decision-making body of the City or county, prior to approving such a future project pursuant to this section, may hold a public hearing for the purpose of considering whether, as applied to the project, such standards or policies would substantially mitigate the effects of the project. Such a public hearing need only be held if the City or county decides to apply the standards or policies as permitted in this section. (g) Examples of uniformly applied development policies or standards include, but are not limited to: (1) Parking ordinances. (2) Public access requirements. (3) Grading ordinances. (4) Hillside development ordinances. (5) Flood plain ordinances. (6) Habitat protection or conservation ordinances. (7) View protection ordinances. (8) Requirements for reducing greenhouse gas emissions, as set forth in adopted land use plans, policies, or regulations. (h) An environmental effect shall not be considered peculiar to the project or parcel solely because no uniformly applied development policy or standard is applicable to it. (i) Where the prior EIR relied upon by the lead agency was prepared for a general plan or community plan that meets the requirements of this section, any rezoning action consistent with the general plan or community plan shall be treated as a project subject to this section. (1) “Community plan” is defined as a part of the general plan of a City or county which applies to a defined geographic portion of the total area included in the general plan, includes or references each of the mandatory elements specified in Section 65302 of the Government Code, and contains specific development policies and implementation measures which will apply those policies to each involved parcel. (2) For purposes of this section, “consistent” means that the density of the proposed project is the same or less than the standard expressed for the involved parcel in the general plan, community plan or zoning action for which an EIR has been certified, and that the project complies with the density-related standards contained in that plan or zoning. Where the zoning ordinance refers to the general plan or community plan for its density standard, the project shall be consistent with the applicable plan. (j) This section does not affect any requirement to analyze potentially significant offsite or cumulative impacts if those impacts were not adequately discussed in the prior EIR. If a significant offsite or cumulative impact was adequately discussed in the prior EIR, then this section may be used as a basis for excluding further analysis of that offsite or cumulative impact. PROJECT-SPECIFIC ENVIRONMENTAL REVIEW The Environmental Checklist includes a discussion and analysis of any peculiar or site - specific environmental impacts associated with construction and operation of the proposed project. The Environmental Checklist identifies the applicable City of Fresno development standards and policies that would apply to the proposed project during both the construction and operational phases, and explains how the application of these uniformly applied standards and policies would ensure that no peculiar or site -specific environmental impacts would occur. None of the environmental factors below would be affected by this project, as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities/Service Systems Wildfire Mandatory Findings of Significance CONCLUSION As described above, the proposed E Airways Boulevard Animal Shelter (project) is consistent with the land use designations and development intensities assigned to the project site by the City of Fresno General Plan. Cumulative impacts associated with development and buildout of the project site, as proposed, were fully addressed in the City of Fresno MEIR (SCH# 2012111015). Since the proposed project is consistent with the land use designation and development intensity for the sit e identified in the General Plan and analyzed in the MEIR, implementation of the proposed project would not result in any new or altered cumulative impacts beyond those addressed in the MEIR. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS – Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock out- croppings, and historic buildings within a state scenic highway? X c) In nonurbanized areas, substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X The site is located within an area developed with light industrial uses, including industrial warehouse facilities to the north and northeast and Air National Guard facility, Army National Guard Facility, and other governmental facilities to the south and west. Areas to the northwest and southwest of the subject site are vacant, as is the site. The existing topography of the subject site is nearly flat, with elevations ranging from 300 to 302 feet above mean sea level. A scenic vista is a viewpoint that provides a distant view of highly valued natural or man‐made landscape features for the benefit of the general public. Typical scenic vistas are locations where views of rivers, hillsides, and open space areas can be obtained as well as locations where valued urban landscape features can be viewed in the distance. The Fresno General Plan MEIR provides and recognizes that the City has not identified or designated scenic vistas within its General Plan. Although no scenic vista has been designated, it is acknowledged that scenic vistas within the Planning Area could provide distant views of natural landscape features such as the San Joaquin River along the northern boundary of the Planning Area and the foothills of the Sierra Nevada Mountain Range. The River bluffs provide distant views of the San Joaquin River as well as areas north of the River. However, the majority of these views are from private property. There are limited views of the San Joaquin River from Weber Avenue, Milburn Avenue, McCampbell Drive, Valentine Avenue, Palm Avenue, State Route 41, Friant Road, and Woodward Park. There are various locations throughout the eastern portion of the Planning Area that provide views of the Sierra Nevada foothills that are located northeast and east of the Planning Area. These distant views of the Sierra Nevada foothills are impeded many days during the year by the poor air quality in the Fresno region. Distant views of man‐made landscape features include the Downtown Fresno buildings that provide a unique skyline. Scenic resources include landscapes and features that are visually or aesthetically pleasing. They contribute positively to a distinct community or region. These resources produce a visual benefit upon communities. The scenic resources within the Planning Area include landscaped open spaces such as parks and golf courses. Additional scenic resources within the Planning Area include areas along the San Joaquin River due to the topographic variation in the relatively flat San Joaquin Valley. The River bluffs provide a unique geological feature in the San Joaquin Valley. Historic structures in Downtown Fresno buildings also represent scenic resources because they provide a unique skyline. Given the site’s distance from the San Joaquin River (i.e., approximately 7.2 miles northwest of the site), the proposed project will not interfere with public views of the San Joaquin River environs. Furthermore, as there are no designated public or scenic vistas on or adjacent to the subject property, there is no potential for adverse effect on a scenic vista. Furthermore, the Fresno General Plan MEIR recognizes and acknowledges that poor air quality reduces existing views within the City of Fresno sphere of influence as a whole, and therefore finds that a less than significant impact will result to views of highly valued features such as the Sierra Nevada foothills from future development on and in the vicinity of the subject property. Finally, the project site is not within the vicinity of a State designated scenic highway. The project will not damage nor will it degrade the visual character or quality of the subject site and its surroundings, given that the project site is in an area within close proximity to existing industrial development; and, in an area generally planned for and developed with industrial uses at comparable intensities. Future development of the site will create a new source of light or glare within the area. However, the amount of lighting and windows generated by the proposed projec t that could cause glare are very limited. The project will include outdoor lighting distributed throughout the parking area and along East Airways Boulevard. The project will also include outdoor building lights to illuminate pathways and entrances to bui ldings. The City of Fresno Municipal Code includes various standards and requirements to minimize any impacts related to light and glare within the project area. Chapter 15 -2015 Outdoor Lighting and Illumination of the City of Fresno Municipal Code provides standards to minimize any environmental impacts caused by outdoor artificial light. According to Table 15-2015-B-2 (incorporated by reference), the maximum height of outdoor lighting fixtures on-site shall not exceed 25 feet, and all light fixtures will be required to be shielded to not produce obtrusive glare onto the public right -of-way or adjoining properties. Further, no outdoor lighting is allowed to cause significant, direct glare beyond the boundaries of the property. Section 8, Light Trespass, of Chapter 15-2015 of the City of Fresno Municipal Code requires lights to be designed to deflect light away from the adjacent properties and public streets, and to prevent adverse interference with normal operation or enjoyment of the surrounding properties. Specifically, no light or combination of lights, or activity shall cast light exceeding one -foot candle onto a public street. Moreover, direct or sky-reflected glare from floodlights shall not be directed into any other property or street. The project will be required to follow the requirements and standards set by the City of Fresno Municipal Code, which would ensure the design of the project would not create any light and glare impacts that would interfere with the daily operations of surrounding properties, including the Fresno Yosemite International Airport. Additionally, given that the project site is within an area which has been previously planned for light industrial uses, which would typically affect day and night time views in the project area to a degree equal or greater than the proposed project, no significant impact will occur. The project would also be subject to the applicable mitigation measures pertaining to light and glare included in in MEIR SCH No. 2012111015, which would require the project to shield parking lot and street lighting away from roadway surfaces and to install low intensity light fixtures for outdoor play areas to minimize light spillover. Furthermore, through the entitlement process, staff will ensure that lights are locat ed in areas that will minimize light sources to the neighboring properties in accordance with the mitigation measures of the MEIR. In conclusion, with MEIR mitigation measures incorporated, the project will not result in any aesthetic resource impacts beyond those analyzed in MEIR SCH No. 2012111015. Therefore, the project will have a less-than-significant impact on aesthetics. Project Requirement 1. The proposed project shall implement and incorporate, as applicable, the aesthetics related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1 997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farm- land), as shown on the maps prepared pursuant to the Farmland Mapping and Monito- ring Program of the California Resources Agency, to non- agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? X d) Result in the loss of forest land or conversion of forest land to non-forest use? X e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? X Based upon the upon the 2016 Rural Land Mapping Edition: Fresno County Important Farmland Map of the State of California Department of Conservation, the project site is designated “Farmland of Local Importance”, as is the land surrounding the project site to the west, northwest, and southwest. The area surrounding the site to the east, northeast, north, and south of the site is designated “Urban and Built-Up Land”. “Farmland of Local Importance” is defined as farmland within Fresno County that does not meet the definitions of Prime, Statewide, or Unique farmland. This includes land that is or has been used for irrigated pasture, dryland farming, confined livestock and dairy, poultry facilities, aquaculture and grazing land. The subject property is vacant and is currently not utilized. The Fresno General Plan MEIR analyzed “project specific” impacts associated with future development within the Planning Area (Sphere of Influence) as well as the cumulative impacts factored from future development in areas outside of the Planning Area. The MEIR identifies locations within the Planning Area that have been designated as Prime Farmland, Unique Farmland, and Farmland of Statewide Importance through the Farmland Mapping and Monitoring Program (FMMP) of the California Department of Conservation. The analysis of impacts contained within the MEIR acknowledges that Fresno General Plan implementation anticipates all of the FMMP-designated farmland within the Planning Area being converted to uses other than agriculture. Furthermore, the MEIR acknowledges that the anticipated conversion is a significant impact on agricultural resources. To reduce potential project-specific and cumulative impacts on agricultural uses, the General Plan incorporates objectives and policies, which inclu de but are not limited to the following: G-5 Objective: While recognizing that the County of Fresno retains the primary responsibility for agricultural land use policies and the protection and advancement of farming operations, the City of Fresno will su pport efforts to preserve agricultural land outside of the area planned for urbanization and outside of the City’s public service delivery capacity by being responsible in its land use plans, public service delivery plans, and development policies. G-5-b. Policy: Plan for the location and intensity of urban development in a manner that efficiently utilizes land area located within the planned urban boundary, including the North and Southeast Growth Areas, while promoting compatibility with agricultural us es located outside of the planned urban area. G-5-f. Policy: Oppose lot splits and development proposals in unincorporated areas within and outside the City General Plan boundary when these proposals would do any of the following: • Make it difficult or infeasible to implement the general plan; or, • Contribute to the premature conversion of agricultural, open space, or grazing lands; or constitute a detriment to the management of resources and/or facilities important to the metropolitan area (such as air quality, water quantity and quality, traffic circulation, and riparian habitat). However, the MEIR recognizes that despite implementation of the objectives and policies of the Fresno General Plan, project and cumulative impacts on agricultural resources will remain significant; and, that no feasible measures in addition to the objectives and policies of the Fresno General Plan are available. In 2014, through passage of Council Resolution No. 2014 -225, the City of Fresno adopted Findings of Fact related to Significant and Unavoidable Effects as well as Statements of Overriding Considerations in order to certify MEIR SCH No. 2012111015 for purposes of adoption of the Fresno General Plan. Section 15093 of the California Environmental Quality Act requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The adopted Statements of Overriding Considerations for the MEIR addressed Findings of Significant Unavoidable Impacts within the categories/areas of Agricultural Resources; citing specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers as project goals, each and all of which were deemed and considered by the Fresno City Council to be benefits, which outweighed the unavoidable adverse environmental effects attributed to development occurring within the City of Fresno Sphere of Influence (SOI), consistent with the land uses, densities, and intensities set forth in the Fresno General Plan. The project site is and continues to be further encompassed with urban development. The project site is a logical expansion for purposes of orderly development within existing City limits. Agricultural uses are not permitted within the existing Light Industrial zone district. Additionally, the project site is not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Given these circumstances, the proposed project is consistent with the goals, objective and policies of the Fresno General Plan as referenced herein above; and, will not result in the premature conversion of agricultural lands or constitute a detriment to the management of agricultural resources and/or facilities important to the metropolitan area. The subject property is not subject to a Williamson Act agricultural land conservation contract. Therefore, the proposed project on the subject site will not affect existing agriculturally zoned or Williamson Act contract parcels. The proposed project will not conflict with any forest land or Timberland Production or result in any loss of forest land. As discussed in Impact AG‐1 of the MEIR, future development in accordance with the Fresno General Plan would result in the conversion of farmland to a non ‐agricultural use. Except for direct conversion, the implementation of project development would not result in other changes in the existing environment that would impact agricultural land outside of the project boundary or Planning Area. In addition, development in accordance with the General Plan would not impact forest land as discussed in Section 7.2.1 of this Draft Master EIR. Therefore, the project would result in no impact on farmland or forest land involving other changes in the existing environment which fall outside of the scope of the analyses contained within the MEIR. Therefore, the proposed project will not have an impact on converting farmland, Williamson Act contracts or forestland. In conclusion, the proposed project would not result in any agriculture and forestry resource environmental impacts beyond those analyzed in the MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan (e.g., by having potential emissions of regulated criterion pollutants which exceed the San Joaquin Valley Air Pollution Control Districts (SJVAPCD) adopted thresholds for these pollutants)? X b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X c) Expose sensitive receptors to substantial pollutant concentrations? X d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? X Setting The subject site is located in the City of Fresno and within the San Joaquin Valley Air Basin (SJVAB). This region has had chronic non-attainment of federal and state clean air standards for ozone/oxidants and particulate matter due to a combination of topography and climate. The San Joaquin Valley (Valley) is hemmed in on three sides by mountain ranges, with prevailing winds carrying pollutants and pollutant precursors from urbanized areas to the north (and in turn contributing pollutants and precursors to downwind air basins). The Mediterranean climate of this region, with a high number of sunny days and little or no measurable precipitation for several months of the year, fosters photochemical reactions in the atmosphere, creating ozone and particulate matter. Regional factors affect the accumulation and dispersion of air pollutants within the SJVAB. Air pollutant emissions overall are fairly constant throughout the year, yet the concentrations of pollutants in the air vary from day to day and even hour to hour. This variability is due to complex interactions of weather, climate, and topography. These factors affect the ability of the atmosphere to disperse pollutants. Conditions that move and mix the atmosphere help disperse pollutants, while conditions that cause the atmosphere to stagnate allow pollutants to concentrate. Local climatological effects, including topography, wind speed and direction, temperature, inversion layers, precipitation, and fog can exacerbate the air quality problem in the SJVAB. The SJVAB is approximately 250 miles long and averages 35 miles wide, and is the second largest air basin in the state. The SJVAB is defined by the Sierra Nevada in the east (8,000 to 14,000 feet in elevation), the Coast Ranges in the west (averaging 3,000 feet in elevation), and the Tehachapi mountains in the south (6,000 to 8,000 feet in elevation). The Valley is basically flat with a slight downward gradient to the northwest. The Valley opens to the sea at the Carquinez Straits where the San Joaquin - Sacramento Delta empties into San Francisco Bay. The Valley, thus, could be considered a “bowl” open only to the north. During the summer, wind speed and direction data indicate that summer wind usually originates at the north end of the Valley and flows in a south -southeasterly direction through the Valley, through Tehachapi pass, into the Southeast Desert Air Basin. In addition, the Altamont Pass also serves as a funnel for pollutant transport from the San Francisco Bay Area Air Basin into the region. During the winter, wind speed and direction data indicate that wind occasionally originates from the south end of the Valley and flows in a north -northwesterly direction. Also during the winter months, the Valley generally experiences light, variable winds (less than 10 mph). Low wind speeds, combined with low inversion layers in the winter, create a climate conducive to high carbon monoxide (CO) and particulate matter (PM10 and PM2.5) concentrations. The SJVAB has an “Inland Mediterranean” climate averaging over 260 sunny days per year. The Valley floor is characterized by warm, dry summers and cooler winters. For the entire Valley, high daily temperature readings in summer average 95ºF. Temperatures below freezing are unusual. Average high temperatures in the winter are in the 50s, but highs in the 30s and 40s can occur on days with persistent fog and low cloudiness. The average daily low temperature is 45ºF. The vertical dispersion of air pollutants in the Valley is limited by the presence of persistent temperature inversions. Solar energy heats up the Earth’s surface, which in turn radiates heat and warms the lower atmosphere. Therefore, as altitude increases, the air temperature usually decreases due to increasing distance from the source of heat. A reversal of this atmospheric state, where the air temperature increases with height, is termed an inversion. Inversions can exist at the surface or at any height above the ground, and tend to act as a lid on the Valley, holding in the pollutants that are generated here. Regulations The San Joaquin Valley Air Pollution Control District (SJVAPCD) is the local regional jurisdictional entity charged with attainment planning, rulemaking, rule enforcement, and monitoring under Federal and State Clean Air Acts and Clean Air Act Amendments. To aid in evaluating potentially significant construction and/or operational impacts of a project, SJVAPCD has prepared an advisory document, the Guide for A ssessing and Mitigating Air Quality Impacts (GAMAQI), which contains standard procedures for addressing air quality in CEQA documents. GAMAQI presents a three -tiered approach to air quality analysis. The Small Project Analysis Level (SPAL) is first used to screen the project for potentially significant impacts. A project that meets the screening criteria at this level requires no further analysis and air quality impacts of the project may be deemed less than significant. If a project does not meet all the c riteria at this screening level, additional screening is recommended at the Cursory Analysis Level and, if warranted, the Full Analysis Level. For light industrial uses, the threshold is 510,000 sf. Given that the project related applications have been filed to facilitate the creation and development of structures totaling approximately 39,794 sf, the proposed project is considered to have less than significant impacts pertaining to air emissions and is excluded from quantifying criteria pollutant emissions for CEQA purposes. SJVAPCD Regulation VIII mandates requirements for any type of ground moving activity and would be adhered to during construction; however, during construction, air quality impacts would be less than SJVAPCD thresholds for non -attainment pollutants and operation of the project would not result in impacts to air quality standards for criteria pollutants. The SJVAPCD accounts for cumulative impacts to air quality in its GAMAQI. The SJVAPCD considered basin-wide cumulative impacts to air quality when developing its significance thresholds. The SJVAPCD’s air quality significance thresholds represent the maximum emissions from a project that are not expected to conflict with the SJVAPCD’s air quality plans, and is not expected to cause or c ontribute to an exceedance of the most stringent applicable federal or state ambient air quality standard. These are developed based on the ambient concentrations of the pollutant for each source. Because the project would not exceed the air quality signif icance thresholds on the project-level, and would not otherwise conflict with the SJVAPCD’s air quality plans, the cumulative emissions would not be a significant contribution to a cumulative impact. The proposed project would comply with the SJVAPCD’s Regulation VIII dust control requirements during any proposed construction (including Rules 8011, 8031, 8041, and 8071). Compliance with this regulation would reduce the potential for significant localized PM10 impacts to less than significant levels. Project Air quality emissions would be generated during construction of the proposed project and during operation of the proposed project. Operational emissions would come primarily from vehicle emissions from vehicle trips generated by the proposed project. The SJVAPCD has established thresholds of significance for criteria pollutant emissions, which are based on District New Source Review (NSR) offset requirements for stationary sources. Using project type and size, the District has pre -quantified emissions and determined a size below which it is reasonable to conclude that a project would not exceed applicable thresholds of significance for criteria pollutants. Given that the project related applications have been filed to facilitate the creation and development of structures totaling 39,794 sf, the proposed project qualifies for the CEQA streamlining for criteria pollutant emissions, according to the SJVAPCD SPAL screening levels. Therefore, the proposed project is considered to have less than significant impacts pertaining to air emissions and is excluded from quantifying criteria pollutant emissions for CEQA purposes. Further, the SJVAPCD recommends that projects that could emit TACs should perform a screening analysis to determine if a refined Health Risk Assessment (HRA) should be performed. However, the proposed project is an animal shelter, which would not emit known TACs during project operation. Additionally, based on the size of the project, construction-related TACs would be minimal. Therefore, the proposed project is not considered a high risk for generating TAC emissions. With respect to construction-related emissions, regardless of emission quantities, the SJVAPCD requires construction-related mitigation in accordance with their rules and regulations. For example, prior to the commencement of grading activities, SJVAPCD requires the City to require the contractor hired to complete the grading activities to prepare a construction emissions reduction plan that meets the requirements of SJVAPCD Rule VIII. The construction emissions reductions plan shall be submitted to the SJVAPCD for review and approval. Additionally, SJVAPCD requires project contractors follow Regulation VIII Dust Control requirements during project grading and construction to reduce fugitive dust emissions. Regulation VIII sets various requirements, such as watering previously disturbed exposed surfaces (soil) a minimum of three-times a day or whenever visible dust is capable of drifting from the site and reducing speed on unpaved roads to less than 15 miles an hour. At full build-out the proposed project would result in development which exceeds 25,000 sf of light industrial uses, which is an adopted threshold for conducting an Air Impact Assessment (AIA) in accordance with District Rule 9510 (Indirect Source Review). Therefore, an AIA application is required to be submitted to the SJVAPCD for approval. District Rule 9510 was adopted to reduce the impact of NO x and provide emission reductions needed by the SJVAPCD to demonstrate attainment of the federal PM10 standard and contributed reductions that assist in attaining federal ozone standards. Rule 9510 also contributes toward attainment of state standards for these pollutants by requiring projects to reduce smog-forming (NOX) and particulate (PM10 and PM2.5) emissions generated by their projects. The rule places application and emission reduction requirements on development projects meeting applicability criteria in order to reduce emissions through onsite mitigation, offsite SJVAPCD-administered projects, or a combination of the two. Compliance with SJVAPCD Rule 9510 reduces the emissions impacts through incorporation of onsite measures as well as payment of an offsite fee that funds emission reduction projects in the Air Basin. The emissions analysis for Rule 9510 is detailed and is dependent on the exact project design that is expected to be constructed or installed. Compliance with Rule 9510 is separate from the CEQA process, though the control measures used to comply wit h Rule 9510 may be used to mitigate significant air quality impacts. Rule 9510 requires project applicants to coordinate with SJVAPCD to verify projects meet the following reductions: 20 percent of construction-exhaust nitrogen oxides; 45 percent of construction-exhaust PM10; 33 percent of operational nitrogen oxides over 10 years; and 50 percent of operational PM10 over 10 years. The SJVAPCD will review and approve the AIA application for the proposed project. If mitigated baseline emissions for construction and operation are estimated at less than two tons NOx per year and two tons PM10 per year , then, pursuant to district Rule 9510, Section 4.3, the project would be exempt from the requirements of Section 6.0 (General Mitigation Requirements) and Section 7.0 (Off-site Emission Reduction Fee Calculations and Fee Schedules) of the rule. Otherwise, the proposed project would be subject to payment of off-site fees. Compliance with all of the above SJVAPCD Rules will ensure that short-term (i.e., construction) and long-term (i.e., operational) increases of criteria air pollutant emissions of primary concern will be reduce d to a less-than- significant level. The proposed use, if approved, will be allowed on the subject site and will not expose sensitive receptors to substantial pollutant concentrations. The project is not proposing a use which will create substantial objectionable odors. Although animal shelters can cause noticeable odors from animals within the facility and in the immediate surrounding environment, such odors would be contained within the project site. Separately, decomposition of biological materials, such as food waste and other trash, could create objectionable odors if not properly contained and handled. The proposed project would provide waste receptacles throughout the project site and would utilize outdoor trash dumpsters with lids, which would be picked up regularly during normal solid waste collection operating hours within the area. The dumpster lids are intended to contain odors emanating from the dumpsters. The dumpsters would be stored in screened areas for further protection from potential objectionable odors. The garbage collected on-site and stored in the outdoor dumpsters would not be on -site long enough to cause substantial odors. Thus, the outdoor, enclosed, and covered trash dumpsters that would be picked up regularly would provide proper containment and handling of the trash generated on-site. Therefore, there will be no impact related to odors. The growth projections used for the Fresno General Plan assume that growth in population, vehicle use and other source categories will occur at historically robust rates that are consistent with the rates used to develop the SJVAPCD’s attainment plans. In other words, the amount of growth predicted for the General Plan is accommodated by the SJVAPCD’s attainment plan and would allow the air basin to attain the 8 -hour ozone standard by the 2023 attainment date. Future development on the subject property is required to comply with these rules and regulations providing additional support for the conclusion that it will not interfere or obstruct with the application of the attainment plans. Therefore, compliance with all of the above SJVAPCD Rules, Fresno General Plan policies and MEIR mitigation measures results in a less than significant impact on air quality with respect to air quality plans and standards and cumulative increases in criteria pollutants. The proposed project will comply with the Resource Conservation Element of the Fresno General Plan and the Goals, Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments; therefore, the project will not conflict with or obstruct an applicable air quality plan. In conclusion, the proposed project would not result in any air quality environmental impacts beyond those analyzed in the MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES – Would the project: ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X The proposed project will not directly affect any sensitive, special statu s, or candidate species, nor would it modify any habitat that supports them. Riparian habitat or any other sensitive natural community identified by the California Department of Fish and Game or the US Fish and Wildlife Service are not located on the subject property. In addition, no federally protected wetlands are located on the subject site. Therefore, there would be no impacts to riparian species or habitat or other sensitive wetland communities. The vacant project site is currently disked and only contains a few scattered grasses or shrubs, which based on its location, do not provide suitable habitat for any special- status plant species and limited habitat for special-status wildlife species. Wildlife species that often occur within vacant fields include gophers, California ground squirrels, mourning dove, mockingbird, white -crowned sparrows, and ravens. Other wildlife that would be expected to occur within orchards would be similar to those occurring in adjacent ruderal habitats or agricultural f ields. Mammal species may also occur within intermittent fallow agricultural lands and on lands with broken topography similar to portions of the subject property. These mammals could include: deer mice, house mice, pocket gopher and California ground squirrels. These species would occur in fluctuating numbers depending on the available cover in the individual fields. California ground squirrels are sometimes known to burrow complexes at the margins or within areas of some fields where annual disking may not reach. Other small mammals likely to occur from time to time may include black -tailed hares and cottontail rabbits. The presence of birds and small mammals is an attractant to both foraging raptors, such as hawks and owls, and mammalian predators. Ma mmalian predators occurring on the site could include raccoons, coyotes, and red foxes, as these species are tolerant of human and other disturbance. Various species of bat may also forage over portions of the subject site for flying insects. A number of special status species, such as San Joaquin kit fox, American Badger Western burrowing owl, Swainson hawk, tricolored blackbird, California horned lark, pallid bat, hoary bat, and western mastiff bat have some potential as resident seasonal or transient inhabitant of habitats such as those which may be found on the site. The federally endangered and California threatened San Joaquin kit fox once occurred throughout much of the San Joaquin Valley, but this species favored areas of alkali sink scrub and alkali grassland throughout the San Joaquin Valley and Tulare Basin, as well as areas further west. The low foothills of the Sierra Nevada at the eastern edge of the San Joaquin Valley is considered at the margin of their natural range. The project site may provide marginal habitat for American badgers in the form of temporary ruderal grasslands. This species is known to occur within areas with friable soils which support California ground squirrels and it prefers open habitats (herbaceous growth, shrubs or forest). Typically, loss of linkages to large tracks of open grassland minimizes the potential presence of this species. Large tracks of open grassland are not located in the project vicinity. It is highly unlikely that the project site is used by American badger. The burrowing owl is a small, terrestrial owl of open prairie and grassland habitats. It inhabits relatively flat dry open grasslands where tree and shrub canopies provide minimal cover. This species is found in close association with California ground squirrels, using the abandoned burrows of these squirrels for shelter, roosting, and nesting. Burrowing owls are colonially nesting raptors, and colony size is indicative of habitat quality. It is not uncommon to find burrowing owls in developed and cultivated areas. The project site provides marginal habitat for this species in the form of temporary ruderal grasslands that support California ground squirrels. The Swainson hawk requires a supply of small mammals such as young ground squirrels as prey for nestlings and elevated perches for hunting. Therefore, it favors open and semi-open country over agricultural fields which may offer its prey too much cover. The Swainson hawk is considered to be generally tolerant of people and attracted to certain agricultural operations which disturb soils and displace prey which burrow or nest in those soils or from farm equipment which turn up insects. The project site is located near existing open and semi-open lands surrounding the project site, which may provide suitable foraging habitat for Swainson hawk. The project site provides marginal foraging habitat for this species. Tricolored blackbirds nest in cattails, bulrushes, Himalaya berry, and agricultural silage, in areas that are flooded or otherwise defen ded against easy access by predators. Tricolored blackbirds forage away from nesting sites, and large colonies require large foraging areas; the birds eat insects, small fruits, seeds, and small aquatic life. Suitable habitat for foraging includes irrigate d pasture, dry rangeland, and dairy operations providing successive harvest and flooding conditions. Orchards, row crops, and vineyards may occasionally and briefly be used as foraging habitat; however, these areas are not known to sustain breeding colonies. Tricolored blackbirds could occasionally forage over the project site; however, habitat suitable for nesting tricolored blackbirds is generally not found on the project site. Horned larks, which feed on seeds and insects, are ground nesters. The frequent soil disturbance on the project site precludes the presence of this species. Pallid bat, hoary bat, and western mastiff bat are relatively reclusive and are not expected to breed on the project site, but they may forage on or near the site from time to time. Hoary bats and western mastiff bats eat insects, while pallid bats eat insects, other invertebrates, and small vertebrates that they find on the ground or on vegetation. The project site would not constitute uniquely important habitat for these sp ecies. Use of ruderal/nonnative grassland habitat by native terrestrial vertebrates is generally considered common in agricultural fields. This includes birds and small mammals which serve as an attractant to both foraging raptors, such as hawks and owls, and mammalian predators; as well as, those terrestrial and/or ground-nesting special status species preferring open prairie and/or grassland habitats. Mitigation Measure MM BIO-1 of MEIR SCH No. 2012111015 for the Fresno General Plan requires construction of a proposed project to avoid, where possible, vegetation communities that provide suitable habitat for a special -status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special -status species. If special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Furthermore, Mitigation Measure MM BIO-2 of MEIR SCH No. 2012111015 for the Fresno General Plan requires that any direct or incidental take of any state or federally listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the California Department of Fish and Wildlife (CDFW) 2081 and U.S. Fish and Wildlife Service (USFWS) Section 7 or Section 10 permitting processes must take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined through agency consultation. Mitigation Measure MM BIO – 4 of MEIR SCH No. 2012111015 for the Fresno General Plan requires projects within the Planning Area to avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted to determine if any nesting birds or nesting activity is observed on or within 500 -feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Natural communities of special concern are those that are of limited distribution, distinguished by significant biological diversity, home to special status plant and animal species, of importance in maintaining water quality or sustaining flows, etc. Examples of natural communities of special concern in the San Joaquin Valley could include: open, ruderal/nonnative grassland habitat, which is infrequently disturbed, vernal pools and various types of riparian forest. No natural communities of special concern were identified on the project site. Wildlife movement corridors are areas where wildlife species regularly and predictably move during foraging, or during dispersal or migration. Movement corridors in California are typically associated with valleys, rivers and creeks supporting riparian vegetation, and ridgelines. Such geographic and topographic features are absent from the project site. Additionally, due to the presence of developed lands and urban uses surrounding the subject property, there is limited potential for project related activities to have an impact on the movement of wildlife species or established wildlife corridors. Compliance with the biological Mitigation Measures of MEIR SCH No. 2012111015 for the Fresno General Plan through preparation of a pre-construction biological survey prior to construction, to determine if the project site supports any special -status species. If a special-status species is determined to occupy any portion of a project site, avoidance and minimization measures shall be incorpo rated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. No habitat conservation plans or natural community conservation plans in the region pertain to natural resources that exist on the subject site or in its immediate vicinity. Implementation of all Biological Resource related mitigation measures of MEIR SCH No. 2012111015 for the Fresno General Plan have been applied to the proposed project. Therefore, no actions or activities resulting from the implementation of the proposed project would have the potential to affect floral, or faunal species; or, their habitat. Therefore, there will be no impacts to Biological Resources. Project Requirement 2. The proposed project shall implement and incorporate, as applicable, the biological resources related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c) Disturb any human remains, including those interred outside of formal cemeteries? X There are no structures which exist within the project area. Therefore, there are no structures within the project area that are listed in the National or Local Register of Historic Places, and the subject site is not within a designated historic district. There are no known archaeological or paleontological resources that exist within the project area. There is no evidence that cultural resources of any type (including historical, archaeological, paleontological, or unique geologic features) exist on the subject property. Nevertheless, there is some possibility that a buried site may exist in the area and be obscured by vegetation, fill, or other historic activities, leaving no surface evidence. Furthermore, previously unknown paleontological resources or undiscovered human remains could be disturbed during project construction. Therefore, due to the ground disturbing activities that will occur as a result of the project, the measures within the MEIR SCH No. 2012111015 for the Fresno General Plan, Mitigation Monitoring Checklist to address archaeological resources, paleontological resources, and human remains will be employed to guarantee that should archaeological and/or animal fossil material be encountered during project excavations, then work shall stop immediately; and , that qualified professionals in the respective field are contacted and consulted in order to ensure that the activities of the proposed project will not involve physical demolition, destruction, relocation, or alteration of historic, archaeological, or paleontological resources. In conclusion, with implementation of the MEIR Cultural Resource Mitigation measures and project specific mitigation measures related to Tribal Cultural Resources incorporated herein below, the project will not result in any cultural resource impacts beyond those analyzed in MEIR SCH No. 2012111015. Project Requirement 3. The proposed project shall implement and incorporate, as applicable, the cultural resource related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. ENERGY – Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? X b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? X Appendix F of the State CEQA Guidelines requires consideration of the potentially significant energy implications of a project. CEQA requires mitigation measures to reduce “wasteful, inefficient and unnecessary” energy usage (Public Resources Code Section 21100, subdivision [b][3]). According to Appendix F of the CEQA Guidelines, the means to achieve the goal of conserving energy include decreasing overall energy consumption, decreasing reliance on natural gas and oil, a nd increasing reliance on renewable energy sources. In particular, the proposed project would be considered “wasteful, inefficient, and unnecessary” if it were to violate state and federal energy standards and/or result in significant adverse impacts related to project energy requirements, energy inefficiencies, energy intensiveness of materials, cause significant impacts on local and regional energy supplies or generate requirements for additional capacity, fail to comply with existing energy standards, otherwise result in significant adverse impacts on energy resources, or conflict or create an inconsistency with applicable plan, policy, or regulation. The proposed project includes 8 structures totaling approximately 39,794 sf on-site, which would be made with pre-engineered metal buildings. Building A at approximately 14,875 sf would house public functions, adoption housing, as well as cat quarantine and isolation housing, all intake functions, and other miscellaneous administrative functions. Buildings B (approximately 1,559 sf), D (approximately 2,403 sf), E (approximately 4,418 sf ), F (approximately 2,403 sf), and G (approximately 4,118 sf) total 14,901 sf and each would include dog kennels and dog isolation housing with animal support functions. Building C at approximately 2,540 sf would be for storage and service . Lastly, Building H (approximately 7,478 sf) would include an animal clinic and additional dog kennels. There would be a total of 79 parking spaces, including 62 standard stalls, 4 low emitting/fuel-efficient stalls, four electric vehicle charging stalls, and nine ADA parking stalls. The amount of energy used at the project site would directly correlate to the size of the proposed buildings, the energy consumption of associated appliances and technology, and outdoor lighting. Other major sources of proposed project energy consumption include fuel used by vehicle trips generated during project construction and operation, and fuel used by off -road construction vehicles during construction. The following discussion provides calculated levels of energy use expected for the proposed project, based on commonly used modelling software (i.e. CalEEMod v.2016.3.2 and the California Air Resource Board’s EMFAC2017). It should be noted that many of the assumptions provided by CalEEMod are conservative relative to the proposed project. Therefore, this discussion provides a conservative estimate of proposed project emissions. Electricity and Natural Gas Electricity and natural gas used by the proposed project would be used primarily to power on-site buildings. Total annual electricity (kWh) and natural gas (kBTU) usage associated with the operation of the proposed project are described below (as provided by CalEEMod). The project would us approximately 830,501 kBTU of natural gas per year and approximately 362,043 kWh of electricity per year. According to Calico’s Appendix A: Calculation Details for CalEEMod, CalEEMod uses the California Commercial End Use Survey (CEUS) database to develop energy intensity value for non-residential buildings. The energy use from residential land uses is calculated based on the Residential Appliance Saturation Survey (RASS). Similar to CEUS, this is a comprehensive energy use assessment that includes the end use for various climate zones in California. On-Road Vehicles (Operation) The proposed project would generate vehicle trips during its operational phase. As provided by the air quality model CalEEMod (version 2016.3.2), which includes trip rates from a recent version of the Institute of Transportation Engineer’s (ITE) Trip Generation Manual, the project would generate approximately 209 daily vehicles trips (note: this value is an estimate of total new trips generated by the proposed project, including worker and visitor trips). In order to calculate operational on-road vehicle energy usage and emissions, default trip lengths generated by CalEEMod were used (i.e. “Fresno County” project location and “Urban” setting, respectively). These values are provided by the individual districts or use a default average for the state, depending on the location of the proposed project. Based on default factors provided by CalEEMod, the average distance per trip was conservatively calculated to be approximately 8.6 miles. Therefore, the proposed project would generate at total of approximately 1,801 average daily vehicle miles travelled (Average Daily VMT). Using fleet mix data provide by CalEEMod (v2016.3.2), and Year 202 2 gasoline and diesel MPG (miles per gallon) factors for individual vehicle classes as provided by EMFAC2017, De Novo derived weighted MPG factors for operational on -road vehicles of approximately 28.0 MPG for gasoline and 7.6 MPG for diesel vehicles. With this information, De Novo calculated as a conservative estimate that the unmitigated proposed project would generate vehicle trips that would use a total of approximately 52 gallons of gasoline and 44 gallons of diesel fuel per day, on average, or 19,112 gallons of gasoline and 15,924 annual gallons of diesel fuel per year. On-Road and Off-Road Vehicles (Construction) The proposed project would generate on -road vehicle trips during project construction (from construction workers and vendors). Estimates of vehicle fuel consumed were derived based on the assumed construc tion schedule, vehicle trip lengths and number of workers per construction phase as provided by CalEEMod, and Year 2022 gasoline MPG factors provided by EMFAC2017. For the purposes of simplicity, it was assumed that all vehicles used gasoline as a fuel source (as opposed to diesel fuel or alternative sources). Table 1, below, describes gasoline and diesel fuel used by on -road mobile sources during each phase of the construction schedule. As shown, the vast majority of on-road mobile vehicle fuel used during the construction of the proposed project would occur during the building construction phase. See Appendix A for a detailed calculation. Table 1: On-Road Mobile Fuel Consumed During Project Construction– By Phase Construction Phase # of Days Total Daily Worker Trips(a) Total Daily Vendor Trips(a) Gallons of Gasoline Fuel(b) Gallons of Diesel Fuel(b) Site Preparation 5 18 - 34 - Grading 8 15 - 45 - Building Construction 230 30 12 130 184 Paving 18 20 - 136 - Architectural Coating 18 6 - 2 - Total N/A N/A 12 347 184 NOTE: (A) PROVIDED BY CALEEMOD. (B)SEE APPENDIX A FOR FURTHER DETAIL. SOURCE: CALEEMOD (V.2016.3.2); EMFAC2017. Separately, off-road construction vehicles would use diesel fuel during the construction phase of the proposed project. A non-exhaustive list of off-road constructive vehicles expected to be used during the construction phase of the proposed project includes: cranes, forklifts, generator sets, tractors, excavators, and dozers. The proposed project would use diesel fuel for off-road construction vehicles (during the site preparation and grading phases of the proposed project). The proposed project is estimated to use a total of approximately 1,865gallons of diesel fuel. Conclusion The proposed project would use energy resources for the operation of project buildings (electricity and natural gas), for on-road vehicle trips (e.g. gasoline and diesel fuel) generated by the proposed project, and from off -road construction activities associated with the proposed project (e.g. diesel fuel). Each of these activities would require the use of energy resources. The proposed project would be responsible for conserving energy, to the extent feasible, and relies heavily on reducing per capita energy consumption to achieve this goal, including through State-wide and local measures. The proposed project would be in compliance with all applicable Federal, State, and local regulations regulating energy usage. For example, PG&E is responsible for the mix of energy resources used to provide electricity for its customers, and it is in the process of implementing the State-wide Renewable Portfolio Standard (RPS) to increase the proportion of renewable energy (e.g. solar and wind) within its energy portfolio. PG&E is expected to achieve at least a 33% m ix of renewable energy resources by 2020, and 50% by 2030. Additionally, energy-saving regulations, including the latest State Title 24 building energy efficiency standards (“part 6”), would be applicable to the proposed project. Other State-wide measures, including those intended to improve the energy efficiency of the State-wide passenger and heavy-duty truck vehicle fleet (e.g. the Pavley Bill and the Low Carbon Fuel Standard), would improve vehicle fuel economies, thereby conserving gasoline and diesel fuel. These energy savings would continue to accrue over time. As a result, the proposed project would not result in any significant adverse impacts related to project energy requirements, energy use inefficiencies, and/or the energy intensiveness of materials by amount and fuel type for each stage of the project including construction, operations, maintenance, and/or removal. PG&E, the electricity and natural gas provider to the site, maintains sufficient capacity to serve the proposed project. The proposed project would comply with all existing energy standards, and would not result in significant adverse impacts on energy resources. For these reasons, the proposed project would not be expected cause an inefficient, wasteful, or unnecessary use of energy resources nor cause a significant impact on any of the threshold as described by Appendix F of the CEQA Guidelines. In conclusion, energy impacts would be considered less than significant. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. GEOLOGY AND SOILS – Would the project: a) Directly or Indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: X i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? X e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X There are no geologic hazards or unstable soil conditions known to exist on the site. The existing topography is relatively flat with no apparent unique or significant land forms such as vernal pools. Development of the property requires compliance with grading and drainage standards of the City of Fresno. A civil engineer or soils engineer registered in this state shall complete a Soils Investigation and Evaluation Report. The investigation will address the detail of the configuration, location, type of loading of the proposed structures and drainage plan. The report shall provide detailed recommendation for foundations, drainage, and other items. The preparation of the Soils Investigation and Evaluation Report is an existing standard. Fresno has no known active earthquake faults and is not in any Alquist -Priolo Special Studies Zones. The immediate Fresno area has extremely low seismic activity levels, although shaking may be felt from earthquakes whose epicenters lie to the east, west, and south. Known major faults are over 50 miles distant and include the San Andreas Fault, Coalinga area blind thrust fault(s), and the Long Valley, Owens Valley, and White Wolf/Tehachapi fault systems. The most serious threat to Fresno from a major earthquake in the Eastern Sierra would be flooding that could be caused by damage to dams on the upper reaches of the San Joaquin River. Fresno is classified by the State as being in a moderate seismic risk zone, Category “C” or “D,” depending on the soils underlying the specific location being categorized and that location’s proximity to the nearest known fault lines. All n ew structures are required to conform to current seismic protection standards in the California Building Code. Seismic upgrade/retrofit requirements are imposed on older structures by the City’s Development and Resource Management Department as may be app licable to building modification and rehabilitation projects. No adverse environmental effects related to topography, soils or geology are expected as a result of this project. In conclusion, the proposed project would not result in any geology or soil environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. GREENHOUSE GAS EMISSIONS – Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X The proposed project will not occur at a scale or scope with potential to contribute substantially or cumulatively to the generation of greenhouse gas emissions, either directly or indirectly. The General Plan and MEIR rely upon a Greenhouse Gas Reduction Plan that provides a comprehensive assessment of the benefits of city policies and proposed code changes, existing plans, programs, and initiatives that reduce greenhouse gas emissions. The plan demonstrates that even though there is increased growth, the City would still be reducing greenhouse gas emissions through 2020 and per capita emission rates drop substantially. The benefits of adopted regulations become flat in later years and growth starts to exceed the reductions from all regulations and measures. Although it is highly likely that regulations will be updated to provide additional reductions, none are reflected in the analysis since only the effect of adopted regulations is included. In conclusion, the proposed project would not result in any greenhouse gas emission environmental impacts beyond those analyzed in MEIR SCH No. 2012111015 for the Fresno General Plan. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. HAZARDS AND HAZARDOUS MATERIAL – W ould the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? X The project itself will not generate or use hazardous materials in a manner outside health department requirements. The subject property is not located within any wildland fire hazard zones. The project site will connect to an existing network of City streets , which will provide emergency vehicle access to the site. The project would not impair implementation of or physically interfere with an adopted em ergency response plan or emergency evacuation plan. As shown in historical aerial photographs available on Google Earth, the project site has been vacant and undeveloped since 1998 (the earliest year satellite data from Google Earth is available). The project site is located within the Fresno Air Terminal/Old Hammer Field site on the Department of Toxic Substances Control (DTSC) EnviroStor database. According to the DTSC EnviroStor database, the Fresno Air Terminal/Old Hammer Field is a hazardous cleanup site (i.e., Fresno Air Terminal/Old Hammer Field) with an active cleanup status as of 1/1/1990. The Fresno Air Terminal/Old Hammer Field site (Envirostor ID 10450005) encompasses 1,598 acres northeast of downtown Fresno, consisting of the Fresno Yosemite International Airport, Air National Guard facility, Army National Guard Facility, and other governmental facilities and industrial warehouses/vacant industrial land. In 1989, the City of Fresno discovered volatile organic compound (VOC) contamination, including trichloroethylene and perchloroethylene, and entered into a Cooperative Agreement with the State of California for site remediation in 1994. The Fresno Air Terminal/Old Hammer Field site was initially separated into 14 separate areas targeted for investigation. Area 1 was identified as the highest priority for investigation due to the past and present operations in Area 1 involving the use, storage, treatment, and potential spillage and disposal of materials and wastes categorized as hazardous. The primary environmental concern associated with Area 1 was chlorinated VOC in the soil and groundwater and a chlorinated VOC plume that extended southwest beyond the original boundaries of Fresno Air Terminal/Old Hammer Field site. The appropriate regulatory agencies investigated the remaining areas of the Fresno Air Terminal/Old Hammer Field site separately from Area 1, and no further concerns were identified. The project site is located approximately 0.6 miles north of Area 1. The project site is located in Area 2. Area 2 contained six burial trenches containing waste and debris and a previous vehicle maintenance area. The results of the site investigation s in this Area determined that the burial trenches contained municipal waste and that elevated levels of lead were the primary hazardous substance contaminant of concern. Based on the levels detected, DTSC in conjunction with the Fresno County Community Health Department and the Central Regional Water Quality Control Board, did not believe that the burial sites or vehicle maintenance area pose a significant threat to public health or the environment, as long as the project followed the specific control measures contained in the deed restriction. Given that the Fresno Air Terminal/Old Hammer Field site has b een under remediation for decades, the site’s status on the DTSC EnviroStor database was taken into account during the preparation of the most recent Fresno General Plan Update and included in the analysis of impacts contained within the MEIR SCH No. 20121 11015. Additionally, the impact discussion within the MEIR SCH No. 2012111015 acknowledges development, in accordance with the Fresno General Plan, could occur on a site that is on a list of hazardous material sites compiled pursuant to Government Code Sec tion 65962.5. It should be noted that the proposed animal shelter would not obstruct or conflict with the ongoing remediation efforts at Area 1 and is consistent with the site’s Light Industrial land use designation and IL zoning designation. Therefore, development on the site would not create a significant hazard to the public or the environment impact beyond those analyzed in MEIR SCH No. 2012111015. The project area is not located in an FAA-designated Runway Protection Zone, Inner Safety Zone and Sideline Safety Zone according to review of the Downtown Fresno Chandler Airport and Yosemite International Airport Existing Safety Zones Maps. Based upon the goals of the proposed project, no potential interference with an adopted emergency response or evacuation plan has been identified. In conclusion, the project will not result in any hazards and hazardous material impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. HYDROLOGY AND WATER QUALITY – Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? X b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: X i) Result in a substantial erosion or siltation on- or off-site; X ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site: X iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or X iv) impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? X e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X Fresno is one of the largest cities in the United States still relying primarily on groundwater for its public water supply. Surface water treatment and distribution has been implemented in the northeastern part of the City, but the City is still subject to an EPA Sole Source Aquifer designation. While the aquifer underlying Fresno typically exceeds a depth of 300 feet and is capacious enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, and a historic trend of high consumptive use of water on a per capita basis (some 250 gallons per day per capita), have resulted in a general decline in aquifer levels, increased cost to provide potable water, and localized water supply limitations. The MEIR SCH No. 2012111015) prepared for the Fresno General Plan (collectively, the “MEIR”) contains measures to mitigate projects’ individual and cumulative impacts to groundwater resources and to reverse the groundwater basin’s overdraft conditions, which would be uniformly applied to the project consistent with CEQA Guidelines Section 15183 Exemption. Fresno has attempted to address these issues through metering and revisions to the City’s Urban Water Management Plan (UWMP). The Fresno Metropolitan Water Resource Management Plan, which has been adopted and the accompanying Final EIR (SCH #95022029) certified, is also under revision. The purpose of these management plans is to provide safe, adequate, and dependable water supplies in order to meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. City water wells, pump stations, recharge facilities, water treatment and distribution systems have been expanded incrementally to mitigate increased water demands and respond to groundwater quality challenges. The adverse groundwater conditions of limited supply and compromised quality have been well- documented by planning, environmental impact report and technical studies over the past 20 years including the MEIR No. 2012111015 for the Fresno General Plan, the MEIR 10130 for the 2025 Fresno General Plan, Final EIR No.10100, Final EIR No.10117 and Final EIR No. SCH 95022029 (Fresno Metropolitan Water Resource Management Plan), et al. These conditions include water quality degradation due to DBCP, arsenic, iron, and manganese concentrations; low water well yields; limited aquifer storage capacity and recharge capacity; and, intensive urban or semi -urban development occurring upgradient from the Fresno Metropolitan Area. In response to the need for a comprehensive long-range water supply and distribution strategy, the Fresno General Plan recognizes the Kings Basin’s Integrated Regional Water Management Plan, Fresno-Area Regional Groundwater Management Plan, and City of Fresno Metropolitan Water Resource Management Plan and cites the findings of the City of Fresno Urban Water Management Plan (UWMP). The purpose of these management plans is to provide safe, adequate, and dependable water supplies to meet the future needs of the Kings Basin regions and the Fresno-Clovis metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. The 2010 Urban Water Management Plan, Figure 4-3 (incorporated by reference) illustrates the City of Fresno’s goals to achieve a ‘water balance’ between supply and demand while decreasing reliance upon and use of groundwater. To achieve these goals the City is implementing a host of strategies, including: Intentional groundwater recharge through reclamation at the City’s groundwater recharge facility at Leaky Acres (located northwest of Fresno-Yosemite international Airport), refurbish existing streams and canals to increase percolation, and recharge at Fresno Metropolitan Flood Control District’s (FMFCD) storm water basins; Increase use of existing surface water entitlements from the Kings River, United States Bureau of Reclamation and Fresno Irrigation District for tre atment at the Northeast Storm Water Treatment Facility (NESWTF) and construct a new Southeast Storm Water Treatment Facility (SESWTF); and Recycle wastewater at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) for treatment and re-use for irrigation, and to percolation ponds for groundwater recharge. Further actions include the General Plan, Policy RC- 6-d to prepare, adopt and implement a City of Fresno Recycled Water Master Plan. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. One of the primary objectives of Fresno’s future water supply plans detailed in Fresno’s current UWMP is to balance groundwater operations through a host of strategies. Through careful planning, Fresno has designed a comprehensive plan to accomplish this objective by increasing surface water supplies and surface water treatment facilities, intentional recharge, and c onservation, thereby reducing groundwater pumping. The City continually monitors impacts of land use changes and development project proposals on water supply facilities by assigning fixed demand allocations to each parcel by land use as currently zoned or proposed to be rezoned. Until 2004, groundwater was the sole source of water for the City. In June 2004, a $32 million Surface Water Treatment Facility (“SWTF”) began providing Fresno with water treated to drinking water standards. A second surface water treatment facility is operational in southeast Fresno to meet demands anticipated by the growth implicit in the 2025 Fresno General Plan. Surface water is used to replace lost groundwater through Fresno’s artificial recharge program at the City-owned Leaky Acres and smaller facilities in Southeast Fresno. Fresno holds entitlements to surface water from Millerton Lake and Pine Flat Reservoir. In 2006, Fresno renewed its contract with the United States Bureau of Reclamation, through the year 2045, which entitles the City to 60,000 acre-feet per year of Class 1 water. This water supply has further increased the reliability of Fresno’s water supply. Also, in 2006, Fresno updated its Metropolitan Water Resources Management Plan designed to ensure the Fresno metro area has a reliable water supply through 2050. The plan implements a conjunctive use program, combining groundwater, treated surface water, artificial recharge and an enhanced water conservation program. In the near future, groundwater will continue to be an important part of the City’s supply but will not be relied upon as heavily as has historically been the case. The City is planning to rely on expanding their delivery and treatment of surface water supplies and groundwater recharge activities. In addition, the General Plan policies require the City to maintain a comprehensive conservation program to help reduce per capita water usage, and includes conservation programs such as landscaping standards for drought tolerance, irrigation con trol devices, leak detection and retrofits, water audits, public education and implementing US Bureau of Reclamation Best Management Practices for water conservation to maintain surface water entitlements. Implementation of the Fresno General Plan policies, the Kings Basin Integrated Regional Water Management Plan, City of Fresno UWMP, Fresno -Area Regional Groundwater Management Plan, and City of Fresno Metropolitan Water Resource Management Plan and the applicable mitigation measures of approved environme ntal review documents will address the issues of providing an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes. The recently adopted 2015 UWMP analyzed the Fresno General Plans land use capacity. The project site is mostly flat and the project would not substantially alter the existing drainage pattern of the site or area. The project site does not have a stream or river. The project would not result in substantial erosion or siltation on- or off-site, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. The project would not impede or redirect flood flows and the project site is not in a location that is prone to flood hazard, tsunami, or seiche zones, and is not at risk of release of pollutants due to project inundation. The proposed project is located within the Fresno Metropolitan Flood Control District’s (FMFCD’s) service boundary, who is responsible for providing for planned local drainage facilities and improvements within the District required for the control and safe disposal of surface and stormwaters from local drainage areas. The FMFCD’s local stormwater development drainage system consists of storm drains, detention and retention basins, and pump stations. The system is designed to retain and infiltrate as much stormwater and urban runoff as possible. According to the FMFCD’s Storm Drainage and Flood Control Master Plan, there are 158 drainage areas wit hin the District’s boundaries each providing service to approximately one to two square miles. The stormwater flows into storm drain inlets, and through a network of pipes to a nearby ponding basin. The water is stored in the ponding basin to protect the neighborhood and surrounding areas from flooding and to replenish the groundwater aquifer, which is the City’s primary source of drinking water. According to the FMFCD’s Storm Drainage and Flood Control Master Plan, the project site is adjacent to an existing storm drain found on East Airways Boulevard. Additionally, existing stormwater pipes run underground along East Airways Boulevard. The final storm drainage design will be developed at the improvement plan stage of the project. It is anticipated that the proposed project would connect to this existing storm drain system and pump the stormwater and urban runoff generated by the project to the adjacent ponding basin to the east of the project site. The improvement plans for the proposed project will be required to be submitted to the FMFCD for review to ensure the project meets the District’s on-site detention system requirements and complies with the Storm Drainage and Flood Control Master Plan. The storm drainage plan will be supported by engineering calculations to ensure that the project does not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. The applicant will be required to comply with all requirements of the City of Fresno Department of Public Utilities that will reduce the project’s water impacts to less than significant. When development permits are issued, the subject site will be required to pay drainage fees pursuant to the Drainage Fee Ordinance. In conclusion, with MEIR mitigation measures incorporated, the project will not result in any hydrology or water quality impacts beyond those analyzed in MEIR SCH No. 2012111015. Project Requirement 4. The proposed project shall implement and incorporate, as applicable, the hydrology related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. LAND USE AND PLANNING – Would the project: a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X The proposed project site is designated Light Industrial and zoned Industrial Light. Upon approval, the proposed project would not conflict with any land use plan, policy or regulation given that the proposed project is consistent with the Light Industrial land use associated with the project site. The project would not require a rezone or General Plan amendment. The Light Industrial district is intended to provide areas, as identified by the General Plan, for a diverse range of light industrial uses, including limited manufacturing and processing, research and development, fabrication, utility equipment and service yards, wholesaling, warehousing, and distribution activities. Small-scale retail and ancillary office uses are also permitted. The proposed small-scale animal care uses are allowed within this land use designation and the project does not exceed the maximum FAR. Fresno General Plan Goals, Objectives and Policies Policy LU-1-a promotes new development within the existing City limits and Policy LU-2- a promotes the development of vacant, underdeveloped, and re -developable land within the City Limits where urban services are available. The project site is within the existing City limits and currently vacant. Development of the project is consistent with Policy LU-1a and LU2-a. Objective LU-7 of the General Plan aims to plan and support industrial development to promote job growth. Policy LU-7-a aims to initiate incentives to encourage the development of targeted industries to increase and diversify employment opportunities in Fresno. Policy LU-7-b promotes development of business and industrial park sites that are of sufficient size, unified in design, and diversified in activity to attract a full range of business types needed for economic growth. The project supports the above-mentioned objectives and policies in that the intensity of the proposed development is consistent with the applicable land use designation of the Fresno General Plan. Additionally, the project will diversify the activity within the surrounding Light Industrial area, which is currently developed with industrial warehouses, military f acilities, and the Fresno Yosemite International Airport. The project would also increase and diversify employment opportunities in the City of Fresno. Lastly, the project will provide a public facility that serves an important community function. Overall, the project would increase employment opportunity, make full use of existing infrastructure, promote orderly land use development by providing a necessary public facility and service needed to serve development , and will improve public health and safety throughout the City of Fresno. The project will not conflict with any conservation plans since it is not located within any conservation plan areas. No habitat conservation plans or natural community conservation plans in the region pertain to the natural resources that exist on the subject site or in its immediate vicinity. Therefore, there would be no impacts. In conclusion, the proposed project would not result in any land use and planning environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. MINERAL RESOURCES – Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X The subject site is not located in an area designated for mineral resource preservation or recovery, therefore, the project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residen ts of the state. The subject site is not delineated on a local general plan, specific plan or other land use plan as a locally-important mineral resource recovery site; therefore, it will not result in the loss of availability of a locally-important mineral resource. In conclusion, the proposed project would not result in any mineral resource environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. NOISE – Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Generation of excessive groundborne vibration or groundborne noise levels? X c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X Generally, the three primary sources of substantial noise that affect the City of Fresno and its residents are transportation-related and consist of major streets and regional highways; airport operations at the Fresno Yosemite International, the Fresno -Chandler Downtown, and the Sierra Sky Park Airports; and railroad operations along the BNSF Railway and the Union Pacific Railroad lines. In developed areas of the community, noise conflicts often occur when a noise sensitive land use is located adjacent or in proximity to a noise generator. Noise in these situations frequently stems from on-site operations, use of outdoor equipment, uses where large numbers of persons assemble, and vehicular traffic. Some land uses, such as residential dwellings hospitals, office buildings and schools , are considered noise sensitive receptors and involve land uses associated with indoor and/or outdoor activities that may be subject to stress and/or significant interference from noise. Stationary noise sources can also have an effect on the populatio n, and unlike mobile, transportation-related noise sources, these sources generally have a more permanent and consistent impact on people. These stationary noise sources involve a wide spectrum of uses and activities, including various industrial uses, co mmercial operations, agricultural production, school playgrounds, high school football games, HVAC units, generators, lawn maintenance equipment and swimming pool pumps. Potential noise sources at the project site would occur primarily from roadway noise on the project area roadways and the outdoor parking areas, as well as barking dogs located within the project site. The City of Fresno Noise Element of the Fresno General Plan establishes a land use compatibility criterion of 60dB DNL for exterior noise levels in outdoor areas of noise- sensitive land uses. The intent of the exterior noise level requirement is to provide an acceptable noise environment for outdoor activities and recreation. However, the project site is not located in the vicinity of existing sensitive land uses, and the project doesn’t propose sensitive land uses. Furthermore, the Noise Element also requires that interior noise levels attributable to exterior noise sources not exceed 45 dB DNL. The intent of the interior noise level standard is to provide an acceptable noise environment for indoor communication and sleep. For stationary noise sources, the noise element establishes noise compatibility criteria in terms of the exterior hourly equivalent sound level (L eq) and maximum sound level (Lmax). The standards are more restrictive during the nighttime hours, defined as 10:00 p.m. to 7:00 a.m. The standards may be adjusted upward (less restrictive) if the existing ambient noise level without the source of interest already exceeds these standards. The Noise Element standards for stationary noise sources are: (1) 50 dBA Leq for the daytime and 45 dBA Leq for the nighttime hourly equivalent sound levels; and, (2) 70 dBA Lmax for the daytime and 65 dBA Lmax for the nighttime maximum sound levels. Noise created by new proposed stationary noise sources or existing stationary noise sources which undergo modification that may increase noise levels shall be mitigated so as not to exceed the noise level standards of Table 9 (Table 5.11 -8 of the MEIR) at noise sensitive land uses. If the existing ambient noise levels equal or exceed these levels, mitigation is required to limit noise to the ambient noise level plus 5 dB. The project site is currently vacant. Therefore, it is reasonable to assume that the proposed project will result in an increase in temporary and/or periodic ambient noise levels on the subject property above existing levels. However, these noise levels will not exceed those generated by adjacent existing or planned land uses. Pursuant to Policy H-1-b of the Fresno General Plan, for purposes of City analyses of noise impacts, and for determining appropriate noise mitigation, a significant increase in ambient noise levels is assumed if the project causes ambient noise levels to exceed the following: (1) The ambient noise level is less than 60 dB Ldn and the project increase noise levels by 5 dB or more; (2) The ambient noise level is 60 -65 dB Ldn and the project increases noise levels by 3 dB or more; or, (3) The ambient noise le vel is greater than 65 dB Ldn and the project increases noise levels by 1.5 dB or more. Short-term Noise Impacts The construction of a project involves both short -term, construction related noise, and long-term noise potentially generated by increases in area traffic, nearby stationary sources, or other transportation sources. The Fresno Municipal Code (FMC) allows for construction noise in excess of standards if it complies with the section below (Chapter 10, Article 1, Section 10-109 – Exemptions). It states that the provisions of Article 1 – Noise Regulations of the FMC shall not apply to: Construction, repair or remodeling work accomplished pursuant to a building, electrical, plumbing, mechanical, or other construction permit issued by the city or other governmental agency, or to site preparation and grading, provided such work takes place between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday. Thus, construction activity would be exempt from City of Fresno noise regulations, as long as such activity is conducted pursuant to an applicable construction permit and occurs between 7:00 a.m. and 10:00 p.m., excluding Sunday. Therefore, short -term construction impacts associated with the exposure of persons to or the generation of noise levels in excess of standards established in the general plan or noise ordinance or applicable standards of other agencies would be less than significant. Long Term Noise Impacts The proposed project includes development of an animal shelter. The primary noise associated with an animal shelter is periodic dog barking. During nighttime hours, it is assumed that dogs will be kept in interior dog kennels; however, it is assumed that dogs would spend a portion of the daytime hours within outdoor areas, such as a gility yards, outdoor kennels, or dog runs, under the direct supervision of staff. Barking usually occurs in response to stimuli, such as persons or other dogs entering the kennel area. The degree of barking depends largely on the experience of the staff, the number of dogs outside at a time, and the level of stimuli the dogs receive. Maximum dog bark noise levels for various dog breeds are presented in Table 2 on the following page. The values presented in the table have been normalized to reference a distance of 4 feet. The highest reported dog bark noise level was of a German Shepard, with a maximum of 101 dBA. The average noise level associated with individual dog barking was calculated to be 90 dBA. Table 2 Maximum Dog Bark Sound Levels Dog Breed Sound Level, Lmax Distance German Shepard 101 dBA 4 feet Great Dane 94 dBA 4 feet Golden Retriever 93 dBA 4 feet Labrador Retriever 91 dBA 4 feet Boston Terrier 88 dBA 4 feet Mixed Breed 87 dBA 4 feet Cocker Spaniel 87 dBA 4 feet Jack Russel Terrier 81 dBA 4 feet SOURCE: NOISE ASSESSMENT STUDY FOR OPERATION FREEDOM PAWS, SANTA CLARA COUNTY, BY EDWARD L. PACK ASSOCIATES, INC. (JULY 2014) Based on a review of comparable animal shelter projects, an estimate of the average noise levels associated with the animal shelter’s outdoor areas was performed. At a distance of approximately 200 feet from the dogs, the average noise level with approximately 30-40 dogs barking intermittently was estimated to be 50 dB Leq1. As previously stated, the City of Fresno Noise Element standards for stationary noise sources are: (1) 50 dBA Leq for the daytime and 45 dBA L eq for the nighttime hourly equivalent sound levels; and, (2) 70 dBA L max for the daytime and 65 dBA Lmax for the nighttime maximum sound levels. Stationary point sources of noise – including stationary mobile sources such as idling vehicles – attenuate (lessen) at a rate of approximately 6 dB per doubling of distance from the source, depending on environmental conditions (i.e. atmospheric conditions and eith er vegetative or manufactured noise barriers, etc.). Widely distributed noises, such as a large industrial facility spread over many acres, or a street with moving vehicles, would typically attenuate at a lower rate. Based on this methodology, it is fair to assume that at 400 feet from the animal shelter the average noise level with approximately 30 -40 dogs barking intermittently would be 44 dB Leq. Given that the nearest sensitive receptor is 1,400 feet or greater from the animal shelter and that the dogs would only be allowed outside during the day, the stationary noise associated with animal shelter, including dogs barking, is consistent with the City of Fresno Noise Element standards. Additionally, the project site is located in an area developed with Light Industrial uses, including industrial warehouses, Air National Guard facility, Army National Guard Facility, other governmental facilities, and the Fresno Yosemite International Airport. Both light industrial land uses and the Fresno Yosemite International Airport produce noise levels which would either exceed or would be similar to the noise levels produced by the proposed project. Although the project will create additional activity in the area, the project will be required to comply with all noise policies from the Fresno General Plan and noise ordinance from the FMC, resulting in no noise environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. 1 Environmental Noise Assessment Study for Animal Services Center, Santa Clara County, by Bollard Acoustical Consultants, Inc. (January 2018). Fresno Yosemite International Airport Noise Impacts The Fresno Yosemite International Airport is a public airport located approximately 0.25 miles south of the project site. According to the Fresno Yosemite International Airport Land Use Compatibility Plan, the project site is located within the Airport Influence Area and within the 60 CNEL Contour Boundary. However, the project site is not located within one of the Safety Compatibility Zones. To reduce potential project-specific and cumulative impacts of public and private airports on future development, the General Plan incorporates objectives and policies, which include but are not limited to the following: NS‐1-Policy. Airport Noise Compatibility. Implement the land use and noise exposure compatibility provisions of the adopted Fresno Yosemite International Airport Land Use Compatibility Plan, the Fresno‐Chandler Downtown Airport Master and Environs Specific Plan and the Sierra Skypark Land Use Policy Plan to assess noise compatibility of proposed uses and improvements within airport influence and environs areas . Policy NS-1 would require the City approve only noise compatible land uses and limit noise-sensitive land uses, including residential uses, as defined by the Fresno Yosemite International Airport Land Use Compatibility Plan. The “Airport Land Use Nosie Compatibility Criteria” table found in the Fresno Yosemite International ALUCP notes land uses that are compatible, conditional, and incompatible depending on the exterior noise exposure from the airport. As previously noted, the project site is located within the 60 CNEL boundary. Light industrial uses are considered compatible, which means the activities associated with the Animal Shelter may be carried out on-site with essentially no interference from aircraft noise. Therefore, the proposed project would not expose people residing or working in the project area to excessive noise levels from public or private airports, resulting in a less-than-significant impact. Conclusion Although the project will create additional activity in the area, the project will be required to comply with all noise policies and mitigation measures identified within the Fresn o General Plan and MEIR as well as the noise ordinance of the Fresno Municipal Code. In conclusion, the proposed project would not result in any noise environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. POPULATION AND HOUSING – Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X The proposed project will not induce substantial population growth in this area. The project involves the development and operation of an animal shelter, which is not a population generating use. The project is the City’s direct response to a need for additional animal services to serve the existing population. The surrounding area is mostly developed or will be developed with industrial uses. The intensity of the proposed project was included in the Fresno General Plan. The proposed project site is designated and zoned for Light Industrial uses. Upon approval, the proposed project would not conflict with any land use plan, policy or regulation given that the proposed project would develop a total of 39,794 sf of building square footage, consistent with the allowed uses in the General Plan and as provided in the Fresno Municipal Code . Additionally, the project would not require extensions of infrastructure that would indirectly induce population growth. The impact would be less than significant since the surrounding uses are also industrial and given that development is occurring at a scale and scope designated by the Fresno General Plan. The proposed project will not displace any existing housing. The project will not result in displacement of any persons as there is no development on the subject property. In conclusion, the proposed project would not result in any population and housing environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. PUBLIC SERVICES – Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Drainage and flood control?? X Other public facilities? X The proposed project is an animal shelter facility. Development and operation of the animal shelter is the City’s direct response to a need for additional animal services to serve the existing population. The proposed project would generate a nominal demand for fire and police services provided by the City of Fresno Fire Dep artment and Police Department, respectively, without need for new or expanded facilities. The proposed project would not require or generate an additional demand for school, library, parks, and other public facilities and services. The subject property is located approximately 0.7 air miles (or 1.3 road miles) northwest from Fire Station10. The City of Fresno Fire Department operates its facilities under the guidance set by the National Fire Protection Association in NFPA 1710, the Standard for the Organ ization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operation to the Public by Career Fire Departments. NFPA 1710 sets standards for turnout time, travel time, and total response time for fire and emergency medi cal incidents, as well as other standards for operation and fire service. The Fire Department has established the objectives set forth in NFPA 1710 as department objectives to ensure the public health, safety, and welfare. Demand for fire service generated by the project is within planned services levels of the Fire Department and the applicant will pay any required impact fees at the time building permits are obtained. According to the Fresno General Plan MEIR, development impact fees are currently collected for the provision of capital facilities for fire facilities that will provide for future facilities as the City’s population increases. Recognizing that there would be an increased demand for fire and emergency medical response, the General Plan Upda te includes several policies to support the activities of the Fresno Fire Department. The policies and objectives from the General Plan will ensure that the proposed project does not significantly affect fire protection. Additional fire service requirements for development of the proposed project will include installation of public fire hydrants and the provision of adequate fire flows per Public Works Standards. Review for compliance with fire and life safety requirements for the interior of proposed buildings and the intended use are reviewed by both the Fire Department and the Building and Safety Services Section of the Development and Resource Management Department when a submittal for building plan review is made as required by the California Building Code. City police protection services are also available to serve the proposed project with no new facilities required for police protection. Development of the property requires compliance with grading and drainage standards of the City of Fresno . The proposed project does not include uses that would significantly increase the use of park and recreation facilities in the area . Demand for parks generated by the project is within planned services levels of the City of Fresno Parks and Community Services Department and the applicant will pay any required impact fees at the time building permits are obtained. Similarly, the proposed project’s animal shelter use would not impact the District’s student classroom capacity. If applicable, the developer will pay appropriate school fees at time of building permits. The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project site subject to implementation of the Fresno General Plan policies and the mitigation measures of the related MEIR; and, the construction and installation of public facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies. For sanitary sewer service, these infrastructure improvements and facilities include typical requirements for construction and extension of sanitary sewer mains and branches within the interior of the future proposed animal shelter development. The proposed project will also be required to provide payment of sewer connection charges. Implementation of the Fresno General Plan policies and the mitigation measures of the associated MEIR, along with the implementation of the Water Resources Management Plan, would ensure drainage impacts are less than significant. Installation of these services with meters to the proposed buildings and payment of applicable Water Capacity Charges will provide an adequate, reliable, and sustainable water supply for the project’s urban domestic and public safety consumptive purposes. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), the subject site is not located within a flood prone or hazard area, necessitating appropriate floodplain management action. The project site is mostly flat and the project would not substantially alter the existing drainage pattern of the site or area. The project site does not have a stream or river. The project would not result in substantial erosion or siltation on- or off-site, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site. The storm drainage plan will be supported by engineering calculations to ensure that the project does not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Portions of the subject property may be adequately served with permanent drainage service through existing Master Plan facilities or required Master Plan facilities to be developed in conjunction with the proposed project. The developer will be required to provide improvements which will convey surface drainage to Master Plan inlets and which will provide a path for major storm conveyance as well as construct facilities for temporary ponding purposes. In conclusion, with implementation of the MEIR Public Service Mitigation measures, the project will not result in any public service impacts beyond those analy zed in MEIR SCH No. 2012111015. Project Requirement 5. The proposed project shall implement and incorporate, as applicable, the Public Service related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X The proposed project will not result in the physical deterioration of existing parks or recreational facilities. Development of the project would not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Demand for parks generated by the project would be minimal and is within planned services levels of the City of Fresno Parks and Community Services Department. If applicable, the applicant will pay any required impact fees at the time building permits are obtained or receive credits for construction as may be memorialized within a development agreement. In conclusion, the proposed project would not result in any recreation environmental impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRANSPORTATION – Would the project: ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? X b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? X c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X d) Result in inadequate emergency access? X As shown in Figure MT-4 of the City’s General Plan (incorporated by reference), the proposed project is located within Traffic Impact Zone II. TIZ -II generally represents areas of the City currently built up and wanting to encourage infill development. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS would be required for all development projected to generate 200 or more peak hour new vehicle trips. Additionally, in accordance with Policy MT-2-i of the Fresno General Plan, when a project includes a General Plan amendment that changes the General Plan Land Use Designation, and/or when a development project is projected to generate 100 or more peak hour new vehicle trips, a Transportation Impact Study (TIS) is required in order to assess the impacts of new development projects on existing and planned streets. However, as described in Section VI. Energy, the proposed project is estimated to generate approximately 209 daily vehicles trips, which would be spread across the course of a day. Therefore, the proposed project is not anticipated to generate 100 or more peak hour new vehicle trips. Therefore, a TIS is not required and has not been prepared for the proposed project. The City Engineer has reviewed the proposed project and potential traffic related impacts for the proposed project in order to determine whether the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic which may be potentially generated. The project will include the construction of a new driveway off of East Airways Boulevard located at the intersection of East Airways Boulevard and North Cargo Lane – a driveway providing access to the nearby airport and government facilities . The East Airways Boulevard and North Cargo Lane intersection is non -signaled with traffic flowing freely along East Airways Boulevard. Vehicles heading north on North Cargo Lane will stop at a stop sign located at the terminus of North Cargo Lane before turning right to head southeast or left to head northwest along East Airways Boulevard. The new driveway will serve as the only site ingress and egress point and connect to the existing intersection, similarly to the North Cargo Lane, with vehicles stopping at a stop sign before turning left to head southeast or turn right to head northwest along East Airways Boulevard. The closest signalize intersection is approximately 1,600 sf southeast at the intersection of East Airways Boulevard and Gap Drive/East Shields Avenue. A review of the existing project site property lines and the project driveways to be constructed indicate that the proposed access driveways are located at points that minimize traffic operational impacts to the existing roadway network. The design of the proposed development has been evaluated and determined to be consistent with respect to compliance with City of Fresno standards, specification and policies. The project is located near the Fresno Yosemite International Airport; however, the project site is not located within one of the Safety Compatibility Zones and would not change air traffic levels. The project design will not create hazards or conflict with emergency access. With compliance with all City policies and plans, the project will not conflict with adopted policies or plans regarding public transit, bicycle or pedestrian facilities because said features are incorporated into the conditions of approval for the project. In conclusion, the project will not result in any transportation and circulation impacts beyond those analyzed in MEIR SCH No. 2012111015. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. TRIBAL CULTURAL RESOURCES – Would the project: ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: X i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in PRC section 5020.1(k), or, X ii) A resource determined by the lead agency, in its discretion and supported by substantial evi- dence, to be significant pursuant to criteria set forth in subdivision (c) of PRC section 5024.1. In applying the criteria set forth in subdivision (c) of PRC section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. X The site is currently vacant and has been previously disturbed and developed . If any artifacts are inadvertently discovered during ground-disturbing activities, existing federal, State, and local laws and regulations as well as the mitigation measures of the Fresno General Plan MEIR will require construction activities to cease until such artifacts are properly examined and determined not to be of significance by a qualified cultural resources professional. In conclusion, with implementation of the MEIR Cultural Resource Mitigation measures, impacts related to tribal cultural resources would be less than significant. Project Requirement 6. The proposed project shall implement and incorporate, as applicable, the cultural resources related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. UTILITIES AND SERVICE SYSTEMS – Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effect? X b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? X c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? X ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? X The proposed project will require construction of new infrastructure to connect to the existing utility connections on-site, including water, wastewater, and storm water drainage connections. Additionally, the project will include connections for electric power, natural gas, and telecommunications facilities. The installation of this infrastructure will not require any major upsizing or other offsite construction activities that would cause a significant impact. The new infrastructure would be connected to existing infrastructure that is adjacent to the project site. A primary concern with animal shelters is the sanitation process and how animal waste (i.e., urine, feces, and carcasses) will be disposed. The interior kennels and concrete outdoor animal areas will be designed to include drains to connect to the existing sanitary sewer system. The interior animal kennels and outside animal areas are anticipated to be cleaned and sanitized daily, which would include picking up the dog feces and scrubbing the kennels and outdoor concrete areas. The dog feces would be collected and placed into the solid waste collection bins and the urine would be washed down the public sanitary sewer system to be treated off-site at the wastewater treatment plant. In grassy and landscaped areas outside, any urine deposited would decompose naturally. As noted in the Project Description, animals may be euthanized at the animal shelter; however, no animal cremation would occur on-site. Euthanized animals would be collected by a licensed dead animal hauler to dispose of the animal carcasses. As discussed under the Hydrology and Water Quality section of this environmental checklist, the City has adequate water supply and the applicant will be required to comply with all requirements of the City of Fresno Department of Public Utilities t o reduce the project’s water impacts to less than significant. The proposed project will not result in a determination by the waste water treatment provider that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. Impacts to storm drainage facilities have been previously discussed under the Hydrology and Water Quality section included within this analysis herein above. As previously stated, the proposed project is located within the Fresno Metropolitan Flood Control District’s (FMFCD’s) service boundary. The FMFCD’s local stormwater development drainage system consists of storm drains, detention and retention basins, and pump stations. Stormwater and urban runoff generated by the project will flow into a storm drain and be pumped through a network of existing pipes under East Airways Boulevard to the adjacent ponding basin directly to the east. The water is stored in the ponding basin to protect the neighborhood and surrounding areas from flooding and to replenish the groundwater aquifer, which is the City’s primary source of drinking water. As discussed in the Hydrology and Water Quality section, connection to the existing storm drain system will not cause significant environmental effects. Additionally, MEIR mitigation measures incorporated as project requirements for the project require coordination with FMFCD to ensure adequacy of the storm water drainage facilities. The proposed project would be subject to the payment of any applicable connection charges and/or fees and extension of services in a manner which is compliant with the Department of Public Utilities standards, specifications, and policies. Sanitary sewer and water service delivery is also subject to payment of applicable connection charges and/or fees; compliance with the Department of Public Utilities standards, specifications, and policies; the rules and regulations of the California Public Utilities Commission and California Health Services; and, implementation of the City- wide program for the completion of incremental expansions to facilities for planned water supply, treatment, and storage. The project site will be serviced by solid waste division, which has adequate capacity to serve the project. In conclusion, with MEIR mitigation measures incorporated, the proposed project would not result in any utility and service system environmental impacts beyond those analyzed in the MEIR SCH No. 2012111015. Project Requirement 7. The proposed project shall implement and in corporate, as applicable, the utilities related mitigation measures as identified in the attached MEIR SCH No. 2012111015 Fresno General Plan Mitigation Monitoring Checklist dated February 6, 2020. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? X b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? X c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? X d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? X There are no State Responsibility Areas (SRAs) within the vicinity of the project site. The project site is not categorized as a "Very High" Fire Hazard Severity Zone (FHSZ) by CalFire. Although this CEQA topic only applies to areas within an SRA or Very High FHSZ, out of an abundance of caution, these checklist questions are analyzed below. The project site will connect to an existing network of City streets. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The risk of wildfire is related to a variety of parameters, including fuel loading (vegetation), fire weather (winds, temperatures, humidity levels and fuel moisture contents) and topography (degree of slope). Steep slopes contribute to fire h azard by intensifying the effects of wind and making fire suppression difficult. Fuels such as grass are highly flammable because they have a high surface area to mass ratio and require less heat to reach the ignition point. The project site is located in an area that is predominately urban, which is not considered at a significant risk of wildlife. The project includes development of infrastructure (water, sewer, and storm drainage) required to support the animal shelter facility uses. The project site is surrounded by existing and future urban development. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The project would not require the installation or maintena nce of infrastructure that may exacerbate fire risk. The proposed project would require the installation of storm drainage infrastructure to ensure that storm waters properly drain from the project site and does not result in downstream flooding or major drainage changes. The proposed storm drainage plan includes an engineered network of storm drain lines and landscaped bioswales. The storm drainage plan was designed and engineered to ensure proper construction of storm drainage infrastructure to control runoff and prevent flooding, erosion, and sedimentation. The project site is located within FEMA Zone X (un -shaded), indicating that the site is located outside of the 100-year flood hazard zone. Further, because the site is essentially flat and located near an existing urbanized area of the City, downstream landslides would not occur. Landslides include rockfalls, deep slope failure, and shallow slope failure. Factors such as the geological conditions, drainage, slope, vegetation, and others directly af fect the potential for landslides. One of the most common causes of landslides is construction activity that is associated with road building (i.e. cut and fill). The project site is relatively flat; therefore, the potential for a landslide in the project site is essentially non-existent. In conclusion, the proposed project would not result in any wildfire environmental impacts. ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIX. MANDATORY FINDINGS OF SIGNIFICANCE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X The proposed project is considered to be proposed at a size and scope which is neither a direct or indirect detriment to the quality of the environment through reductions in habitat, populations, or examples of local history (through either individual or cumulative impacts). The proposed project does not have the potential to degrade the quality of the environment or reduce the habitat of wildlife species and will not threaten plant communities or endanger any floral or faunal species. Furthermore the project has no potential to eliminate important examples of major periods in history. In summary, given the mitigation measures required of the proposed project and the analysis detailed in the preceding Initial Study, the proposed project: Does not have environmental impacts which will cause substantial adverse effects on human beings, either directly nor indirectly. Does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish/wildlife or native plant species (or cause their population to drop below self-sustaining levels), does not threaten to eliminate a native plant or animal community, and does not threaten or restrict the range of a rare or endangered plant or animal. Does not eliminate important examples of elements of California history or prehistory. Does not have impacts which would be cumulatively considerable even though individually limited. Therefore, there are no mandatory findings of significance and preparation of an Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report is not warranted for this project. Project Requirement Checklist for EA No. P20-00511 February 6, 2020 INCORPORATING MITIGATION MEASURES FROM THE MASTER ENVIRONMENTAL IMPACT REPORT (MEIR) CERTIFIED FOR THE CITY OF FRESNO GENERAL PLAN UPDATE (SCH No. 2012111015) A - Incorporated into Project B - Project Requirement Complete C - Project Requirement in Progress . D - Responsible Agency Contacted E - Part of City-wide Program F - Not Applicable The timing of implementing each project requirements is identified in in the checklist, as well as identifies the entity responsible for verifying that the project requirement applied to a project are performed. Project applicants are responsible for providing evidence that project requirements are implemented. As lead agency, the City of Fresno is responsible for verifying that the project requirements are performed/completed. Page 1 This Project Requirement checklist was prepared pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 to uniformly apply development standards and policies found in the MEIR and associated MEIR Mitigation Monitoring Checklist to ensure that any site-specific impacts or construction-related impacts are reduced to a less-than-significant level. The MEIR Mitigation Monitoring Checklist was certified as part of the Fresno City Council’s approval of the MEIR for the Fresno General Plan update (Fresno City Council Resolution 2014-225, adopted December 18, 2014). Letter designations to the right of each MEIR Project Requirement listed in this Exhibit note how the project requirement relates to the environmental assessment of the above- listed project, according to the key found at right and at the bottoms of t he following pages: PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F Aesthetics: AES-1. Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. Verification comments: Prior to issuance of building permits Public Works Department (PW) and Development & Resource Management Dept. (DARM) X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 2 Aesthetics (continued): AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Verification comments: Prior to issuance of building permits DARM X AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Verification comments: Prior to issuance of building permits DARM X X AES-4: Lighting systems for freestanding signs shall not exceed 100 foot Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT -L when adjacent to streets which have an average light intensity of 2.0 horizontal footcandles or greater. Verification comments: Prior to issuance of building permits DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 3 Aesthetics (continued): AES-5: Materials used on building facades shall be non - reflective. Verification comments: Prior to development project approval DARM X Air Quality: AIR-1: Projects that include five or more heavy-duty truck deliveries per day with sensitive receptors located within 300 feet of the truck loading area shall provide a screening analysis to determine if the project has the potential to exceed criteria pollutant concentration based standards and thresholds for NO2 and PM2.5. If projects exceed screening criteria, refined dispersion modeling and health risk assessment shall be accomplished and if needed, mitigation measures to reduce impacts shall be included in the project to reduce the impacts to the extent feasible. Mitigation measures include but are not limited to: • Locate loading docks and truck access routes as far from sensitive receptors as reasonably possible considering site design limitations to comply with other City design standards. • Post signs requiring drivers to limit idling to 5 minutes or less. Verification comments: Prior to development project approval DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 4 Air Quality (continued): AIR-2: Projects that result in an increased cancer risk of 10 in a million or exceed criteria pollutant ambient air quality standards shall implement site-specific measures that reduce toxic air contaminant (TAC) exposure to reduce excess cancer risk to less than 10 in a million. Possible control measures include but are not limited to: • Locate loading docks and truck access routes as far from sensitive receptors as reasonably possible considering site design limitations to comply with other City design standards. • Post signs requiring drivers to limit idling to 5 minutes or less • Construct block walls to reduce the flow of emissions toward sensitive receptors • Install a vegetative barrier downwind from the TAC source that can absorb a portion of the diesel PM emissions • For projects proposing to locate a new building containing sensitive receptors near existing sources of TAC emissions, install HEPA filters in HVAC systems to reduce TAC emission levels exceeding risk thresholds. • Install heating and cooling services at truck stops to eliminate the need for idling during overnight stops to run onboard systems. (continued on next page) Prior to development project approval DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 5 Air Quality (continued): AIR-2 (continued from previous page) • For large distribution centers where the owner controls the vehicle fleet, provide facilities to support alternative fueled trucks powered by fuels such as natural gas or bio-diesel • Utilize electric powered material handling equipment where feasible for the weight and volume of material to be moved. Verification comments: [see previous page] [see previous page] AIR-3: Require developers proposing projects on ARB’s list of projects in its Air Quality and Land Use Handbook (Handbook) warranting special consideration to prepare a cumulative health risk assessment when sensitive receptors are located within the distance screening criteria of the facility as listed in the ARB Handbook. Verification comments: Prior to development project approval DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 6 Air Quality (continued): AIR-4: Require developers of projects containing sensitive receptors to provide a cumulative health risk assessment at project locations exceeding ARB Land Use Handbook distance screening criteria or newer criteria that may be developed by the San Joaquin Valley Air Pollution Control District (SJVAPCD). Verification comments: Prior to development project approval DARM X AIR-5: Require developers of projects with the potential to generate significant odor impacts as determined through review of SJVAPCD odor complaint history for similar facilities and consultation with the SJVAPCD to prepare an odor impact assessment and to implement odor control measures recommended by the SJVAPCD or the City to the extent needed to reduce the impact to less than significant. Verification comments: Prior to development project approval DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 7 Biological Resources: BIO-1: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Planning Area. If construction within potentially suitable habitat must occur, the presence/absence of any special- status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special - status species. If special-status species are determined to occupy any portion of a project site, avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. Verification comments: Prior to development project approval DARM X X BIO-2: Direct or incidental take of any state or federally listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the California Department of Fish and Wildlife (CDFW) 2081 and U.S. Fish and Wildlife Service (USFWS) Section 7 or Section 10 permitting processes must take place prior to any action that (continued on next page) Prior to development project approval DARM X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 8 Biological Resources (continued): BIO-2 (continued from previous page) may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. Verification comments: [see previous page] [see previous page] BIO-3: Development within the Planning Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and the California Endangered Species Act (CESA). Mitigation will consist of preserving on-site habitat, restoring similar habitat or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant (continued on next page) Prior to development project approval DARM X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 9 Biological Resources (continued): BIO-3 (continued from previous page): level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special -status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. Verification comments: [see previous page] [see previous page] BIO-4: Proposed projects within the Planning Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted to determine if any nesting birds or nesting activity is observed on or within 500-feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities (continued on next page) Prior to development project approval and during construction activities DARM X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 10 Biological Resources (continued): BIO-4 (continued from previous page): may continue in the vicinity of the nest only at the discretion of the biological monitor. Verification comments: [see previous page] [see previous page] BIO-5: If a proposed project will result in the removal or impact to any riparian habitat and/or a special -status natural community with potential to occur in the Planning Area, compensatory habitat-based mitigation shall be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off - site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat -based mitigation will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by- case basis. Verification comments: Prior to development project approval DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 11 Biological Resources (continued): BIO-6: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. CDFW and/or USACE consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. Verification comments: Prior to development project approval DARM X BIO-7: Project-related impacts to riparian habitat or a special- status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special -status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special- status species, as determined by the CDFW and/or USFWS. Verification comments: Prior to development project approval DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 12 Biological Resources (continued): BIO-8: If a proposed project will result in the significant alteration or fill of a federally protected wetland, a formal wetland delineation conducted according to U.S. Army Corps of Engineers (USACE) accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shall be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of a wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Planning Area. Appropriate wetland mitigation/creation shall be implemented in a ratio according to the size of the impacted wetland. Verification comments: Prior to development project approval DARM X BIO-9: In addition to regulatory agency permitting, Best Management Practices (BMPs) identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and (continued on next page) Prior to development project approval; but for long-term operational BMPs, prior to issuance of occupancy DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 13 Biological Resources (continued): BIO-9 (continued from previous page): incorporating detention basins shall assist in ensuring project - related impacts to wetland habitat are minimized to the greatest extent feasible. Verification comments: [see previous page] [see previous page] Cultural Resources: CUL-1: If previously unknown resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and (continued on next page) Prior to commencement of, and during, construction activities DARM X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 14 Cultural Resources (continued): CUL-1 (continued from previous page) recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these . Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-germ preservation to allow future scientific study. Verification comments: [see previous page] [see previous page] CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that buried prehistoric (continued on next page) Prior to commencement of, and during, construction activities DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 15 Cultural Resources (continued): CUL-2 (continued from previous page) archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with CEQA Guidelines Section 15064.5. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided (continued on next page) [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 16 Cultural Resources (continued): CUL-2 (further continued from previous two pages) to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If prehistoric resources are found during the fi eld survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during (continued on next page) [see Page 14] [see Page 14] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 17 Cultural Resources (continued): CUL-2 (further continued from previous three pages) excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Verification comments: [see Page 14] [see Page 14] CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field survey or literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered (continued on next page) Prior to commencement of, and during, construction activities DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 18 Cultural Resources (continued): PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 19 CUL-3 (continued from previous page) resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the (continued on next page) [see previous page] [see previous page] Cultural Resources (continued): PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 20 CUL-3 (further continued from previous two pages) resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are f ound during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Verification comments: [see Page 17] [see Page 17] CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most (continued on next page) Prior to commencement of, and during, construction activities DARM X X Cultural Resources (continued): PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 21 CUL-4 (continued from previous page) likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Verification comments: [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 22 Hazards and Hazardous Materials HAZ-1: Re-designate the existing vacant land proposed for low density residential located northwest of the intersection of East Garland Avenue and North Dearing Avenue and located within Fresno Yosemite International Airport Zone 1-RPZ, to Open Space. Verification comments: Prior to development approvals DARM X HAZ-2: Limit the proposed low density residential (1 to 3 dwelling units per acre) located northwest of the airport , and located within Fresno Yosemite International Airport Zone 3-Inner Turning Area, to 2 dwelling units per acre or less. Verification comments: Prior to development approvals DARM X HAZ-3: Re-designate the current area within Fresno Yosemite International Airport Zone 5-Sideline located northeast of the airport to Public Facilities-Airport or Open Space. Verification comments: Prior to development approvals DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 23 Hazards and Hazardous Materials (continued): HAZ-4: Re-designate the current vacant lots at the northeast corner of Kearney Boulevard and South Thorne Avenue to Public Facilities-Airport or Open Space. Verification comments: Prior to development approvals DARM X HAZ-5: Prohibit residential uses within Safety Zone 1 northwest of the Hawes Avenue and South Thorne Avenue intersection. Verification comments: Prior to development approvals DARM X HAZ-6: Establish an alternative Emergency Operations Center in the event the current Emergency Operations Center is under redevelopment or blocked. Verification comments: Prior to redevelopment of the current Emergency Operations Center Fresno Fire Department and Mayor/ City Manager’s Office X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 24 Hydrology and Water Quality HYD-1: The City shall develop and implement water conservation measures to reduce the per capita water use to 215 gallons per capita per day. Verification comments: Prior to water demand exceeding water supply Department of Public Utilities (DPU) X HYD-2: The City shall continue to be an active participant in the Kings Water Authority and the implementation of the Kings Basin IRWMP. Verification comments: Ongoing DPU X HYD-5.1: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan collection systems to less than significant. Implement the existing Storm Drainage Master Plan (SDMP) for collection systems in drainage areas where the amount of imperviousness is unaffected by the change in land uses. (continued on next page) Prior to exceedance of capacity of existing stormwater drainage facilities Fresno Metropolitan Flood Control District (FMFCD), DARM, and PW X X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 25 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 26 Hydrology and Water Quality (continued): HYD-5.1 (continued from previous page) Update the SDMP in those drainage areas where the amount of imperviousness increased due to the change in land uses to determine the changes in the collection systems that would need to occur to provide adequate capacity for the stormwater runoff from the increased imperviousness. Implement the updated SDMP to provide stormwater collection systems that have sufficient capacity to convey the peak runoff rates from the areas of increased imperviousness. Require developments that increase site imperviousness to install, operate, and maintain FMFCD approved on-site detention systems to reduce the peak runoff rates resulting from the increased imperviousness to the peak runoff rates that will not exceed the capacity of the existing stormwater collection systems. Verification comments: [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 27 Hydrology and Water Quality (continued): HYD-5.2: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan retention basins to less than significant: Consult the SDMP to analyze the impacts to existing and planned retention basins to determine remedial measures required to reduce the impact on retention basin capacity to less than significant. Remedial measures would include: Increase the size of the retention basin through the purchase of more land or deepening the basin or a combination for planned retention basins. Increase the size of the emergency relief pump capacity required to pump excess runoff volume out of the basin and into adjacent canal that convey the stormwater to a disposal facility for existing retention basins. Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce runoff volume to the runoff volume that will not exceed the capacity of the existing retention basins. Verification comments: Prior to exceedance of capacity of existing retention basin facilities FMFCD, DARM, and PW X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 28 Hydrology and Water Quality (continued): HYD-5.3: The City and partnering agencies shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan urban detention (stormwater quality) basins to less than significant. Consult the SDMP to determine the impacts to the urban detention basin weir overflow rates and determine remedial measures required to reduce the impact on the detention basin capacity to less than significant. Remedial measures would include: Modify overflow weir to maintain the suspended solids removal rates adopted by the FMFCD Board of Directors. Increase the size of the urban detention basin to increase residence time by purchasing more land. The existing detention basins are already at the adopted design depth. Require developments that increase runoff volume to install, operate, and maintain, Low Impact Development (LID) measures to reduce peak runoff rates and runoff volume to the runoff rates and volumes that will not exceed the weir overflow rates of the existing urban detention basins. Verification comments: Prior to exceedance of capacity of existing urban detention basin (stormwater quality) facilities FMFCD, DARM, and PW X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 29 Hydrology and Water Quality (continued): HYD-5.4: The City shall implement the following measures to reduce the impacts on the capacity of existing or planned storm drainage Master Plan pump disposal systems to less than significant. Consult the SDMP to determine the extent and degree to which the capacity of the existing pump system will be exceeded. Require new developments to install, operate, and maintain FMFCD design standard on-site detention facilities to reduce peak stormwater runoff rates to existing planned peak runoff rates. Provide additional pump system capacity to maximum allowed by existing permitting to increase the capacity to match or exceed the peak runoff rates determined by the SDMP. Verification comments: Prior to exceedance of capacity of existing pump disposal systems FMFCD, DARM, and PW X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 30 Hydrology and Water Quality (continued): HYD-5.5: The City shall work with FMFCD to develop and adopt an update to the SDMP for the Southeast Development Area that would be adequately designed to collect, convey and dispose of runoff at the rates and volumes which would be generated by the planned land uses in that area. Verification comments: Prior to development approvals in the Southeast Development Area FMFCD, DARM, and PW X Public Services: PS-1: As future fire facilities are planned, the fire department shall evaluate if specific environmental effects would occur. Typical impacts from fire facilities include noise, traffic, and lighting. Typical mitigation to reduce these impacts includes: Noise: Barriers and setbacks on the fire department sites. Traffic: Traffic devices for circulation and a “keep clear zone” during emergency responses. Lighting: Provision of hoods and deflectors on lighting fixtures on the fire department sites. Verification comments: During the planning process for future fire department facilities DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 31 Public Services (continued): PS-2: As future police facilities are planned, the police department shall evaluate if specific environmental effects would occur. Typical impacts from police facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from police department facilities includes: Noise: Barriers and setbacks on the police department sites. Traffic: Traffic devices for circulation. Lighting: Provision of hoods and deflectors on lighting fixtures on the police department sites. Verification comments: During the planning process for future Police Department facilities DARM X PS-3: As future public and private school facilities are planned, school districts shall evaluate if specific environmental effects would occur with regard to public schools, and DARM shall evaluate other school facilities . Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from school facilities includes: (continued on next page) During the planning process for future school facilities DARM, local school districts, and the Division of the State Architect X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 32 Public Services (continued): PS-3 (continued from previous page) Noise: Barriers and setbacks placed on school sites. Traffic: Traffic devices for circulation. Lighting: Provision of hoods and deflectors on lighting fixtures for stadium lights. Verification comments: [see previous page] [see previous page] PS-4: As future parks and recreational facilities are planned, the City shall evaluate if specific environmental effects would occur. Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts from park and recreational facilities includes: Noise: Barriers and setbacks placed on school sites. Traffic: Traffic devices for circulation. Lighting: Provision of hoods and deflectors on lighting fixtures for outdoor play area/field lights. Verification comments: During the planning process for future park and recreation facilities DARM X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 33 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 34 Public Services (continued): PS-5: As future detention, court, library, and hospital facilities are planned, the appropriate agencies shall evaluate if specific environmental effects would occur. Typical impacts from court, library, and hospital facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts includes: Noise: Barriers and setbacks placed on school sites. Traffic: Traffic devices for circulation. Lighting: Provision of hoods and deflectors on outdoor lighting fixtures. Verification comments: During the planning process for future detention, court, library, and hospital facilities DARM, to the extent that agencies constructing these facilities are subject to City of Fresno regulation X Utilities and Service Systems USS-1: The City shall develop and implement a wastewater master plan update. Verification comments: Prior to wastewater conveyance and treatment demand exceeding capacity DPU X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 35 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 36 Utilities and Service Systems (continued): USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements: Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment and Reclamation Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Verification comments: Prior to exceeding existing wastewater treatment capacity DPU X USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After (continued on next page) Prior to exceeding existing wastewater treatment capacity DPU X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 37 Utilities and Service Systems (continued): USS-3 (continued from previous page) approximately the year 2025, the City shall construct the following improvements: Construct an approximately 24 MGD wastewater treatment facility within the Southeast Development Area and obtain revised waste discharge requirements as the generation of wastewater is increased. Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment and Reclamation Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Verification comments: [see previous page] [see previous page] USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented , subject to approval by the City (and Fresno County, when work is being done in unincorporated area roadways). The plan shall identify access and parking restrictions, pavement markings and signage, and hours of construction and for deliveries. It shall include haul routes, the notification plan, and coordination with emergency service providers and schools. Verification comments: Prior to construction of water and sewer facilities PW for work in the City; PW and Fresno County Public Works and Planning when unincorporated area roadways are involved X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 38 Utilities and Service Systems (continued): USS-5: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27 inches to 42 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07-REP. Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33 inches to 60 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1-REP and CM2-REP. (continued on next page) Prior to exceeding capacity within the existing wastewater collection system facilities DPU X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 39 Utilities and Service Systems (continued): USS-5 (continued from previous page) North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48 inches to 66 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1. Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24 inches to 36 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. Verification comments: [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 40 Utilities and Service Systems (continued): USS-6: Prior to exceeding capacity within the existing 28 pipeline segments shown in Figures 1 and 2 in Appendix J-1, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. Verification comments: Prior to exceeding capacity within the existing 28 pipeline seg- ments shown in Figures 1 and 2 in Appendix J-1 of the MEIR DPU X USS-7: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update (2014 Metro Plan Update) Phase 2 Report, dated January 2012. (continued on next page) Prior to exceeding existing water supply capacity DPU X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 41 Utilities and Service Systems (continued): USS-7 (continued from previous page) Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9 -1 of the 2014 Metro Plan Update. Verification comments: [see previous page] [see previous page] USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided by approximately 2025. Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. (continued on next page) Prior to exceeding capacity within the existing water conveyance facilities DPU X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 42 Utilities and Service Systems (continued): USS-8 (continued from previous page) Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. (continued on next page) [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 43 Utilities and Service Systems (continued): USS-8 (continued from previous two pages) Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch diameter, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Construct 95.9 miles of 16-inch diameter transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2014 Metro Plan Update. Verification comments: [see Page 37] [see Page 37] USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. (continued on next page) Prior to exceeding capacity within the existing water conveyance facilities DPU X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 44 Utilities and Service Systems (continued): USS-9 (continued from previous page) Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. Verification comments: [see previous page] [see previous page] USS-10: In order to maintain Fresno Irrigation District canal operability, FMFCD shall maintain operational intermittent flows during the dry season, within defined channel capacity and downstream capture capabilities, for recharge. Verification comments: During the dry season Fresno Irrigation District (FID) X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 45 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 46 Utilities and Service Systems - Biological Resources: USS-11: When FMFCD proposes to provide drainage service outside of urbanized areas: (a) FMFCD shall conduct preliminary investigations on undeveloped lands outside of highly urbanized areas. These investigations shall examine wetland hydrology, vegetation and soil types. These preliminary investigations shall be the basis for making a determination on whether or not more in-depth wetland studies shall be necessary. If the proposed project site does not exhibit wetland hydrology, support a prevalence of wetland vegetation and wetland soil types then no further action is required. (b) Where proposed activities could have an impact on areas verified by the Corps as jurisdictional wetlands or waters of the U.S. (urban and rural streams, seasonal wetlands, and vernal pools), FMFCD shall obtain the necessary Clean Water Act, Section 404 permits for activities where fill material shall be placed in a wetland, obstruct the flow or circulation of waters of the United States, impair or reduce the reach of such waters . As part of FMFCD’s Memorandum of Understanding with CDFG, Section 404 and 401 permits would be obtained from the U.S. Army Corps of Engineers and from the (continued on next page) Prior to development approvals outside of highly urbanized areas California Regional Water Quality Control Board (RWQCB), and USACE X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 47 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous page) Regional Water Quality Control Board for any activity involving filling of jurisdictional waters). At a minimum, to meet “no net loss policy,” the permits shall require replacement of wetland habitat at a 1:1 ratio. (c) Where proposed activities could have an impact on areas verified by the Corps as jurisdictional wetlands or waters of the U.S. (urban and rural streams, seasonal wetlands, and vernal pools), FMFCD shall submit and implement a wetland mitigation plan based on the wetland acreage verified by the U.S. Army Corps of Engineers. The wetland mitigation plan shall be prepared by a qualified biologist or wetland scientist experienced in wetland creation, and shall include the following or equally effective elements: i. Specific location, size, and existing hydrology and soils within the wetland creation area. ii. Wetland mitigation techniques, seed source, planting specifications, and required buffer setbacks. In addition, the mitigation plan shall ensure adequate water supply is provided to the created wetlands in order to maintain the proper (continued on next page) [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 48 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous two pages) hydrologic regimes required by the different types of wetlands created. Provisions to ensure the wetland water supply is maintained in perpetuity shall be included in the plan. iii. A monitoring program for restored, enhanced, created, and preserved wetlands on the project site. A monitoring program is required to meet three objectives; 1) establish a wetland creation success criteria to be met; 2) to specify monitoring methodology; 3) to identify as far as is possible, specific remedial actions that will be required in order to achieve the success criteria; and 4) to document the degree of success achieved in establishing wetland vegetation. (d) A monitoring plan shall be developed and implemented by a qualified biologist to monitor results of any on-site wetland restoration and creation for five years. The monitoring plan shall include specific success criteria, frequency and timing of monitoring, and assessment of whether or not maintenance activities are being carried out and how these shall be adjusted if necessary. (continued on next page) [see Page 41] [see Page 41] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 49 Utilities and Service Systems - Biological Resources (continued): USS-11 (continued from previous three pages) If monitoring reveals that success criteria are not being met, remedial habitat creation or restoration should be designed and implemented by a qualified biologist and subject to five years of monitoring as described above. Or (e) In lieu of developing a mitigation plan that outlines the avoidance, purchase, or creation of wetlands, FMFCD could purchase mitigation credits through a Corps approved Mitigation Bank. Verification comments: [see Page 41] [see Page 41] USS-12: When FMFCD proposes to provide drainage service outside in areas that support seasonal wetlands or vernal pools: (a) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools, FMFCD shall conduct a preliminary rare plant assessment. The assessment will determine the likelihood on whether or not the project site could support rare plants. If it is determined that the project site would not support rare plants, then no further (continued on next page) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools California Department of Fish & Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS) X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 50 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 51 Utilities and Service Systems - Biological Resources (continued): USS-12 (continued from previous page) action is required. However, if the project site has the potential to support rare plants; then a rare plant survey shall be conducted. Rare plant surveys shall be conducted by qualified biologists in accordance with the most current CDFG/USFWS guidelines or protocols and shall be conducted at the time of year when the plants in question are identifiable. (b) Based on the results of the survey, prior to design approval, FMFCD shall coordinate with CDFG and/or implement a Section 7 consultation with USFWS, shall determine whether the project facility would result in a significant impact to any special status plant species. Evaluation of project impacts shall consider the following: The status of the species in question (e.g., officially listed by the State or Federal Endangered Species Acts). The relative density and distribution of the on-site occurrence versus typical occurrences of the species in question. (continued on next page) [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 52 Utilities and Service Systems - Biological Resources (continued): USS-12 (continued from previous two pages) The habitat quality of the on-site occurrence relative to historic, current or potential distribution of the population. (c) Prior to design approval, and in consultation with the CDFG and/or the USFWS, FMFCD shall prepare and implement a mitigation plan, in accordance with any applicable State and/or federal statutes or laws, that reduces impacts to a less than significant level. Verification comments: [see Page 44] [see Page 44] USS-13: When FMFCD proposes to provide drainage service outside in areas that support seasonal wetlands or vernal pools: (a) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools, FMFCD shall conduct a preliminary survey to determine the presence of listed vernal pool crustaceans. (continued on next page) During facility design and prior to initiation of ground disturbing activities in areas that support seasonal wetlands or vernal pools CDFW and USFWS X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 53 Utilities and Service Systems - Biological Resources (continued): USS-13 (continued from previous page) (b) If potential habitat (vernal pools, seasonally inundated areas) or fairy shrimp exist within areas proposed to be disturbed, FMFCD shall complete the first and second phase of fairy shrimp presence or absence surveys. If an absence finding is determined and accepted by the USFWS, then no further mitigation shall be required for fairy shrimp. (c) If fairy shrimp are found to be present within vernal pools or other areas of inundation to be impacted by the implementation of storm drainage facilities, FMFCD shall mitigate impacts on fairy shrimp habitat in accordance with the USFWS requirements of the Programmatic Biological Opinion. This shall include on-site or off-site creation and/or preservation of fairy shrimp habitat at ratios ranging from 3:1 to 5:1 depending on the habitat impacted and the choice of on-site or off-site mitigation. Or mitigation shall be the purchase of mitigation credit through an accredited mitigation bank. Verification comments: [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 54 Utilities and Service Systems - Biological Resources (continued): USS-14: When FMFCD proposes to construct drainage facilities in an area where elderberry bushes may occur: (a) During facility design and prior to initiation of construction activities, FMFCD shall conduct a project- specific survey for all potential Valley Elderberry Longhorn Beetle (VELB) habitats (elderberry shrubs), including a stem count and an assessment of historic or current VELB habitat. (b) FMFCD shall avoid and protect all potential identified VELB habitat where feasible. (c) Where avoidance is infeasible, develop and implement a VELB mitigation plan in accordance with the most current USFWS mitigation guidelines for unavoidable take of VELB habitat pursuant to either Section 7 or Section 10(a) of the Federal Endangered Species Act. The mitigation plan shall include, but might not be limited to, relocation of elderberry shrubs, planting of elderberry shrubs, and monitoring of relocated and planted elderberry shrubs. Verification comments: During facility design and prior to initiation of construction activities CDFW and USFWS X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 55 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 56 Utilities and Service Systems - Biological Resources (continued): USS-15: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat, FMFCD shall conduct a survey of trees. If nests are found during the survey, a qualified biologist shall assess the nesting activity on the project site. If active nests are located, no construction activities shall be allowed within 250 feet of the nest until the young have fledged. If construction activities are planned during the no n-breeding period (August through February), a nest survey is not necessary. Verification comments: Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat CDFW and USFWS X USS-16: When FMFCD proposes to construct drainage facilities in an area that supports bird nesting habitat: (a) FMFCD shall conduct a pre-construction breeding- season survey (approximately February 1 through August 31) of proposed project sites in suitable habitat (levee and canal berms, open grasslands with suitable burrows) during the same calendar year that construction is planned to begin. If phased construction procedures are planned for the proposed project, the results of the above survey shall be valid only for the season when it is conducted. (continued on next page) Prior to ground disturbing activities during nesting season (March through July) for a project that supports bird nesting habitat CDFW and USFWS X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 57 PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 58 Utilities and Service Systems - Biological Resources (continued): USS-16 (continued from previous page) (b) During the construction stage, FMFCD shall avoid all burrowing owl nest sites potentially disturbed by project construction during the breeding season while the nest is occupied with adults and/or young. The occupied nest site shall be monitored by a qualified biologist to determine when the nest is no longer used. Avoidance shall include the establishment of a 160-foot diameter non-disturbance buffer zone around the nest site. Disturbance of any nest sites shall only occur outside of the breeding season and when the nests are unoccupied based on monitoring by a qualified biologist. The buffer zone shall be delineated by highly visible temporary construction fencing. Based on approval by CDFG, pre-construction and pre- breeding season exclusion measures may be implemented to preclude burrowing owl occupation of the project site prior to project-related disturbance. Burrowing owls can be passively excluded from potential nest sites in the construction area, either by closing the burrows or placing one -way doors in the burrows according to current CDFG protocol. Burrows shall be examined not more than 30 days before construction to ensure that no owls have recolonized the area of construction. (continued on next page) [see previous page] [see previous page] PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 59 Utilities and Service Systems - Biological Resources (continued): USS-16 (continued from previous two pages) For each burrow destroyed, a new burrow shall be created (by installing artificial burrows at a ratio of 2:1 on protected lands nearby. Verification comments: [see Page 49] [see Page 49] USS-17: When FMFCD proposes to construct drainage facilities in the San Joaquin River corridor: (a) FMFCD shall not conduct instream activities in the San Joaquin River between October 15 and April 15. If this is not feasible, FMFCD shall consult with the National Marine Fisheries Service and CDFW on the appropriate measures to be implemented in order to protect listed salmonids in the San Joaquin River. (b) Riparian vegetation shading the main channel that is removed or damaged shall be replaced at a ratio and quantity sufficient to maintain the existing shading of the channel. The location of replacement trees on or within (continued on next page) During instream activities conducted between October 15 and April 15 National Marine Fisheries Service (NMFS), CDFW , and Central Valley Flood Protection Board (CVFPB) X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 60 Utilities and Service Systems / Biological Resources (continued): USS-17 (continued from previous page) FMFCD berms, detention ponds or river channels shall be approved by FMFCD and the Central Valley Flood Protection Board. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Recreation / Trails: USS-18: When FMFCD updates its District Service Plan: Prior to final design approval of all elements of the District Services Plan, FMFCD shall consult with Fresno County, City of Fresno, and City of Clovis to determine if any element would temporarily disrupt or permanently displace adopted existing or planned trails and associated recreational facilities as a result of the proposed District Services Plan. If the proposed project would not temporarily disrupt or permanently displace adopted existing or planned trails, no further mitigation is necessary. If the proposed project would have an effect on the trails and associated facilities, FMFCD shall implement the following: (continued on next page) Prior to final design approval of all elements of the District Services Plan DARM, PW, City of Clovis, and County of Fresno X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 61 Utilities and Service Systems – Recreation / Trails (continued): USS-18 (continued from previous page) (a) If short-term disruption of adopted existing or planned trails and associated recreational facilities occur, FMFCD shall consult and coordinate with Fresno County, City of Fresno, and City of Clovis to temporarily re-route the trails and associated facilities. (b) If permanent displacement of the adopted existing or planned trails and associated recreational facilities occur, the appropriate design modifications to prevent permanent displacement shall be implemented in the final project design or FMFCD shall replace these facilities. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Air Quality: USS-19: When District drainage facilities are constructed, FMFCD shall: (a) Minimize idling time of construction equipment vehicles to no more than ten minutes, or require that engines be shut off when not in use. (continued on next page) During storm water drainage facility construction activities Fresno Metropolitan Flood Control District and SJVAPCD X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 62 Utilities and Service Systems – Air Quality (continued): USS-19 (continued from previous page) (b) Construction shall be curtailed as much as possible when the Air Quality Index (AQI) is above 150. AQI forecasts can be found on the SJVAPCD web site. (c) Off-road trucks should be equipped with on-road engines if possible. (d) Construction equipment should have engines that meet the current off-road engine emission standard (as certified by CARB), or be re-powered with an engine that meets this standard. Verification comments: [see previous page] [see previous page] Utilities and Service Systems – Adequacy of Storm Water Drainage Facilities: USS-20: Prior to exceeding capacity within the existing storm water drainage facilities, the City shall coordinate with FMFCD to evaluate the storm water drainage system and shall not approve additional development that would convey additional storm water to a facility that would experience an exceedance of capacity until the necessary additional capacity is provided. Verification comments: Prior to exceeding capacity within the existing storm water drainage facilities FMFCD, PW, and DARM X X PROJECT REQUIREMENT CHECKLIST FOR EA NO. P20-00511 February 6, 2020 PROJECT REQUIREMENT WHEN IMPLEMENTED COMPLIANCE VERIFIED BY A B C D E F A - Incorporated into Project C - Project Requirement in Progress E - Part of City-Wide Program B - Project Requirement Complete D - Responsible Agency Contacted F - Not Applicable Page 63 Utilities and Service Systems – Adequacy of Water Supply Capacity: USS-21: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the City shall construct an approximately 25,000 AF/year tertiary recycled water expansion to the Fresno- Clovis Regional Wastewater Reclamation Facility in accordance with the 2013 Recycled Water Master Plan and the 2014 City of Fresno Metropolitan Water Resources Management Plan update. Implementation of Mitigation Measure USS -5 is also required prior to approximately the year 2025. Verification comments: Prior to exceeding existing water supply capacity DPU and DARM X X Utilities and Service Systems – Adequacy of Landfill Capacity: USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Verification comments: Prior to exceeding landfill capacity DPU and DARM X Appendix A: Energy Calculations D e N o v o P l a n n i n g G r o u p A L a n d U s e P l a n n i n g , D e s i g n , a n d E n v i r o n m e n t a l F i r m Off-road Mobile (Construction) Energy Usage Note:For the sake of simplicity, and as a conservative estimation, it was assumed that all off-road vehicles use diesel fuel as an energy source. Site preparation and grading off-road mobile vehicle on-site gallons of fuel are calculated below. Given Factor:18.9 metric tons CO2 (provided in CalEEMod Output File) Conversion Factor:2204.6262 pounds per metric ton Intermediate Result:41,740 pounds CO2 Conversion Factor:22.38 pounds CO2 per 1 gallon of diesel fuel Source: U.S. EIA, 2016 Final Result:1,865.08 gallons diesel fuel http://www.eia.gov/tools/faqs/faq.cfm?id=307&t=11 Mitigated Onsite Scenario Total CO2 (MT/yr) (provided in CalEEMod Output File) On-road Mobile (Operational) Energy Usage Note: For the sake of simplicity, it was assumed that passenger vehicles, light duty trucks, motorcycles, and mobile homes use gasoline, and all medium-duty trucks, heavy-duty trucks, and buses use diesel fuel. Unmitigated: Step 1:Total Daily Trips (CalEEMod Output) 209 Res H-W Res H-S Res H-O Trip Length (miles) (CalEEMod Output) 9.5 7.3 7.3 Trip % (CalEEMod Output) 59.00%28.00%13.00% Average Trip Length (weighted average) 8.6 Step 1:Average Daily VMT: 1,801 Step 2:Given: Fleet Mix (CalEEMod Output) LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH 48.7139%3.1901%16.9199%12.1386%1.7033%0.4732%3.3028%12.4746%0.2366%0.1590%0.5154%0.1097%0.0629% And: Gasoline MPG Factors for each Vehicle Class (from EMFAC2017) - Year 2022 LDA LDT1 LDT2 MDV MCY MH OBUS UBUS 31.51749278 26.684798 24.599793 19.7615872 37.84037752 4.798058941 4.7068703 4.5184953 Diesel MPG Factors for each Vehicle Class (from EMFAC2017) - Year 2022 LHD1 LHD2 MHD HHD SBUS 17.8600734 15.931434 9.185143 5.489862912 7.986340401 Therefore: Weighted Average MPG Factors Gasoline:28.0 Diesel:7.6 Step 3:Therefore: 52 daily gallons of gasoline 44 daily gallons of diesel or 19,112 annual gallons of gasoline 15,924 annual gallons of diesel On-road Mobile (Construction) Energy Usage - Site Preparation Step 1:Total Daily Worker Trips (CalEEMod Output) 18 Worker Trip Length (miles) (CalEEMod Output) 10.8 Therefore: Average Worker Daily VMT: 194 Step 2:Given: Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2 0.5 0.25 0.25 And: Gasoline MPG Factors for each Vehicle Class (from EMFAC2017) - Year 2022 LDA LDT1 LDT2 31.517493 26.684798 24.599793 Therefore: Weighted Average Worker MPG Factor 28.6 Step 3:Therefore: 6.8 Worker daily gallons of gasoline Step 4:5 # of Days (CalEEMod Output) Therefore: Result:34 Total gallons of gasoline On-road Mobile (Construction) Energy Usage - Grading Step 1:Total Daily Worker Trips (CalEEMod Output) 15 Worker Trip Length (miles) (CalEEMod Output) 10.8 Therefore: Average Worker Daily VMT: 162 Step 2:Given: Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2 0.5 0.25 0.25 And: Gasoline MPG Factors for each Vehicle Class (from EMFAC2017) - Year 2022 LDA LDT1 LDT2 31.517493 26.684798 24.599793 Therefore: Weighted Average Worker MPG Factor 28.6 Step 3:Therefore: 5.7 Worker daily gallons of gasoline Step 4:8 # of Days (CalEEMod Output) Therefore: Result:45 Total gallons of gasoline On-road Mobile (Construction) Energy Usage - Paving Step 1:Total Daily Worker Trips (CalEEMod Output) 20 Worker Trip Length (miles) (CalEEMod Output) 10.8 Therefore: Average Worker Daily VMT: 216 Step 2:Given: Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2 0.5 0.25 0.25 And: Gasoline MPG Factors for each Vehicle Class (from EMFAC2017) - Year 2022 LDA LDT1 LDT2 31.517493 26.684798 24.599793 Therefore: Weighted Average Worker MPG Factor 28.6 Step 3:Therefore: 7.6 Worker daily gallons of gasoline Step 4:18 # of Days (CalEEMod Output) Therefore: Result:136 Total gallons of gasoline On-road Mobile (Construction) Energy Usage - Building Construction Step 1:Total Daily Worker Trips (CalEEMod Output)Total Daily Vendor Trips (CalEEMod Output) 30 5%2 12 5%1 Note: Assumes 5% of Plan Area under construction at given point in time (on average) until buildout. Worker Trip Length (miles) (CalEEMod Output)Vendor Trip Length (miles) (CalEEMod Output) 10.8 7.3 Therefore: Average Worker Daily VMT:Average Vendor Daily VMT: 16 4 Step 2:Given: Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2 Fleet Mix for Workers (CalEEMod Output) 0.5 0.25 0.25 MHD HHD Assumed Fleet Mix for Vendors 0%100% And: MPG Factors for each Vehicle Class (from EMFAC2017) - Year 2022 Gasoline:Diesel: LDA LDT1 LDT2 MHD HHD 31.51749278 26.684798 24.599793 9.185143026 5.4898629 Therefore: Weighted Average Worker (Gasoline) MPG Factor Weighted Average Vendor (Diesel) MPG Factor 28.6 5.5 Step 3:Therefore:Therefore: 1 Worker daily gallons of gasoline 1 Vendor daily gallons of diesel Step 4:230 # of Days (CalEEMod Output) Therefore:Therefore: 130 Total gallons of gasoline 184 Total gallons of diesel On-road Mobile (Construction) Energy Usage - Architectural Coating Step 1:Total Daily Worker Trips (CalEEMod Output) 6 5%0 Note: Assumes 5% of Plan Area under construction at given point in time (on average) until buildout. Worker Trip Length (miles) (CalEEMod Output) 10.8 Therefore: Average Worker Daily VMT: 3 Step 2:Given: Assumed Fleet Mix for Workers (Percentage mix is provided on Appendix A: Calculation Details for CalEEMOD p. 15) LDA LDT1 LDT2 0.5 0.25 0.25 And: Gasoline MPG Factors for each Vehicle Class (EMFAC2017 Output) - Year 2022 LDA LDT1 LDT2 31.517493 26.684798 24.599793 Therefore: Weighted Average Worker MPG Factor 28.6 Step 3:Therefore: 0.1 Worker daily gallons of gasoline Step 4:18 # of Days (CalEEMod Output) Therefore: Result:2 Total gallons of gasoline City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00221 Agenda Date:2/13/2020 Agenda #: REPORT TO THE CITY COUNCIL February 13, 2020 FROM:GARRY BREDEFELD, Councilmember for District 6 City Council Offices SUBJECT ***RESOLUTION - Concerning signage at city dog parks to encourage owners to spay or neuter dogs in support of planned no kill animal shelter (subject to veto). RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ENVIRONMENTAL FINDINGS LOCAL PREFERENCE FISCAL IMPACT Attachment:Resolution City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00188 Agenda Date:2/13/2020 Agenda #: CLOSED SESSION ITEM February 13, 2020 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 456-030-34T Negotiating Parties: City Manager Wilma Quan, Mohamad A. Annan Under Negotiation: Price and terms of payment City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00196 Agenda Date:2/13/2020 Agenda #: CLOSED SESSION ITEM DATE:February 13, 2020 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Case Name: Diana Jouroyan (Gregory, dec’d) vs. City of Fresno, psi, Administered by RISICO Claims Management; Workers’ Compensation Appeals Board Case No. ADJ10002177 (Police Department) City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00206 Agenda Date:2/13/2020 Agenda #: CLOSED SESSION ITEM February 13, 2020 SUBJECT CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section 54956.9, subdivision (d)(1) 1.Temujin Bustos v. City of Fresno, et al.; United States District Court No.: 1:20-CV-00066 (Police Department). City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00218 Agenda Date:2/13/2020 Agenda #: CLOSED SESSION February 13, 2020 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION - Government Code Section 54956.9 subdivision (d)(2): 1. Significant Exposure to Litigation: San Joaquin Valley Air Pollution Control District v. City of Fresno (Department of Public Utilities) City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID 20-00211 Agenda Date:2/13/2020 Agenda #:3-A REPORT TO THE CITY COUNCIL February 13, 2020 FROM:DOUGLAS T. SLOAN, City Attorney City Attorney’s Office, Code Enforcement SUBJECT Workshop concerning: a.Six month report and discussion on progress of code enforcement,including ASET report, per Council direction. b.Consider and provide direction to return concerning abatement contract or bringing abatement services in house. RECOMMENDATION See attached Staff Reports and attachments for each item above. City of Fresno Printed on 12/12/2022Page 1 of 1 powered by Legistar™ REPORT TO THE CITY COUNCIL February 13, 2020 FROM: DOUGLAS T. SLOAN, City Attorney City Attorney’s Office, Code Enforcement SUBJECT ..Title Six month report and discussion on progress of code enforcement, including ASET report, per Council direction. ..Body RECOMMENDATION City Attorney’s Office to provide ASET quarterly report to include Code Enforcement update. EXECUTIVE SUMMARY Effective July 1, 2019, Code Enforcement was moved into the City Attorney’s Office. Code Enforcement includes three divisions: Rental Housing, Community Compliance, and the Special Teams. Rental Housing oversees the Anti-Slum Enforcement Team (ASET) and the Rental Housing Improvement Act (RHIA) Inspection Unit. Community Compliance currently oversees teams dedicated to each Council District. Special Teams oversees the School Area Team (SAT), and other teams dedicated to illegal dumping citations, tires, demolitions, and vacant lots. SAT conducts proactive code enforcement and community engage ment efforts in neighborhoods surrounding schools. Code Enforcement works closely with the legal team on compliance agreements, inspection warrants, and court actions, such as petitions for receivership and injunctions. BACKGROUND Rental Housing ASET On November 17, 2016, the Council adopted a resolution approving ASET with the goal of increasing the stock of affordable and habitable rental housing by pu rsuing and improving slum properties with substantial health and safety violations through enforcement, education, fines, receiverships, and compliance agreements. The partnership between legal staff and code enforcement staff has led to compliance in over 554 units. ASET currently has 29 open cases with properties containing more than 549 rental units. ASET uses compliance agreements, citations, and receiverships to motivate property owners into compliance. The attached ASET Weekly Status Report is updated and posted on the City’s website every Friday, and it has additional information regarding each open ASET case. Please see below for highlights related to three of the active cases. 1. 534 S. Dearing (474 Violations) - [Jose M. Wong, Ye Fen Wong, Sunny Chan, and Cecilia Chan, District 5] 2 This was an occupied and dilapidated 10-unit complex with substantial substandard housing conditions, including lack of AC/heat, pest infestations, ceiling failure from water leaks, boarded and broken windows, mold, and rotted exterior fascia and landings. An initial ASET inspection was conducted on June 12, 2019. A Notice and Order was issued on June 25, 2019, for 474 violations. A Compliance Agreement was executed on July 24, 2019. The final compliance inspection occurred on October 24, 2019, and all violations were cured. ASET has an open case on the neighboring property, 524 S. Dearing, a 10-unit complex owned by the same parties, which should be completed soon. 2. 202-244 W. Shields (921 Violations) - [Martin Nunez, Eduardo Robles, Absolon T. Ruiz, Ramiro Raygoza) (former owners)/MACA 1031, LLC. (managing member: Wai Cheung), as of October 14, 2019, District 1] This is a dilapidated and occupied 20-unit complex with an extensive code enforcement history. Substandard conditions included rats and roaches, plumbing leaks, broken A/C, open electrical splices, an empty and unsecured swimming pool, and significant junk and rubbish. There are also excessive calls for police service. An initial ASET inspection was conducted on September 27, 2018. A Notice and Order was issued on January 29, 2019, for 921 violations. A Settlement Agreement was executed on April 16, 2019. The Property sold to a new owner on October 14, 2019. The latest progress inspection occurred January 16, 2020, and all violations are expected to be cleared by the end of February 2020. 3. 4412 E. Olive (397 Violations) - [Fermina Rodriguez (former owner)/B&E Holdings & Investments, LLC. (managing member: Armando Banuelos) as of July 2, 2019, District 7] This is an occupied and substandard multi -family residence with significant health and safety violations, including lack of heat, visible mold, infestations, electrical issues, substantial exterior dilapidation, and issues with ongoing transient activity. An initial ASET inspection was conducted on January 3, 2019. A Notice and Order was issued on January 14, 2019, for 397 violations. An administrative Citation was issued on May 30, 2019. The Property sold to a new owner on July 2, 2019. A Compliance Agreement was executed on January 17, 2020, and all violations are expected to be cleared by February 15, 2020. RHIA To date, there are approximately 83,000 units registered in the Rental Housing Registry, which exist at almost 30,000 properties. Inspections of residential rental housing units have been progressing since July of 2018, and to date, the Program has worked through nearly 9,000 total inspections of multi-family locations in 53 APN books. Of those inspections, 8,087 occurred in 2019. These APN books comprise all of the registered multi-family properties south of Bullard Avenue. On February 3, 2020, inspectors will begin inspections of registered single family homes. In addition, RHIA is coordinating with other code units to establish more seamless code enforcement. RHIA inspectors will be conducting inspections in SAT neighborhoods before the SAT inspectors begin their sweeps. This will give SAT some insight into the rental housing conditions in the assigned neighborhoods. RHIA is also referring properties in poor condition to ASET or Reactive inspectors to ensure substandard conditions are remedied timely. To date, RHIA has referred 28 cases to ASET and Reactive. 3 Community Compliance The Community Compliance Division has been reorganized into seven Council District Teams, effective January 2, 2020. Every two or three District Teams have one supervisor. Each team is staffed by at least one Senior Community Revitalization Specialist (CRS), at least one CRS, and at least one Community Revitalization Technician (CRT). The Senior CRSs can handle the most complicated and sensitive cases, focusing on housing issues; but can also handle housing and public nuisance cases. CRTs focus on public nuisance cases. When more needs arise in one district or another, the Supervisors have the discretion to move the inspectors they supervise from one district to another temporarily. The Community Compliance Manager has the discretion to move any inspector he manages to handle any urgent issue. Currently each district has the approximate caseload below: District 1 – 350 cases District 2 – 204 cases District 3 – 522 cases District 4 – 161 cases District 5 – 254 cases District 6 – 46 cases District 7 – 466 cases Special Teams SAT The School Area Team provides pro-active code enforcement around schools. This Division is focused on improving impoverished neighborhoods, providing pro -active code enforcement support to reduce blight, enhance safety, equip residents to become civically engaged, and connect low-income residents to housing resources to improve their quality of life. SAT is currently pursing proactive enforcement in the area surrounding four schools: Fort Miller Middle School in District 7, Pyle Elementary School in Dis trict 7, Olmos Elementary School in District 5, and Wilson Elementary School in District 1. Since the program launched on January 2, 2020, the team has identified the following numbers of violations in these neighborhoods: Fort Miller – 54 properties in violation out of 174 inspected Pyle – 74 properties in violation out of 341 inspected Olmos – 129 properties in violation out of 357 inspected Wilson – 112 properties in violation out of 424 inspected Additional parcels remain to be inspected in each of these neighborhoods. Other Special Teams Highlights - The demolition inspector has facilitated 14 demolitions since the last code enforcement report; four completed directly by the City and ten completed by the property owners with code enforcement oversight and motivation. Finally, four properties have been rehabilitated by the property owners after code enforcement motivation. 4 - The illegal dumping inspector has issued 20 administrative citations since the last code enforcement report. He issued 108 total citations for calendar year 2019. - The vacant lots team has had many successes through abatements and property owner compliance. - The tire team collected 3,560 waste tires since the last code enforcement report. The team also held a Tire Amnesty Event at Teague Elementary School on October 26, 2019, where 851 waste tires were collected. The next Tire Amnesty Event will be held at the Chandler Airport on February 15, 2020. Legal Team The legal team assists with negotiation and drafting of compliance agreements, and the drafting of warrants for inspection and/or abatement of properties. In addition, the legal team currently has 13 properties in the receivership process at various stages from initial evaluation to near completion. Some recent receivership highlights include the following: 1. 2953 E. Balch [Constance Padilla (former owner)/Dean Pucci (receiver) as of June 13, 2019, District 3] This is a vacant single-family home, with transients constantly breaking into the Property for the past several years. These transients had caused a fire on the Property, as well as other ongoing nuisances at the Property, and a significant increase in disturbances to the neighborhood such as petty theft. A petition for receivership was filed on March 29, 2019 , and granted on June 13, 2019. The Property was recently rehabilitated, and will soon be placed for sale on the open market. 2. 3079 E. Pine [Angelina Bradley (former owner)/Delfino Escalara Flores as of April 29, 2019, District 7] This property was unsafe to occupy and had an open code enforcement case since 2015. The property regularly required abatements by code enforcement in order to keep it secure, and there was a large accumulation of junk and rubbish throughout the interior and exterior of the property. After multiple attempts to work with the property owner, the City’s petition for receivership was granted in March 2019. The receiver evaluated potential buyers who were capable of completing the rehabilitation and sold the property on April 29, 2019 , to Delfino Escalara Flores. Mr. Flores timely completed the rehabilitation of the property, including finalizing all permits. 3. 2605 N. Van Ness [Deanna Priestly-Hensley (former owner)/Equity Trust Company fbo Melinda Wilkins IRA as of January 17, 2020, District 1] This is a vacant single-family home with a decade-long extensive history of code violations, public nuisances, and disturbances that affected the surrounding neighborhood. The City had to abate the Property repeatedly to keep it secure, as all attempts to wor k with the property owner failed. A petition for receivership was filed on June 28, 2019, and granted on October 23, 2019. The receiver evaluated potential buyers who were capable of completing the rehabilitation and sold the property on January 17, 2020, to Equity Trust Company fbo Melinda Wilkins IRA. The receiver will be overseeing the buyer’s rehabilitation over the next six months. Attachments: Attachment A – PowerPoint Presentation Attachment B – ASET Weekly Status Report City Attorney’s Office February 13, 2020 Six Month Status of Code Enforcement Per Council Direction ASET Report Abatement: ◦Council Approved Contract (limited to 6 months) ◦Sole Proposer New Contract – Prevailing Wage ◦Option to Bring in House Council Initiatives ◦Motels ◦Liquor Stores Rental Housing ◦Anti-Slum Enforcement Team (ASET) ◦Rental Housing Improvement Act (Proactive) Community Compliance ◦Seven Council District Teams Special Teams ◦School Area Team (SAT) ◦Specialty teams: demolitions, vacant lots, illegal dumping citations, and tires ASET ◦Currently, 29 open cases with properties containing 549 rental units. ◦Of 29 open cases, 19 are in compliance agreements, and 2 are in the receivership process. 10-unit complex –all violations cured at re- inspection on October 24, 2019. Before After Before After Before After 20 unit complex. Initial ASET inspection occurred in September 2018. The property was sold as of October 2019, and the rehabilitation is in progress. Before After Before After ASET inspected this property in January 2019. The property was sold in July 2019. Rehabilitation is in progress. Before After Proactive Inspections ◦To date, Inspectors have inspected all registered multi-family properties south of Bullard Avenue. ◦The inspection of registered single family properties began on February 3, 2020. ◦Inspectors are also actively working to identify and cite unregistered rental properties. Seven Council District Teams as of January 2, 2020. District Team Case Numbers: District 1 – 350 cases District 2 – 204 cases District 3 – 522 cases District 4 – 161 cases District 5 – 254 cases District 6 – 46 cases District 7 – 466 cases Note, numbers of cases do not necessarily represent time or difficulty in resolving each one. The School Area Team provides pro-active code enforcement around schools. SAT is currently pursing proactive enforcement in the area surrounding four schools: Fort Miller Middle School in District 7, Pyle Elementary School in District 7, Olmos Elementary School in District 5, and Wilson Elementary School in District 1. Since the program launched on January 2, 2020, the team has identified the following numbers of violations in these neighborhoods: Fort Miller – 54 properties in violation out of 174 inspected Pyle – 74 properties in violation out of 341 inspected Olmos – 129 properties in violation out of 357 inspected Wilson – 112 properties in violation out of 424 inspected Additional parcels remain to be inspected in each of these neighborhoods. Demolitions ◦The demolition inspector has facilitated 14 demolitions since the last code enforcement report; four completed directly by the City and ten completed by the property owners with code enforcement oversight and motivation. Finally, four potential demolition properties have been rehabilitated by the property owners after code enforcement motivation. Demolitions – 751 S. Cedar Before After Vacant Lots ◦This team works to eliminate overgrown and hazardous weeds, as well as junk and rubbish, from vacant lots throughout the City. Compliance is achieved through property owner action or abatements at the property owner’s expense. Vacant Lots – 4406 E. Ball (District 7) Before After Illegal dumping citations ◦108 issued for calendar year 2019 ◦20 issued since last code report Tires ◦The tire team has collected 3,560 waste tires since the last code report. ◦The tire team held a Tire Amnesty Event at Teague Elementary School on October 26, 2019, where 851 waste tires were collected. ◦The next Tire Amnesty Event will be held at Chandler Airport on February 15, 2020. The legal team assists with negotiation and drafting of compliance agreements, and the drafting of warrants for inspection and/or abatement of properties. In addition, the legal team currently has 13 properties in the receivership process at various stages from initial evaluation to near completion. Before After Before After Before After Before After Abatement: ◦Budget for abatement is $353,500 , of which $121,967 has been spent this year ($231,000 left) ◦Prevailing wage applies ◦Council Approved Contract (6 months) $350,000 per contract ◦Sole Proposer New Contract – 20% higher, if same services ◦Option to Bring in House – Costs: $185,000 annually personnel costs (25% of that if implemented balance of this FY) 3-4 permanent positions, then temps as needed seasonally $250,000 up front equipment costs looking at options to rent equipment if only seasonal Cost this FY: $46,000 plus $250,000 = $296,000 Abatement: ◦Considerations: Cost Administration of prevailing wage Difficulties in awarding and implementing contracts Responsiveness Scope of mission Enforcement on private property only Also City property or right of way? ◦Direction Options: 1. Return with approvals to bring in house 2. Bring new contract for approval 3. Do nothing now, and revisit at Budget discussion in June (continue with existing contract until then) Council Initiatives ◦Motels Code amendment in progress Would add responsibility to Rental Housing team At least two inspectors, plus equipment ◦Liquor Stores Code amendment in progress Can absorb inspections by assigning one legal investigator Other direction, comments, or questions? End ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 1 LOCATION OWNER UNITS STATUS UPDATE 1634 and 1642 A Street (D-3) occupied multi-unit complex with evidence of significant substandard housing conditions such as lack of AC/heat, mold, ceiling leaks, roof leaks due to unfinished repairs, deteriorated landings, and infestation; across the street from elementary school Michael J. Montgomery 8 Initial ASET letter sent 8/23/19; Initial ASET inspection conducted 9/10/19; Compliance Agreement executed 10/25/19; Pending payment under Agreement 1634: Notice and Order for 126 violations issued 9/18/19; Reinspection conducted 11/26/19 1642: Notice and Order for 159 violations issued 9/23/19; Reinspection conducted 12/13/19 2612-2614 W. Andrews (D-1) deteriorated and occupied multi-unit complex with significant substandard housing conditions such as unpermitted and unsafe electrical wiring, boarded windows, missing light fixtures, deteriorated exterior wood components, and missing security door hardware Rodney and Rachel Balch 6 Initial ASET letter sent 8/16/19; Initial ASET inspection conducted on 10/2/19; Notice and Order for 239 violations issued 10/29/19; Reinspection conducted 12/4/19; Administrative Citation issued on 12/18/19 for $750; Reinspection scheduled for 4/13/20 565-575 E. Barstow (D-4) occupied four-unit complex with dilapidated exterior and evidence of significant health and safety violations, including illegal garage occupation, dangerous second floor landings, infestations, water leaks, mold and mildew Stennis Scruggs 4 Initial ASET letter sent 8/16/19; Initial ASET inspection conducted 9/5/19; Notice of Violation for smoke alarms issued 9/18/19; Notice and Order for 97 violations issued 10/7/19; Compliance Agreement executed 10/25/19; Reinspection conducted 1/14/20; Reinspection scheduled for 2/4/20 750 N. Barton (D-7) dilapidated and occupied three-unit complex with significant health and safety violations, including damaged ceiling, infestations, loose concrete steps, broken/detached railings, and mold; located adjacent to an elementary school Bruce Vue and Maider Vang 3 Initial ASET letter sent 1/24/19; Initial ASET inspection conducted 9/25/19; Notice and Order for 58 violations issued 10/3/19; Compliance Agreement executed 11/1/19; Reinspection conducted 1/17/20 1510-1578 N. Brooks (D-3) 1151-1159 W. McKinley occupied multi-unit complex with substantial history of calls for police service; evidence of significant health and safety violations, including malfunctioning AC units, damaged staircases, broken windows, plumbing leaks, and infestations; located across the street from a preschool 40 Initial ASET letter sent 11/15/18 1538-1548: Initial ASET inspection conducted 8/28/19; Notice and Order for 79 violations issued 9/6/19; Reinspection conducted on 10/14/19; Clearance inspection conducted 11/19/19 and 11/21/19; Administrative Citation for $3000 issued 1/9/20 ACTIVE TARGET PROPERTIES ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 2 440 S. Chestnut (D-5) substandard, dilapidated, and occupied multi-unit complex with excessive history of calls for police service and multiple health and safety violations, including junk and rubbish, dangerous staircase, damaged walkways, boarded and broken windows, and encampment; close proximity to schools Sylvia Gutierrez 12 Initial ASET inspection conducted 9/6/18; Notice and Order issued for 781 violations 10/01/18; Settlement Agreement executed 11/19/18; Phase One reinspection conducted 1/23/19; Phase Two reinspection conducted 4/2/19; Phase Three reinspection conducted 7/2/19; Phase Four reinspection conducted on 10/1/19; Final reinspection conducted 12/3/19 3115 E. Clay (D-7) dilapidated and occupied apartment complex with substantial substandard housing conditions, including no water service, damaged roof, loose railings and steps, deteriorating balconies, missing light fixtures, and electrical fire hazards; excessive calls for police service; close proximity to an elementary school Thao Thi Vo 4 Initial ASET letter sent 5/2/19; Initial ASET inspection conducted 5/20/19; Notice and Order issued for 466 violations 6/3/19; Reinspection conducted 6/24/19; Health and Safety Code section 17980.6 Notice to Abate posted on 7/31/19; Petition for Health and Safety Receivership filed 10/7/19; Hearing on Petition for Health and Safety Receivership scheduled for 1/30/20 3312 E. Clay (D-7) dilapidated and occupied multi-unit complex with damaged roofing, boarded and damaged windows, damaged window screens, rotted wood components, missing fire extinguishers, damaged/improper fencing; close proximity to an elementary school and middle school Lionel Puig and Virginia Hidalgo 4 Initial ASET letter sent 6/5/19; Initial ASET inspection conducted 7/18/19; Notice and Order for 317 violations issued 8/14/19; Compliance Agreement executed 9/20/19; Reinspection conducted 12/5/19; Pending final payment 524 and 534 S. Dearing (D-5) dilapidated and occupied apartment complex with evidence of substantial substandard housing conditions, including lack of AC/heat, infestations, ceiling failure from water leaks, boarded and broken windows, mold, rotted exterior fascia and landings, damaged garages, damaged fencing; close proximity to an elementary school Jose M. Wong, Ye Fen Wong, Sunny Chan and Cecilia Chan 20 Initial ASET letter sent 5/28/19; Compliance Agreement executed 7/24/19; Agreement Addendum executed 9/19/19; Pending final payment 524: Initial ASET inspection conducted 6/19/19; Notice and Order for 393 violations issued 7/2/19; Reinspection conducted 10/24/19; Reinspection conducted 1/30/20 534: Initial ASET inspection conducted 6/12/19; Notice and Order for 474 violations issued 6/25/19; Reinspection conducted 10/24/19; all violations cleared ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 3 2490-2498 S. Elm (D-3) occupied multi-unit complex with evidence of substantial substandard housing conditions, including damaged roofing, broken and boarded windows, inoperable AC units, damaged exterior walls, illegal structures, missing fire extinguishers, and junk and rubbish; significant calls for police service Sami Mohamed Abdullah Alrefael, Trustee 11 Initial ASET letter sent 7/1/19; Initial ASET inspection conducted 8/1/19; Notice and Order for 598 violations issued 9/24/19; Compliance Agreement executed 11/6/19; Addendum to Compliance Agreement executed 1/21/20; Reinspection scheduled for 2/26/20 4310 E. Fairfax (D-7) occupied multi-unit complex with significant health and safety issues, including roof leaks, malfunctioning heaters, mold, missing smoke detectors, infestations, and malfunctioning A/C; less than a mile from two schools Ana Marie Cornejo 4 Initial ASET letter sent 6/5/19; Initial ASET inspection conducted 11/7/19; Notice of Violation for smoke detectors issued 11/12/19; Notice and Order for 78 violations issued 12/11/19 532 and 540 N. Fisher (D-7) deteriorated and occupied multi-unit complex with significant substandard housing conditions including damaged stairs, deteriorated landings, mold, broken windows, and damaged exteriors walls; half mile from two elementary schools Alina Eang 9 Initial ASET letter sent 10/21/19; Initial ASET inspection conducted 11/22/19, 12/4/19 and 12/5/19; Notice of Violation for 25 violations issued 1/10/20; NOV Reinspection conducted 1/23/20; Notice and Order to be issued 4518 E. Fountain Way (D-4) occupied and deteriorated apartment complex; excessive calls for police service; extensive code enforcement history, including bed bugs, roaches, lack of AC/heat, and lack of natural gas Sorento Holdings Salvador Hernandez, Manager New owner as of 5/1/19: Fountain Way 57, LLC Mitch Pomeroy, LLC Manager 57 Initial ASET inspection conducted 7/17/18; Notice and Order for 1,931 violations issued 8/2/18; Settlement Agreement executed; Priority list reinspection conducted 11/20/18; Reinspection conducted 1/9/19; Administrative Citation for $134,000 issued 1/22/19; Citation appeal filed on 2/6/19; Compliance Agreement with new owner executed 4/26/19; Rehabilitation in progress; Progress inspection conducted 11/20/19 West Shaw Estates (D-1) 4954 N. Holt individually owned apartment-style condominiums with multiple rental units; excessive calls for police service, criminal activity, lack of maintenance and security, and attached garages occupied by unauthorized persons Various Owners x New management as of 3/01/18: Regency Property Management 228 Inspections conducted on Phase I - III; Citations issued for exterior violations; Settlement reached; Compliance inspections in 2018; Progress inspection conducted 7/17/18; First compliance inspection conducted 8/8/18; Monitoring progress ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 4 5035 - 5049 E. Lane (D-5) dilapidated and occupied multi-family housing complex with history of criminal activity, frequent calls for police service, and housing code violations Sean Sanchez 16 Notice and Order for 338 exterior violations issued 8/31/17; Notice and Order for 968 interior violations issued 9/26/17; Extension and Settlement Agreement executed; Reinspection started on 3/15/18; Significant violations remain; Notice of Breach sent on 3/28/18; Further reinspection on 4/11/18; Inspection Warrant executed on 4/25/18; Administrative Citation issued on 6/22/18 for $86,000; Appeal filed 7/10/18; Compliance inspection conducted on 7/10/19 and 7/11/19; Administrative Appeal hearing to be rescheduled 3312-3316 E. Olive (D-7) dilapidated and occupied apartment complex with significant substandard housing conditions, including non- functional heating units, plumbing issues, missing plumbing fixtures, boarded windows, damaged fencing, missing exterior lights, and accumulation of junk and rubbish Baldev-Singh Khela and Jasjit Kaur Khela 3 Initial ASET letter sent 5/2/19; Initial ASET inspection conducted 6/12/19; Notice and Order for 217 violations issued 6/20/19; Compliance Agreement negotiations in progress; Reinspection conducted 9/4/19; Administrative Citation issued on 9/18/19 for $13,250; Administrative Hearing for Citation conducted 1/16/20 and continued to 2/4/20 4406 E. Olive (D-7) deteriorated and occupied multi-unit complex with substantial substandard housing issues, including broken A/C units, lack of heat, loose stairway railing and steps, and infestations; close to an elementary and a middle school Baldev-Singh Khela and Jasjit Kaur Khela 4 Initial ASET letter sent 10/18/19; Initial ASET inspection conducted 11/6/19; Notice and Order for 100 violations issued 11/19/19; Compliance Agreement executed 12/31/19; Reinspection scheduled for 2/17/20 4412 E. Olive (D-7) occupied and substandard multi-family residence with significant health and safety violations, including lack of heat, broken windows, visible mold, infestations, electrical issues, severe dilapidation and lack of maintenance; ongoing transient activity on the property; failed fire inspection Fermina Ramirez New owner as of 7/2/19: B&E Holdings & Investments, LLC, Armando Banuelos, Manager 4 Initial ASET letter sent 12/20/18; Initial ASET inspection conducted 1/3/19; Notice and Order for 397 violations issued 1/14/19; Administrative Citation issued on 5/30/19 for $2250; Rehabilitation in progress under new ownership; Progress inspection conducted on 10/8/19; Compliance Agreement executed 1/17/20; Progress inspection conducted 1/29/20 ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 5 2249 W. Princeton (D-1) deteriorated and occupied apartment complex with extensive code history and significant substandard conditions, including visible black mold, junk and rubbish, electrical and plumbing issues, and missing window screens; excessive history of police calls for service Michael Hertz and Scott Jacoby 12 Initial ASET inspection conducted 9/27/18; Notice and Order for 686 violations issued on 10/12/18; Settlement Agreement executed 11/29/18; Phase One reinspection conducted 1/25/19; Priority List reinspection conducted 2/15/19; Addendum to Settlement Agreement executed 6/18/19; Reinspection conducted 7/25/19; Administrative Citation issued on 8/2/19 for $12,500; Reinspection conducted 8/15/19; Stipulated Agreement negotiations in progress 405-421 S. Recreation (D-5) severely dilapidated and occupied multi- unit complex with numerous code violations, including lack of heat, lack of hot water, lack of AC, mold, plumbing leaks, and pest infestations; excessive calls for police and fire service; close proximity to several schools Tiburcio Uribe Ramirez, Esperanza Ramires Membrila, and Maria Isabel Ramirez 9 Initial ASET inspection conducted 1/17/19; Notice and Order for 590 violations issued on 3/1/19; Settlement Agreement executed 4/16/19; Phase One reinspection conducted 5/29/19; Phase Two reinspection conducted 7/24/19; Phase Three reinspection conducted 10/3/19; Reinspection conducted 11/14/19 and 11/18/19; Reinspection conducted on 1/21/20 202-244 W. Shields (D-1) occupied and dilapidated apartment complex with extensive code history; substandard conditions, including rats and roaches and the presence of junk and rubbish; excessive calls for police service; failed fire inspection Martin Nunez, Eduardo Robles, Absolon T. Ruiz, Ramiro Raygoza New Owner as of 10/14/19: MACA 1031 LLC Manager of LLC: Wai Cheung 20 Initial ASET letter sent 9/27/18; Initial ASET inspection conducted 11/29/18; Priority reinspection conducted 12/14/18; Notice and Order for 921 violations issued 1/29/19; Settlement Agreement executed 4/16/19; Rehabilitation in progress; Phase One reinspection conducted 5/14/19; Progress inspection conducted 8/29/19; Phase Two reinspection conducted 9/19/19; Clearance inspection conducted 11/21/19; Progress inspection conducted 1/16/20 and 1/17/20 5216 and 5228 N. Sixth (D-4) 1430 E. Bulldog Lane occupied multi-unit complex with significant substandard or dangerous housing conditions, including loose railings, dangerous landings, open electrical wiring, and damaged exterior wood components; significant calls for police service BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 33 Initial ASET letter sent 10/28/19; Initial ASET inspection conducted 11/13/19; Notice and Order for 151 violations issued 12/23/19; Reinspection scheduled for 1/24/20; Compliance agreement executed 1/31/20 ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 6 4660 E. Turner (D-7) deteriorated and occupied multi-unit complex with significant substandard housing conditions including lack of functional AC/heat, boarded windows, loose 2nd-floor railing and sloped landing, deteriorated 2nd-floor landings, damaged carport doors, and graffiti, junk, and rubbish throughout; close proximity to elementary school and public park Sarkis Knnablian and Ripsime Knnablian, Trustees 10 Initial ASET letter sent 7/12/19; Initial ASET inspection conducted 9/3/19; Notice and Order for 326 violations issued 9/10/19; Compliance Agreement executed 10/25/19 4659 E. Tyler (D-7) blighted and deteriorated occupied multi-unit complex with multiple health and safety issues, including pest infestation, broken appliances, damaged window screens, missing fire extinguishers, dangerous stairs, damaged carport, and damaged walls; history of excessive calls for police service; close proximity to schools Ricardo and Santiaga Mendoza 4 Initial ASET letter sent 1/24/19; Initial ASET inspection conducted 2/21/19; Notice and Order for 190 violations issued 3/6/19; Vacant Building Notice and Order issued 5/1/19; Settlement Agreement executed 5/7/19; Full rehabilitation expected to be completed by 3/31/20 4785 E. Tyler (D-7) deteriorated and occupied multi-unit complex with significant substandard housing conditions including damaged roof (covered by tarp), damaged concrete landings, boarded windows, and hazardous window AC units Choeng Chau 4 Initial ASET letter sent 1/24/19; Initial ASET inspection to be scheduled 4805 E. University (D-4) partially occupied, substandard, and deteriorating multi-family complex with extensive history of housing code violations, including lack of water and electrical service; frequent calls for police service Rodolfo Rojas and Carmen Rojas New owner as of 9/26/19: Jesus Alvarado 3 Initial ASET inspection conducted on 5/3/18; Notice and Order (Units 102 and 103) issued on 5/17/18 for 237 violations; Reinspection scheduled for 6/8/18; Notice and Order (Unit 101) issued on 6/15/18 for 100 violations; First Administrative Citation issued for $38,750 on 7/31/18; Notice to Abate posted on 8/14/18; Petition for Health and Safety Receivership filed 10/22/18; Petition for Health and Safety Receivership granted 1/3/19; Court approved Receiver's plan to fully rehabilitate on 4/3/19; All violations cleared as of 7/24/19; Property sold on 9/26/19 pursuant to Receivership; Status Conference scheduled for 2/4/20 ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 7 834-840 E. Voorman (D-3) occupied multi-unit complex with significantly deteriorated exterior, damaged and boarded windows, unreliable A/C, pest infestations, water damage, broken driveway gate, and tall weeds; half mile from elementary school BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 4 Initial ASET letter sent 7/12/19; Initial ASET inspection conducted 1/9/20; Notice and Order to be issued 2046 E. White (D-7) Occupied and dilapidated multi-unit complex with evidence of significant substandard housing conditions, including illegal and exposed electrical wiring, mold, water leaks, damaged and leaking pipes, and damaged interior walls; close proximity to an elementary and middle school Binh H. Mac and Xing W. Lai 5 Initial ASET letter sent 4/3/19; Initial ASET inspection conducted 10/29/19; Notice and Order for 99 violations issued 11/12/19; Compliance Agreement executed 12/13/19; Reinspection conducted 1/22/20 2056 E. White (D-7) occupied and severely dilapidated apartment complex with significant substandard conditions, including broken windows, pest infestations, junk and rubbish, and presence of squatters; extensive history of calls for police service; close proximity to two schools REI Group Inc.; CEO Konstantin Chernomorskiy 4 Initial ASET letter sent 4/3/19; Initial ASET inspection conducted 4/17/19; Notice and Order issued 4/29/19 for 242 violations; Settlement Agreement executed on 7/8/19; Progress inspection conducted on 9/23/19; Clearance inspection conducted 1/9/20; Pending finalization of permits 3313 N. Maple (D-4) Maple Apartment Group, LLC Mark Stephen Tan Go, Manager New owners as of 1/28/19: Secured Asset Fund Corporation; Khoa Le, CEO 64 Initial ASET letter sent 2/7/19 3304 E. Clay (D-7)Ronald and Debra Shamp 4 Initial ASET letter sent 6/5/19 1237 N. Angus (D-7) JCH Family Limited Partnership, and DBH Family Limited Partnership General Partner: J&V Properties, Inc. John Hovannisian, CEO 8 Initial ASET letter sent 6/5/19 1414 W. Clinton (D-1)Adriana Dermenjian 12 Initial ASET letter sent 7/12/19 3215 E. Clay (D-7)Ronald Shamp and Debra Shamp 4 Initial ASET letter sent 7/12/19 319 N. Diana (D-7) JHS Family Limited Partnership, JCH Family Limited Partnership, and DBH Family Limited Partnership General Partner: J&V Properties, Inc. John Hovannisian, CEO 3 Initial ASET letter sent 7/12/19 3467 N. Marks (D-1)Li Huang, Trustee 3 Initial ASET letter sent 8/16/19 2985 E. Nevada (D-7)Raie Yohannes Yared 4 Initial ASET letter sent 10/18/19 2995 E. Nevada (D-7)Courtney Campbell 4 Initial ASET letter sent 10/21/19 PENDING TARGET PROPERTIES ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 8 4672 E. Tulare (D-7) 105 and 109 S. Woodrow George Auen 3 Initial ASET letter sent 10/21/19 3431-3435 E. Grant (D-7)Felix Hernandez Cortez Yolanda De la Cruz Ramirez 3 Initial ASET letter sent 10/24/19 3015 W. Saginaw Way (D-1) Adolfo Corona Alvarez and Maria Corona, Trustees of the Corona Family Trust 3 Initial ASET letter sent 11/8/19 4730 E. Lamona (D-7)Brian Sweet and Eric Nasalroad 8 Initial ASET letter sent 11/8/19 2708-2714 N. First (D-7)Darshan Singh Sidhu and Ranjit Kaur Sidhu 4 Initial ASET letter sent 11/8/19 2716-2732 N. First (D-7)Darshan Singh Sidhu and Ranjit Kaur Sidhu 8 Initial ASET letter sent 11/8/19 3110-3116 E. Princeton (D-7)Darshan Singh Sidhu and Ranjit Kaur Sidhu 4 Initial ASET letter sent 11/8/19 7087 N. Thorne (D-2)John T. Hayden 151 Initial ASET letter sent 11/8/19 3760-3794 E. Olive (D-7) BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 13 Initial ASET letter sent 11/19/19 287-289 N. Echo (D-3) BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 2 Initial ASET letter sent 11/19/19 224 N. Roosevelt (D-3)Karen Doane 4 Initial ASET letter sent 11/19/19 329 N. Diana (D-7) Strang Property Management LLC; Bianca Betancourt, Manager of Strang Property Management; Luz Mendoza; and Jose Vargas, Jr. 3 Property has open case with the Reactive Rental Housing Unit, and remaining violations were referred there for further action 4040 E. Dakota (D-4) K & K Home, LLC; Khoa Le, Manager of LLC 42 ASET communication with property owner led to voluntary compliance at property 4880 and 4896 E. University (D-4) Rodney Bernaldo and Ruanne Bernaldo, as Co-Trustees of the Bernaldo Family Trust New owner as of 12/31/18: Kristin Messenlehner 16 ASET communication and actions by the Reactive Rental Housing Unit led to full compliance at the property 4608-4612 E. Inyo (D-7)Victor H. Martinez 8 Full compliance of 854 violations; Full payment received per Settlement Agreement 1628 A Street (D-3)Samuel Santiago and Raymunda Cruz de Santiago 3 ASET communication with property owner led to voluntary compliance at property 2530 W. Andrews (D-1) BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 6 Full compliance of 83 violations 1544 E. Fedora (D-7) FGV Fresno, LP General Partner: The Group of Companies, Inc. CEO: Scott H. Krentel 93 Full compliance of 11 violations pertaining to 10 units inspected; Rental Housing to continue enforcement on remainder of property COMPLETED TARGET PROPERTIES ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 9 1012 W. McKinley (D-1) Mariano S. and Maricela G. Gonzalez 6 Full compliance of 251 violations; Full payment received per Settlement Agreement 503 S. Dearing (D-5)Seila Michael Chan 7 ASET communication with property owner led to voluntary compliance at property 701 W. Cambridge (D-1) Rick Torres New Ownership as of 6/28/18: Meganova, LP General Partner: Theta Holdings LLC Matthew Radmanesh, Manager of LLC 10 Full compliance of 617 violations; Full payment received per Settlement Agreement 1203 W. Simpson (D-1) Malcolm D. Powers and Judy Powers 14 Full compliance of 700 violations; Full payment received per Settlement Agreement 4530 and 4538 E. Thomas (D-7) 4531 E. Turner M&S Mini Mart, Inc. (unknown principal)10 ASET communication with property owner led to voluntary compliance at property 542 N. Second (D-7) BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 4 Full compliance of 213 violations; Full payment received per Settlement Agreement 3279 and 3285 E. Clay (D-5)Jerry M. Saylor and Gail A. Saylor, Trustees of the Saylor Trust 8 Full compliance of 424 violations; Full payment received per Settlement Agreement 770 and 780 N. Barton (D-7) Dale E. Kirkpatrick and Vangi Kay Kirkpatrick, Trustees of the Dale and Vangi Kirkpatrick Family Trust; Linda Lee Gerard and Lowell Gerard 6 Full compliance of 248 violations; Full payment received per Settlement Agreement 608-614 F Street (D-3) Ralph and Janet Hovannisian 3 Full compliance of 280 violations 4460 E. Woodward (D-5)Abdo Saleh Nagi and Shiha Mohammed Abdo 4 Full compliance of 499 violations; Full payment received per Settlement Agreement 436-444 S. Sierra Vista (D-5)Robert J. Topoozian, Trustee of the Camelia Topoozian Survivor's Trust 3 Full compliance of 68 violations 2842 E. Hammond (D-7) JCH Family Limited Partnership, and DBH Family Limited Partnership General Partner: J&V Properties, Inc. John Hovannisian, CEO 3 ASET communication with property owner led to voluntary compliance at property 2004 E. White (D-7)Courtney Campbell 5 ASET communication with property owner led to voluntary compliance at property 1309 and 1315 B Street (D-3) Vincent Medina and Pearl Delgado New Owner as of 11/19/18: Brad Hardie and Michael Zuber 2 Health and Safety Receivership; Complete rehabilitation and compliance of all violations 1531-1535 N. Brooks (D-3)Fidelity Finance, Inc. Yirong Lu, CEO 3 Full compliance of 93 violations ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 10 2525 W. Andrews (D-1)Jesus Aceves and Emilia Aceves 16 Full compliance of 978 violations; Full payment received per Settlement Agreement 1539-1543 N. Brooks (D-3)Chen Liang as Trustee of the Chen Liang Living Trust 3 Full compliance of 95 violations; Full payment received 757 N. Jackson (D-7) BDHOV LP, LEHOV LP, WRHOV LP, JDHOV LP General Partners: David B. Hovannisian and Linda R. Hovannisian 8 Full compliance of 231 violations 2845 E. Madison (D-7) Jose Luis Garza Martinez and Juana Borja New Owner as of 8/27/18: Preferred Property, LLC Matthew Campbell, Manager of LLC 1 Health and Safety Receivership; Complete rehabilitation and compliance of all violations 329-339 N. Glenn (D-3) Allan and Jennifer Foglio New Owner as of 4/5/19: Penn Six General Partners 7 ASET communication with new property owner led to full compliance at property 321 E. Strother (D-3) Daniel Romo and Maria Romo New Owner as of 12/12/18: Varo-Real Investments, Inc. Diego Espinoza-Martinez, CEO 1 ASET communication with new property owner led to full compliance at property 1504 E. Yale (D-7)Quy Dinh Le, Maryann Mai Bach Le, Ngoc Bich Thi Le 5 Full compliance of 312 violations; Full payment received per Settlement Agreement 2330 E. Ashlan (D-7) 4781 E. Ashlan (D-4) 3320 N. West (D-1) 415, 431, 475 N. Manila (D-5) 424 S. Chestnut (D-5) 423 S. Dearing (D-5) 1115 W. Simpson (D-1) 441 S. Dearing (D-5) 2690 N. Weber (D-1) K & K Home, LLC and Secured Asset Fund Corporation; Khoa Le, Manager of LLC and CEO of Corporation 194 ASET communication with new property owner resulted in voluntary compliance at multiple properties 2060 and 2064 S. Maple (D-5) JHS Family Limited Partnership, JCH Family Limited Partnership, and DBH Family Limited Partnership General Partner: J&V Properties, Inc. John Hovannisian, CEO 38 ASET communication with property owner led to voluntary compliance at property 760 N. Barton (D-7)Ai Huang 3 ASET communication with property owner led to voluntary compliance at property 4538 E. Hamilton (D-5) Paul E. Moen, Trustee of Paul E. Moen Living Trust; Dale E. and Vangi K. Kirkpatrick, Trustees of the Dale E. and Vangi K. Kirkpatrick Family Trust 28 Full compliance of 2,315 violations; Full payment received per Settlement Agreement 345 S. Chestnut (D-7) 4820 E. Laurel Central Community Development Center; Donald Lockhart, CEO 7 Final Judgment and Permanent Injunction obtained ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 11 2248-2266 W. Princeton (D-1)Sanh X. Le and Marilyn M. Ly, Co- Trustees of the Le Family Living Trust 22 Full compliance of 1,651 violations achieved at property; Full payment received per Settlement Agreement 6540 N. Winery (D-6)Brian H. Rosene 1 Health and Safety Receivership; Complete rehabilitation 1367 E. San Ramon (D-4)Brian H. Rosene; John and Leona Tosatto 4 Health and Safety Receivership; Complete rehabilitation 4853 E. University (D-4) Ronald D. Mullins and Olga E. Mullins 5 Health and Safety Receivership; Complete rehabilitation and compliance of 129 violations 611 N. Van Ness (D-3)JJM Investment Property Fresno, LLC; Jenifer Mandella, Manager of LLC 14 Full compliance achieved at property; Full payment received per Settlement Agreement 619 N. Van Ness (D-3)JJM Investment Property Fresno LLC; Jenifer Mandella, Manager of LLC 5 Full compliance achieved at property; Full payment received per Settlement Agreement 4132 E. El Monte Way (D-5)Jasjit Kaur Khela and Baldev Singh Khela 1 Full compliance achieved at property; Full payment of citation 36 E. Saginaw Way (D-1)WITR, LLC and Brad J. Hardie 9 Voluntary compliance and rehabilitation of property undertaken by new owner pursuant to ASET involvement 4811 E. Geary (D-5)Wells Fargo Bank, N.A.1 Voluntary compliance and rehabilitation of property undertaken by new owner pursuant to ASET involvement 358 and 360 N. Roosevelt (D-3)BDHOV, LP and LEHOV, LP; David B. Hovannisian, General Partner 8 Full compliance achieved at property; Full payment of citation 4242 E. Olive (D-7) BDHOV, LP and LEHOV, LP; David B. Hovannisian, General Partner 12 Rehabilitation complete; Full compliance of 548 violations 1464 E. Patterson (D-3)BDHOV, LP and LEHOV, LP; David B. Hovannisian, General Partner 13 All permits finaled; Full compliance achieved at property 1450 N. Archie (D-7) Brian H. Rosene and Randy L. Cunningham 1 Demolition completed; Judgment for Fees and Costs granted 4538-4550 E. Olive (D-7)Guadalupe Fernandez 6 Health and Safety Receivership; Complete rehab and compliance of 112 violations 1131 N. Jackson (D-7)Guadalupe Fernandez 7 Health and Safety Receivership; Complete rehab and compliance of 113 violations 334 N. Roosevelt (D-3)Rosalio M. Avila 4 Full compliance of 24 violations 2307 N. Maroa (D-1)Catherine D. Senner 1 Full compliance of 20 violations; Full payment received per Settlement Agreement Hotel California (D-3) 530 N. Weber Venu Sharma 52 Full compliance of 215 violations; Full payment received per Settlement Agreement 2748 N. Weber (D-1) Sunny and Cecilia Chan 54 Full compliance of 1,043 violations; Full payment received per Settlement Agreement 2061/2075 S. Hayston (D-5) Sunny and Cecilia Chan 34 Full compliance of 648 violations; Full payment received per Settlement Agreement 2005 W. Shields (D-1)Lynn B. Sayavong 6 Full compliance of 165 violations; Full payment received [below items include actions of STOPP team prior to creation of ASET] ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 1/31/2020 12 Summerset Village (D-7) 2103 N. Angus Chris Henry 220 Full compliance of 1,450 violations; Settlement payment approved 255 N. Diamond (D-7)Luis Santos 4 Full compliance of 61 violations 5239 E. Huntington (D-5)New Ownership 60 Full compliance of 291 violations 474 N. Glenn (D-3)New Ownership 8 Full compliance of 37 violations REPORT TO THE CITY COUNCIL February 13, 2020 FROM: DOUGLAS SLOAN, City Attorney City Attorney’s Office, Code Enforcement SUBJECT ..Title Consider and provide direction to return concerning abatement contract or bringing abatement services in house. ..Body RECOMMENDATION Staff requests the Council consider the option of keeping these services in-house before making a determination to award the abatement services contract to Sequoia; then return for final approval on March 19. EXECUTIVE SUMMARY Pursuant to Council direction, a Request for Proposals (RFP) was re-advertised to solicit bids for abatement services. Sequoia was the only business that submitted a proposal to the City. The Evaluation Committee has agreed to award the requirements contract to Sequoia in an amount not to exceed $350,000, for one year with the option of four, one-year extensions at the set rates provided therein, which include prevailing wage. The City Attorney’s Office, Code Enforcement Division, is requesting Council consider the option of maintaining these services in-house, which will require the purchase of equipment and hiring staff. BACKGROUND Code Enforcement enforces various ordinances of the Fresno Municipal Code, including but not limited to, ordinances which address vacant buildings, vacant lots, general blight and dilapidated structures. Specifically, abatement services will address weeds and vacant structures which present a public safety threat, as well as properties that constitute blight or attractive nuisance when the responsible property owner has demonstrated they are either unwilling or unable to bring the property into compliance. Staff works to ensure cost recovery of funds through various means, including liens on the property and coordination with the County of Fresno tax roll collection process. In prior years, the City has utilized multiple contractors for the proposed Abatement services. To improve timeliness and efficiency, and to streamline the abatement request process, the Code Enforcement Division worked through the Purchasing Division to produce a second public bid on October 25, 2019, with a filing deadline of November 12, 2019, seeking multiple contractors with the capacity and experience to perform Abatement services. Only one bid was submitted within the published deadline. After the bid was submitted and the deadline to file had passed, the Evaluation Committee reviewed and discussed the bid. The Evaluation Committee was comprised of four individuals as outlined in the Committee Report (Attachment A). The Evaluation Committee members evaluated the proposer on: 1) cost as shown on the proposal form; 2) the ability to meet the stated se rvice requirements; 3) past performance and experience with the City; 4) conformance to the terms and conditions of the RFP; and 5) other related information provided by the proposer. While the RFP was specifically designed to determine set rates for 21 various Abatement services, the Evaluation Committee sought further information from the proposer to clarify issues raised by the Committee as it pertained to prevailing wage rates. The proposer provided the requested information to the Evaluation Committee. The Evaluation Committee also sought clarification regarding technical accounting requirements. The Evaluation Committee met again and discussed the set rates as outlined in Attachment A. After receiving all information, the Evaluation Committee me t a third time and decided to recommend awarding the contract for Abatement services to Sequoia Western. However, in light of the need for the City to pay prevailing wage and thereby increasing the budget for outsourcing abatement services, combined with the proven need to expand the City’s abatement services, staff is requesting the Council consider creating an in-house abatement services team. The City Attorney’s Office, Code Enforcement Division, evaluated and determined an in-house abatement services program may be more cost beneficial for the City as opposed to contracting this work out to private companies, with the exception of the initial start-up costs associated with purchasing new equipment in the first year. All vehicles and heavy operating equipment is procured, maintained, and repaired by the Department of Transportation, Fleet Management Division (Fleet). Code Enforcement is currently in the process of working with Fleet to obtain the accurate costs for all necessary equipment. This option will also require personnel costs associated with hiring new employees, including: Heavy Equipment Operator, Property Maintenance Lead Worker, and Laborers. In addition, there will be monthly fees for storage and maintenance. ENVIRONMENTAL FINDINGS This item is not a project as defined by the Calif ornia Environmental Quality Act. LOCAL PREFERENCE Local preference was not implemented due to the fact the only bidder is a local businesses. FISCAL IMPACT Funding appropriations are included in the Code Enforcement FY2020 budget. Attachments: Attachment A – Evaluation Committee Report Attachment A REPORT FROM EVALUATION COMMITTEE REQUEST FOR PROPOSAL FOR MONTHLY LANDSCAPE MAINTENANCE SERVICES - RFP NO. 9522 (Committee Meeting held on 11/19/2019, 1/27/20 & 1/30/20) COMMITTEE MEMBERS: Diana Rodriguez, Procurement Specialist/Facilitator, City of Fresno Finance Department– Purchasing Richard Salinas, Sr. Community Revitalization supervisor, Development Department Brian Russell, Public Works Manager, City of Fresno, DPW John Giannetta, Housing Program Supervisor, City of Fresno, Development Department Vince Mendes, R.E.H.S., Supervising Environmental Health Specialist, Department of Public Health, Fresno County BACKGROUND The goal of this Request for Proposal (RFP) was to solicit proposals to provide a Sole Contractor or Multiple Contractors to furnish, to the Code Enforcement Division of the City Attorney’s Office (CODE) labor, equipment, and materials necessary to abate all weeds, trash, rubbish, junk and debris upon the streets, curbs, gutters, unimproved easements, sidewalks, parkways, park strips, alleys and or private property within the City of Fresno, as well as boarding up and securing open and vacant buildings as designated by specifically authorized CODE staff. The RFP was designed to generate a list of set rates provided by the contractor(s). The Contractor(s) will be responsible for various areas throughout the City of Fresno as per the specifications. Only one vendor, Sequoia Western, submitted a Proposal within the Request for Proposal November 12, 2019, 3:00 PM, deadline. No other proposals were submitted. Below is the summary of the bid proposal rates submitted by Sequoia Western: Item Description Unit Quantity Unit Price 1 Rubbish Rates-per cubic yard Cubic Yard 1 $28.00 2 Heavy Rubbish Example - Sofa, Mattress, Stove, Water Heater, Dryer, Dish Washer, Refrigerator). Rate Per Each. Each 1 $25.00 3 Labor Rate- 1st Hour Per Hour 1 $66.00 4 Labor Rate - Additional Hours Per Hour 1 $66.00 5 Heavy Equipment Rate- 1st Hour Per Hour 1 $195.00 6 Heavy Equipment Rate- Additional Hours Per Hour 1 $105.00 7 Tires - Auto/Pickup w/o Rim Per Each Each 1 $13.50 8 Tires – Auto/Pickup w/Rim Per Each Each 1 $16.50 9 Large Pickup & 4-Wheel Drive w/o Rim Per Each Each 1 $15.00 10 Large Pickup & 4-Wheel Drive w/Rim Per Each Each 1 $18.00 11 Semi-Truck Tire w/o Rim Per Each Each 1 $21.50 12 Semi-Truck Tire w/Rim Per Each Each 1 $26.50 13 Rear Tractor Tire w/o Rim Per Each Each 1 $31.50 14 Rear Tractor Tire w/Rim Per Each Each 1 $44.50 15 Discing Rate Each up to 2,420 sq. yard (1/2 Acre ) 1/2 Acre 1 $210.00 Attachment A 16 Discing Rate Each up to 4,840 sq. yard (1 Acre ) 1 Acre 1 $230.00 17 Each Additional 2,420 (1/2 Acre) Each 1 $50.00 18 Firebreaks (5 or More Acres) Each 1 $280.00 19 Board Up Rate First Plywood Sheet Each 1 $160.00 20 Board Up Rate Each Additional Full Sheet Each 1 $85.00 21 Board Up Rate First Lexan Sheet Each 1 $485.00 22 Board Up Rate Each Additional Lexan Sheet Each 1 $401.00 23 Drain Single Pool Each 1 $550.00 COMMITTEE NOTES The committee members evaluated the proposer’s proposal based upon the following: 1) Cost as shown on the proposal form 2) The ability to meet the stated service requirements, 3) Past performance and experience with the City, 4) Conformance as to the terms and conditions of the RFP, 5) Other related information provided by the proposer. Sequoia Western- Sequoia Western is currently under contract with the City to perform weed abatement and other public nuisance abatement services for the City per the previous RFP. General consensus was that Sequoia Western has proven to be responsive to City needs and that they do good work. Their equipment is in line with the amount of work that will be needed to be done in the coming years. Their references were checked and reports came back satisfactory. Committee members agreed that Sequoia Western’s references were relevant because they included other municipalities. The Committee determined that Sequoia Western would meet the needs of the City of Fresno. Sequoia Western was asked by the Committee to provide information related to Prevailing Wages, which they did. The Committee was satisfied that Sequoia Western was capable of meeting the Prevailing Wage reporting requirements. Summary Recommendation- Sequoia was the sole bidder. After careful evaluation, the Evaluation Committee unanimously agreed, Sequoia Western should be awarded this contract. Their rates are reasonable and they have the equipment to provide the requisite response times. Therefore, Sequoia Western is capable of providing the level of service required to do this project and the Evaluation Committee recommends awarding the Abatement Services Contract to Sequoia Western.