HomeMy WebLinkAbout2020-04-09 Council Agenda PacketThursday, April 9, 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
Regular Meeting
April 9, 2020City Council Meeting Agenda - Final
PUBLIC ADVISORY:
THE CITY COUNCIL CHAMBERS AND CITY HALL WILL NOT BE OPEN TO THE
PUBLIC
While Emergency Order No. 2020-12 is in effect, City of Fresno public meetings
will be conducted electronically and telephonically only. No one will be
physically present in the Chambers, and the Chambers will not be open to the
public. City Hall remains closed to the public.
To observe the meeting on our City’s website click on the URL
https://fresno.legistar.com/Calendar.aspx and click on the “In progress” link
under “video” for the corresponding meeting. The Council meeting can also be
viewed live at 9:00 A.M. on Comcast Channel 96 and AT&T Channel 99.
Members of the public are encouraged to participate electronically.
PUBLIC COMMENT: The following options are available for members of the
public who want to address City Council:
1. eComment at https://fresno.legistar.com/Calendar.aspx.
a) eComments is a tool for citizens to use to make comments on agenda items. It
will be open during the Council meeting and closed at the end of the meeting
and will be a part of the official record. The User Agreement and Procedures
document for eComment can be accessed by the URL
https://www.fresno.gov/cityclerk/
b) eComments will be a maximum of 150 words.
2. Join online on Zoom
a) if you would like to speak on an agenda item, you can access the meeting
remotely from a PC, Mac, iPad, iPhone, or Android device: Please use this URL
https://zoom.us/j/6924105349
b) If you do not wish for your name to appear on the screen, then use the drop
down menu and click on “rename” to rename yourself.
c) If you wish to address Council during the public comment portion of the
agenda, click on the icon labeled “Participants” at the bottom center of your PC
or Mac screen. At the bottom of the window on the right side of the screen, click
the icon labeled “RaiseHand”. Your digital hand will now be raised.
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April 9, 2020City Council Meeting Agenda - Final
d) Those addressing Council must state their name for the record.
e) To facilitate electronic access, no person shall speak until recognized by the
Presiding Officer.
3. Join by Phone
a) JOIN BY PHONE:
*67 1-669-900-9128
Enter Meeting ID: 692 410 5349
b) If you wish to address Council during the public comment portion of the
agenda, Press *9 and we will select you from the meeting cue.
c) Public comment will be limited to one minute per person.
d) Those addressing Council must state their name for the record.
e) To facilitate electronic access, no person shall speak until recognized by the
Presiding Officer.
f) To hear item 10:15 A.M. in Spanish or Hmong, please follow the instructions
below.
10:15 Item: Call in number:
Spanish: 978-990-5000, Access Code# 118026
Hmong: 605-472-5787, Access Code# 982926
The interpreter will also translate for any of the Spanish or Hmong speaking
community as they raise their hand to speak and they are called by the Council
President.
4. Email: to clerk@fresno.gov
a) Residents may also email comments to be read during the meeting. Please
include the agenda date and item number you wish to speak on in the subject
line of your email.
b) Emails will be a maximum of 150 words.
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April 9, 2020City Council Meeting Agenda - Final
c) All comments received will be distributed to Council prior and during the
meeting and will be a part of the official record.
All participants will be on mute until they are called upon at which point they will
be unmuted. To prevent participants from having their video on, we will remove
the option to show their video.
Pursuant to the Executive Order, and in compliance with the Americans with
Disabilities Act, if you need special assistance to participate in the Council
meeting, please contact the City Clerk’s Office, 559-621-7650 within 48 hours of
the meeting.
The City of Fresno thanks you in advance for taking all precautions to prevent
spreading COVID-19 virus.
AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL
VETO OR RECONSIDERATION
Page 4 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
ASESORIA PÚBLICA:
LAS CÁMARAS DEL CONSEJO MUNICIPAL Y LA ALCALDÍA NO ESTRAN
ABIERTOS AL PÚBLICO
Mientras que la Orden de Emergencia No. 2020-12 esté en efecto, las reuniones
públicas de la Ciudad de Fresno se llevarán a cabo solo por vía electrónica y por
teléfono. Nadie estará físicamente presente en las Cámaras, y las Cámaras no
estarán abiertas al público. La Alcaldía permanecerá cerrada al público.
Para observar la reunión en el sitio de internet de nuestra ciudad, haga clic en el
URL https://fresno.legistar.com/Calendar.aspx y haga clic en el enlace "En
progreso" debajo de "video" para la junta correspondiente. La reunión del
Consejo también se puede ver en vivo a las 9:00 a.m. en el Canal 96 de Comcast
96 y el Canal 99 de AT&T.
Se anima a los miembros del público a participar electrónicamente.
COMENTARIO PÚBLICO: Las siguientes opciones están disponibles para los
miembros del público que desean dirigirse al Consejo de la Ciudad:
Comentario electrónico en https://fresno.legistar.com/Calendar.aspx.
a) Los eComments (comentarios electrónicos) estarán abiertos durante la
reunión del Consejo y se cerrarán al final de la reunión y formarán parte del
registro oficial. Se puede acceder al documento de Acuerdo del Usuario y
Procedimientos para eComment a través de la URL
https://www.fresno.gov/cityclerk/
b) Los comentarios electrónicos serán de un máximo de 150 palabras.
2. Únase en línea por Zoom
a) Si desea hablar sobre un tema del agenda, puede acceder a la reunión de
forma remota desde una PC, Mac, iPad, iPhone o dispositivo Android: utilice
este enlace https://zoom.us/j/6924105349
b) Si no desea que su nombre aparezca en la pantalla, utilice el menú
desplegable y haga clic en "cambiar nombre" para renombrarse.
c) Si desea dirigirse al Consejo de la Ciudad durante la sección de comentarios
públicos de la agenda, haga clic en el icono con la etiqueta "Participantes" en la
parte inferior central de la pantalla de su PC o Mac. En la parte inferior de la
Page 5 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
ventana en el lado derecho de la pantalla, haga clic en la parte inferior con la
etiqueta "Levantar la Mano". Su mano digital ahora se levantará.
d) Aquellos que se dirijan al Consejo deben indicar su nombre para el registro.
e) Para facilitar el acceso electrónico, ninguna persona hablará hasta que el
Dirigente Oficial lo reconozca.
3. Únase por Teléfono
a) ÚNASE POR TELÉFONO:
* 67 1-669-900-9128
Ingrese la ID de la Reunión: 692 410 5349
b) Si desea dirigirse al Consejo durante la sección de comentarios públicos del
agenda, presione * 9 y lo seleccionaremos en base a la orden durante la reunión.
c) El comentario público estará limitado a un minuto por persona.
d) Aquellos que se dirijan al Consejo deben indicar su nombre para el registro.
e) Para facilitar el acceso electrónico, ninguna persona hablará hasta que el
Dirigente Oficial lo reconozca.
f) Para escuchar el artículo de las 10:05 A.M. en español o hmong, siga las
instrucciones a continuación.
Artículo de las 10:05: Número de llamada:
Español: 978-990-5000, código de acceso # 118026
Hmong: 605-472-5787, código de acceso # 982926
El intérprete también traducirá para cualquier miembro de la comunidad que
hable español o hmong cuando levanten la mano para hablar y el Presidente del
Consejo los elija.
4. Correo electrónico: a clerk@fresno.gov
a) Los residentes también pueden enviar comentarios por correo electrónico
para ser leídos durante la reunión. Incluya la fecha del agenda y el número de
artículo sobre el que desea hablar en la línea de asunto de su correo electrónico.
Page 6 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
b) Los correos electrónicos tendrán un máximo de 150 palabras.
c) Todos los comentarios recibidos se distribuirán al Consejo antes y durante la
reunión y formarán parte del registro oficial.
Todos los participantes estarán en silencio hasta que se les elija, en cuyo punto
se desactivara el silenciador. Para evitar que los participantes tengan su video
encendido, eliminaremos la opción de mostrar su video.
En conformidad con la Orden Ejecutiva, y en conformidad con la Ley de
Estadounidenses con Discapacidades, si necesita asistencia especial para
participar en la reunión del Consejo de la Ciudad, comuníquese con la Oficina
del Secretario de la Ciudad, al 559-621-7650 con 48 horas de anticipo a la
reunión.
La Ciudad de Fresno le agradece de antemano por tomar todas las precauciones
para evitar la propagación del virus COVID-19.
LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A
UN VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION
Page 7 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
COV LUS TSHAJ TAWM RAU COV PEJ XEEM:
PEB YUAV TSIS QHIB LUB TSEV SIB THAM RAU COV PAB PAWG TSWJ XYUAS
LUB NROOG THIAB LUB TSEV CITY HALL RAU COV PEJ XEEM TUAJ
Thaum lub sijhawm uas Cov Lus Khoo Xwm Txheej Ceev Lej 2020-12 tseem ua
haujlwm tswj mus, Lub Nroog Fresno yuav tuav cov rooj sib tham rau cov pej
xeem hauv istawsnev thiab xovtooj nkaus xwb. Peb yuav tsis muaj neeg tuaj rau
tim Lub Tsev Sib Tham Rau Pab Pawg Tswj Xyuas Lub Nroog, thiab peb yuav
tsis qhib Lub Tsev Sib Tham Rau Pab Pawg Tswj Xyuas Lub Nroog rau cov pej
xeem tuaj. Lub City Hall yuav kaw twj ywm mus tsis pub rau cov pej xeem tuaj.
Yog tias koj xav saib lub rooj sib tham hauv Lub Nroog qhov vesxaij nias rau
qhov URL https://fresno.legistar.com/Calendar.aspx thiab nias rau qhov sau tias
“In progress” hauv qab qhov sau tias "video" kom koj pom tau lub rooj sib tham.
Peb yuav tso Pab Pawg Tswj Xyuas Lub Nroog lub rooj lus sib tham tib lub
sijhawm lawv tham ntawd thaum 9:00 A.M. ntawm Comcast Tshooj 96 thiab
AT&T Tshooj 99.
Peb txhawb kom cov pej xeem koom hauv istawsnev.
LUS LOS NTAWM COV PEJ XEEM : Peb muaj cov kev ntawm no rau cov pej
xeem uas xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog:
1. Saum eComment ntawm https://fresno.legistar.com/Calendar.aspx.
a) Peb yuav qhib eComment lub sijhawm Pab Pawg Tswj Xyuas Lub Nroog
tseem tuav lub rooj sib tham thiab peb yuav kaw thaum lub rooj sib tham xaus
thiab peb yuav khaws tseg cov lus hauv rau peb cov ntaub ntawv. Koj mus saib
tau Cov Lus Pom Zoo thiab Cov Txheej Txheem Rau Tus Neeg Siv eComment
ntawm qhov chaw nyob URL https://www.fresno.gov/cityclerk/
b) Peb tsuas pub koj sau 150 cov lus hauv eComments xwb.
2. Mus koom hauv istawsnev nrog Zoom
a) yog tias koj xav tham txog ib yam ntawm qhov lawv teem los tham txog, koj
saib tau lub rooj sib tham qhov twg los tau hauv koj lub PC, Mac, iPad, iPhone,
lossis xovtooj Android: Thov siv qhov URL ntawm no
https://zoom.us/j/6924105349
b) Yog tias koj tsis xav kom pom koj lub npe ntawm daim screen rau txhua tus
pom, ces nias rau qhov menu kom nws tshwm qhov sau tias "rename" kom koj
Page 8 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
sau tau ib lub npe rau koj tus kheej.
c) Yog tias koj xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog lub sijhawm
lawv qhib rau cov pej xeem hais lus, nias rau qhov sau tias “Participants” uas
nyob hauv qab lub nrab ntawm koj daim screen rau lub PC lossis Mac. Hauv qab
koj daim screen ntawm sab xis, nias qhov sau tias “Raise Hand”. Thaum koj ua li
no nws yuav pom koj tsa koj txhais tes.
d) Cov uas hais lus rau Pab Pawg Tswj Xyuas Lub Nroog yuav tsum qhia lawv
lub npe rau peb muab ntaus cia.
e) Kom peb pab cov tib neeg saum istawsnev, peb yuav tsis pub leej twg hais lus
txog txij Tus Tswj Saib Xyuas tso cai tso.
3. Koom hauv Xovtooj
a) KOOM HAUV XOVTOOJ:
*67 1-669-900-9128
Ntau tus ID rau Lub Rooj Sib Tham: 692 410 5349
b) Yog tias koj xav hais lus rau Pab Pawg Tswj Xyuas Lub Nroog thaum txog lub
sijhawm pub cov pej xeem hais lus, Nias *9 ces peb mam xaiv koj ntawm cov
neeg tos hais lus.
c) Txhua tus neeg hais lus tsuas tau ib feeb los hais lus xwb.
d) Cov uas hais lus rau Pab Pawg Tswj Xyuas Lub Nroog yuav tsum qhia lawv
lub npe rau peb muab ntaus cia.
e) Kom peb pab cov tib neeg saum istawsnev, peb yuav tsis pub leej twg hais lus
txog txij Tus Tswj Saib Xyuas tso cai tso.
f) Yog tias koj xav hnov qhov lawv yuav tham thaum 10:05 A.M. ua Lus Mev
lossis Lus Hmoob, thov ua raws li cov lus qhia hauv qab ntawm no:
Qhov yuav tham thaum 10:05: Hu rau tus xovtooj no:
Lus Mev: 978-990-5000, Tus Lej Kom Nkag Tau Rau Hauv# 118026
Lus Hmoob: 605-472-5787, Tus Lej Kom Nkag Tau Rau Hauv# 982926
Tus txhais lus yuav txhais lus rau cov pej xeem hauv lub zej zog uas hais Lus
Mev lossis Lus Hmoob thaum lawv tsa tes los hais lus thiab Tus Thawj Coj
Page 9 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Ntawm Pab Pawg Tswj Xyuas Lub Nroog hu lawv lub npe.
4. Email: rau clerk@fresno.gov
a) Cov tib neeg uas nyob hauv lub nroog kuj email tau lawv cov lus tuaj rau peb
nyeem thaum peb tuav lub rooj sib tham los tau thiab. Thov sau lub hnub tim
ntawm lub rooj sib tham thiab tus lej ntawm qhov koj xav tham txog uas koj xav
hais lus rau ntawm kab subject line (kab qhia txog cov ntsiab lus ntawm tsab
email) rau koj qhov email.
b) Peb tsuas pub koj sau mus txog 150 cov lus rau hauv koj qhov email xwb.
c) Tagnrho cov lus yuav muab faib rau Pab Pawg Tswj Xyuas Lub Nroog pom ua
ntej thiab thaum lwv tseem tuav lub rooj sib tham thiab peb yuav khaws tseg
tagnrho cov lus hais rau peb cov ntaub ntawv.
Peb yuav tua kom txhob hnov cov neeg koom lub suab hais txog txij lawv hu
nws lub npe ces thaum ntawd mam li taws pub hnov nws hais lus. Kom peb
pab tiv thaiv kom tsis txhob pom cov neeg koom, peb yuav tua qhov pom tus
neeg.
Raws li Cov Lus Khoo Los Ntawm Cov Nom Tswv, thiab kom peb ua tau raws li
Txoj Cai Tiv Thaiv Cov Neeg Asmesliskas Uas Muaj Tej Yam Kev Xiam Oob
Qhab, yog tias koj yuav tsum tau kev pab tshwj xeeb los koom nrog Pab Pawg
Tswj Xyuas Lub Nroog lub rooj sib tham, thov hu rau Lub Nroog Tus Kws Khiav
Ntaub Ntawv Lub Chav Haujlwm, 559-621-7650 ua ntej 48 teev ua ntej lub rooj sib
tham.
Lub Nroog Fresno xav ua tsaug rau koj ua ntej los xyuam xim tiv thaiv kom tus
kab mob COVID-19 tsis txhob kis tau ntxiv.
YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ
YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA
Page 10 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
10:36 A.M. ROLL CALL
Invocation
Pledge of Allegiance to the Flag
APPROVE AGENDA
CEREMONIAL PRESENTATIONS
COUNCILMEMBER REPORTS AND COMMENTS
1. CONSENT CALENDAR
Consider changes to Council Rules of Procedure.ID 20-004591-A
Sponsors:Councilmember Arias
Approval of Minutes for the following:
1.March 16, 2020 Notice of Special Emergency Open
and Closed Session Meeting
2.March 18, 2020 Notice of Special Emergency Open
and Closed Session Meeting
3.March 19, 2020 Notice of Special Emergency Open
and Closed Session Meeting
4.March 19, 2020 City Council Regular Meeting
5.March 23, 2020 Notice of Special Emergency Open
and Closed Session Meeting
6.March 25, 2020 Notice of Special Emergency Open
and Closed Session Meeting
ID 20-004031-B
Sponsors:Office of the City Clerk
***RESOLUTION - Declaring the results of the
Consolidated Direct Primary Election held on March 3,
2020. (Subject to Mayor’s veto)
ID 20-004211-C
Sponsors:Office of the City Clerk
Page 11 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Actions pertaining to the summary vacation of access right
restrictions on a portion of the west side of North Weber
Avenue, south of East Belmont Avenue (Council District 3)
1.Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301(b, c), Class 1
(Existing Facilities) of the California Environmental Quality
Act (CEQA) Guidelines, Environmental Assessment Number
PW00663.01 Weber.
2.***RESOLUTION - Ordering the vacation of access right
restrictions on a portion of the west side of North Weber
Avenue, south of East Belmont Avenue (Subject to Mayor’s
Veto)
ID 20-002591-D
Sponsors:Public Works Department
RESOLUTION - Approving the Final Map of Tract No. 6247,
Phase 2 of Vesting Tentative Tract Map No. 5592, and
accepting dedicated public uses offered therein except for
dedications offered subject to City acceptance of developer
installed required improvements - Southwest corner of East
Shields Avenue and North Locan Avenue (Council District 4)
ID 20-004291-E
Sponsors:Public Works Department
Actions pertaining to the City of Fresno Electric Vehicle
Charging Pilot Program (Citywide)
1.***RESOLUTION - 37th Amendment to the Annual
Appropriation Resolution (AAR) No. 2019-133 appropriating
$783,000 for the Electric Vehicle Charging Pilot Program
Project (Requires 5 votes) (Subject to Mayor’s Veto)
2.Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301(a), (b), and (c) of
the California Environmental Quality Act guidelines
3.Award a contract to Turn Key Construction and Solar,
Inc., of Fresno, CA in an amount of $783,000 to install
electric vehicle chargers at City owned property utilizing
state and local grant funding
ID 20-004301-F
Sponsors:Public Works Department
Page 12 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Actions pertaining to the Romain Park Challenge Course
Project (Bid File 3704) (Council District 7)
1.Adopt finding of a Categorical Exemption pursuant to
Sections 15301(e)/Class 1 and 15303/Class 3 of the
California Environmental Quality Act (CEQA) Guidelines
2.Award a construction contract with American Paving Co.,
of Fresno, CA, for $365,708
ID 20-004311-G
Sponsors:Public Works Department
RESOLUTION - Approving the Final Map of Tract No. 6106
and accepting dedicated public uses offered therein -
northeast corner of North Chestnut Avenue and East Copper
Avenue (Council District 6)
ID 20-004391-H
Sponsors:Public Works Department
RESOLUTION - Approving the Final Map of Tract No. 6231
and accepting dedicated public uses offered therein - North
of the intersection of North Friant Road and East Copper
River Drive, within the Copper River Ranch planned
community (Council District 6).
ID 20-004401-I
Sponsors:Public Works Department
Approve a Master License Agreement for placement of
telecommunication equipment on City assets as defined by
Federal Communications Commission (FCC) Order 18-33.
ID 20-003321-J
Sponsors:Information Services Department
Actions pertaining to the Kings Canyon Apartments
affordable housing project located at the 5100 block of East
Kings Canyon Avenue:
1.Approve a Second Amendment to Amended and
Restated Disposition and Development Agreement between
the Cesar Chavez Foundation and City of Fresno; and
2.Approve a Grant Agreement between the Cesar Chavez
Foundation and the City of Fresno to execute Council’s
previous budget action to provide a $500,000 grant (District
5)
ID 20-004541-K
Sponsors:Mayor's Office
***RESOLUTION - 38th Amendment to the Annual ID 20-003891-L
Page 13 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Appropriation Resolution (AAR) No 2019-133 appropriating
$128,100 from the State Homeland Security Grant Program
to the Fire Department to purchase equipment and provide
training. (Subject to Mayor’s Veto) (Requires 5 affirmative
votes)
Sponsors:Fire Department
Approve the Second Amendment to the professional
consultant services agreement with Carollo Engineers, Inc.,
for preparation of workplans for evaluation of the existing
groundwater monitoring well network and arsenic and
manganese assessment at the Fresno-Clovis Regional
Wastewater Reclamation Facility, increasing the contract
amount by $690,050, for a not to exceed amount of
$989,337, and extend the completion date from December
10, 2019 to October 29, 2021. (Council District 3 and
Citywide)
ID 20-003991-M
Sponsors:Department of Public Utilities
Approve the First Amendment to the Professional Consultant
Services Agreement with Blair, Church & Flynn Consulting
Engineers, Inc., to extend the work completion date from
December 20, 2019 to November 1, 2020, for the
preparation of plans and specifications for construction of the
Congo Alley Water Main Replacement Project, for a
previously approved contract amount of $35,800. (Council
District 3)
ID 20-004351-N
Sponsors:Department of Public Utilities
Approve the First Amendment to the Consultant Services
Agreement with Infor, Inc., in the amount of and not to
exceed $236,440 for additional Infor Enterprise Asset
Management Software Implementation Services within the
Wastewater Management Division; increasing the total
contract amount to $1,719,734 (Citywide)
ID 20-004421-O
Sponsors:Department of Public Utilities
Page 14 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Approve Professional Consultant Services Agreement with
Akel Engineering Group, Inc., in the amount not to exceed
$239,950, to develop a Wastewater Collection System
Renewal and Replacement Plan (Citywide)
ID 20-004501-P
Sponsors:Department of Public Utilities
Approve Agreement with Destiny Nicole Thomas, DBA
Thrivance Project, LLC for implementation of the
Transformative Climate Communities (TCC) grant Transform
Fresno Displacement Avoidance Plan within the Transform
Fresno Project Area in the amount of $81,000.
ID 20-004001-Q
Sponsors:Office of Mayor & City Manager
Approve a consultant services agreement with Landry
Consulting LLC to provide consulting services related to
developing the Fresno Yosemite International Airport’s
Safety Management System program in an amount not to
exceed $99,970 (Council District 4).
ID 20-004011-R
Sponsors:Airports Department
Approve 3-year contract for “on demand service” logging
activities at Camp Fresno/Camp Fresno Jr with cost varied
by tree size and method of removal between $420 and
$1350 per tree.
ID 20-004021-S
Sponsors:Parks, After School and Recreation and Community Services
Department
Approve the award of a purchase contract to Swanson
Fahrney Ford of Selma, California, for the purchase of 33
Ford vehicles for Department of Public Utilities, Department
of Public Works, Department of Transportation, and Parks
Department in the amount of $961,828 (Bid File 3752)
ID 20-004261-T
Sponsors:Department of Transportation
Adopt a finding of Categorical Exemption for Environmental
Assessment Number P18-01643, per staff determination,
pursuant to Section 15301/Class 1, 15302/Class 2,
15303/Class 3, 15304/Class 4, and 15311/Class 11 of the
California Environmental Quality Act Guidelines for the
Department of Transportation/FAX Division Shaw-Cedar Bus
Stop Upgrades Project
ID 20-004271-U
Page 15 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
1.Adopt a finding of Categorical Exemption for
Environmental Assessment Number P18-01643, per staff
determination, pursuant to Section 15301/Class 1,
15302/Class 2, 15303/Class 3, 15304/Class 4, and
15311/Class 11 of the California Environmental Quality Act
Guidelines
2.Resolution Authorizing the Director of Transportation to
request allocation and accept funding from the California
Transit Commission for the purpose of completing bus stop
improvements along and intersecting the Shaw and Cedar
Avenue corridors within the City of Fresno
Sponsors:Department of Transportation
***RESOLUTION - Authorizing submission of funding
requests to the Low Carbon Transit Operations Program for
bus service operating support, installation of solar lighting at
bus stops, and the planning and design of accessibility
improvements to ADA bus stops, execution of grant award
documents if awarded, and execution of related
Certifications and Assurances and Authorized Agent Forms
(Subject to Mayor’s veto)
ID 20-004411-V
Sponsors:Department of Transportation
Actions related to the award of a consulting services
agreement with The LeFlore Group, LLC, of Whittier,
California, in the amount of $198,500
1.Affirm the City Manager’s determination that The LeFlore
Group, LLC, is uniquely qualified to develop the Department
of Transportation Zero-Emission Bus Rollout Plan as
required by the California Air Resource Board Innovative
Clean Transit regulation
2.Affirm the City Manager’s determination that The LeFlore
Group, LLC, is uniquely capable, as defined by the Federal
Transit Administration for sole source non-competitive
procurements, to develop the Department of Transportation
Zero-Emission Bus Rollout Plan as required by the California
Air Resource Board Innovative Clean Transit regulation.
3.Award a consulting services agreement with The LeFlore
Group, LLC, of Whittier, California, in the amount of
$198,500
ID 20-004441-W
Page 16 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Sponsors:Department of Transportation
Approve a product purchase agreement with Swanson
Fahrney Ford, a Selma, California based dealership, in the
amount of $142,912.18 for seven sedans for the Department
of Transportation/FAX Division (Bid File 3716)
ID 20-004511-X
Sponsors:Department of Transportation
Adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 and Section 15303/Class 3 per consultant
determination, pursuant to the California Environmental
Quality Act Guidelines for Existing Facilities and New
Construction for the Department of Transportation/FAX
Division Facility Master Plan Improvement Project
1.Adopt a finding of Categorical Exemption pursuant to
Section 15301/Class 1 and Section 15303/Class 3 per
consultant determination, pursuant to the California
Environmental Quality Act Guidelines
2.Resolution Authorizing the Director of Transportation to
request allocation and accept funding from the California
Transit Commission for the purpose of Existing Facilities and
New Construction for the Department of Transportation/FAX
Division Facility Master Plan Improvement Project within the
City of Fresno
ID 20-004281-Y
Sponsors:Department of Transportation
Actions pertaining to the Air Support “Skywatch” Unit
1.Award a sole source contract for two navigation
computers to Churchill Navigation not to exceed $337,000
2.***RESOLUTION - Adopt Resolution authorizing the Chief
of Police to enter into a contract for Augmented Reality
Mapping System (ARS) from Churchill Navigation without
advertised competitive bidding (Subject to Mayor’s Veto)
ID 20-004361-Z
Sponsors:Police Department
Page 17 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Approve Access Agreement with Saint Rest Baptist Church
for public green space in an amount up to $58,000.
ID 20-004611-AA
Sponsors:Office of Mayor & City Manager
Approve a Memorandum of Understanding between City of
Fresno and County of Fresno implementing the joint
COVID-19 homeless response plan under the COVID-19
Emergency Homelessness Funding program which include
allocations to the City of Fresno ($1,012,869.44); and County
of Fresno ($382,080.59). (Attachment A)
ID 20-004621-BB
Sponsors:Mayor's Office, Councilmember Arias, Councilmember Soria
and Councilmember Bredefeld
JOINT MEETING OF THE FRESNO REVITALIZATION CORPORATION AND CITY
OF FRESNO IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE
REDEVELOPMENT AGENCY
Consider Extension of Exclusive Negotiation Agreement for
887 Fulton Street between Noyan Frazier Capital LP and the
City of Fresno a municipal corporation and in its capacity as
Housing Successor.
ID 20-004171-CC
Sponsors:Successor Agency to the Redevelopment Agency of the City
of Fresno
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:05 A.M.#1
Actions pertaining to proposed Substantial Amendment
2019-01 to the 2019-2020 Annual Action Plan:
1.HEARING to obtain public comments regarding
Substantial Amendment 2019-01 to the 2019-2020
Annual Action Plan and submission of a $7.5 million
Section 108 Loan Application to the United States
Department of Housing and Urban Development (HUD)
for the construction of a Multigenerational Center in Large
Park, located at 4424 N. Millbrook Avenue, Fresno, CA
93726; and
2.RESOLUTION - Adopting Substantial Amendment
2019-01 to the Fiscal Year (FY) 2019-2020 Annual Action
ID 20-00437
Page 18 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Plan; authorizing submission to the U.S. Department of
Housing and Urban Development (HUD) of a $7.5 million
Section 108 Loan Application for the construction of a
Multigenerational Community Center; and authorizing the
City Manager to sign all necessary implementing
documents required by HUD
Sponsors:Planning and Development Department
10:05 A.M. #2
(CONTINUED TO MAY 14, 2020)
Actions pertaining to the 2020-2024 Consolidated Plan
Including Citizen Participation Plan, 2020-2021 Annual
Action Plan, and Analysis of Impediments to Fair Housing
Choice. Citywide.
1.HEARING to obtain public comments regarding the
Draft 2020-2024Consolidated Plan Including Citizen
Participation Plan, Draft 2020-2021 Annual Action Plan,
and Draft Analysis of Impediments to Fair Housing
Choice; and
2.RESOLUTION - Adopting the 2020-2024 Consolidated
Plan including Citizen Participation Plan, 2020-2021
Annual Action Plan, and Analysis of Impediments to Fair
Housing Choice; authorizing submission to the U.S.
Department of Housing and Urban Development (HUD)
for application of the Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME),
Emergency Solutions Grant (ESG), and Housing
Opportunities for Persons with AIDS (HOPWA) Programs
and authorizing the City Manager to sign all implementing
documents required by HUD as approved to form by the
City Attorney.
ID 20-00452
Sponsors:Planning and Development Department
10:05 A.M. #3
(CONTINUED TO MAY 14, 2020)
Actions pertaining to proposed Substantial Amendment
2019-02 to the 2019-2020 Annual Action Plan. (District 4)
1.HEARING to obtain public comments regarding
Substantial Amendment 2019-02 to the 2019-2020
Annual Action Plan to reprogram Community
ID 20-00453
Page 19 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Development Block Grant (CDBG) entitlement funds for
the construction of a Multigenerational Community Center
in Large Park, located at 4424 N. Millbrook Avenue,
Fresno, CA 93726; and
2.RESOLUTION - Adopting Substantial Amendment
2019-02 to the 2019-2020 Annual Action Plan to submit a
request to the U.S. Department of Housing and Urban
Development (HUD) to reprogram CDBG entitlement
funds for the construction of a Multigenerational
Community Center and authorizing the City Manager to
sign all necessary implementing documents
Sponsors:Planning and Development Department
10:15 A.M.
HEARING to Consider Rezone Application No.
P19-04890, Development Permit Application No.
P19-02898; and related Environmental Assessment No.
P19-02898/P19-04890 pertaining to 0.44 acres of
property located on the east side of North Arthur Avenue,
south of its intersection with West Shaw Avenue (Council
District 1) - Planning and Development Department.
1.ADOPT Environmental Assessment No. P19-
02898/P19-04890, dated February 7, 2020, a Negative
Declaration for the proposed project pursuant to the
California Environmental Quality Act (CEQA).
2.ADOPT findings pursuant to Government Code
Section 65863(b)(2) that there is substantial evidence in
the record that remaining sites identified in the Housing
Element can accommodate the City of Fresno’s share of
the Regional Housing Needs Assessment (RHNA).
3.BILL - (For introduction and adoption) - Approving
Rezone Application No. P19-04890 requesting
authorization to remove conditions of zoning on 0.44
acres located on the east side of North Arthur Avenue,
south of West Shaw Avenue.
4.APPROVE - Development Permit Application No. P19-
02898 requesting authorization to construct a seven-unit
ID 20-00443
Page 20 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
multi-family development in a RM-1 (Residential
Multi-Family - Medium High Density) zone district, subject
to compliance with Conditions of Approval dated March 4,
2020.
Sponsors:Planning and Development Department
3. GENERAL ADMINISTRATION
4. CITY COUNCIL
5. CLOSED SESSION
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.: 15
CV-00905 BAM (Police Department).
ID 20-004135-A
Sponsors:City Attorney's Office
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
- Government Code Section 54956.8; Property: APN
438-021-92T, 35T, 93T, and 60T, and 438-062-37T and
53T
Negotiating Parties: City Manager, CVCSF.
ID 20-004565-B
Sponsors:Councilmember Arias
1.Government Code Section 54957(b): Consider the
appointment, employment, evaluation of performance,
discipline, or dismissal of a public employee.
Title: City Attorney
2.Government Code Section 54957.6: Conference with
Labor Negotiator.
City Negotiator: Council President Miguel Arias
Unrepresented Employee: City Attorney
ID 20-004155-C
Sponsors:Councilmember Arias
1.Government Code Section 54957(b): Consider the
appointment, employment, evaluation of performance,
discipline, or dismissal of a public employee.
Title: City Clerk
ID 20-004165-D
Page 21 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
2.Government Code Section 54957.6: Conference with
Labor Negotiator.
City Negotiator: Council President Miguel Arias
Unrepresented Employee: City Clerk
Sponsors:Councilmember Arias
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 possible scheduling on a future Council
agenda.
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
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)
April 23, 2020
10:05 A.M. - HEARING re: Resolution of Necessity to remove Outfront Billboard for
the Veterans Blvd Ph II project.
May 14, 2020
10:00 A.M. - HEARING re: vacation for a PUE in Dearing Avenue alignment
May 14, 2020
10:05 A.M.#1 - CONTINUED HEARING re: the Consolidated Plan, Annual Action
Page 22 City of Fresno ***Subject to Mayoral Veto
April 9, 2020City Council Meeting Agenda - Final
Plan, and Analysis of Impediments to Fair Housing Choice. (Continued to May 14,
2020)
May 14, 2020
10:05 A.M. #2 - CONTINUED HEARING - To review Substantial Amendment No.
2019-02 to 2019-2020 Annual Action Plan (Continued to May 14, 2020)
June 11, 2020
10:00 A.M. HEARING to adopt resolutions and ordinance to consider the formation
of a new special tax district (Community Facilities District No. 17 – Sewer
Lift-Station Maintenance District) and to authorize levy a special tax (northeast
corner of North Temperance and East McKinley Avenues) (Council District 4)
UPCOMING EMPLOYEE CEREMONIES
April 22, 2020 (Wednesday - 2:00 P.M.) – Employee Service
Awards-CANCELLED
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
2020 CITY COUNCIL MEETING SCHEDULE
APRIL 16, 2020 - NO MEETING
APRIL 23, 2020 - 9:00 A.M. MEETING
APRIL 30, 2020 - NO MEETING
MAY 7, 2020 - NO MEETING
MAY 14, 2020 - 9:00 A.M. MEETING
MAY 21, 2020 - 9:00 A.M. MEETING
MAY 28, 2020 - NO MEETING
Page 23 City of Fresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00459 Agenda Date:4/9/2020 Agenda #:1-A
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:MIGUEL ARIAS, Council President
SUBJECT
Consider changes to Council Rules of Procedure.
City of Fresno Printed on 12/12/2022Page 1 of 1
powered by Legistar™
RULES OF PROCEDURE
FOR THE CITY COUNCIL
OF THE
CITY OF FRESNO
Adopted as Amended
April 9, 2020
Amended April 9, 2020
TABLE OF CONTENTS
Page Nos.
RULE NO. 1
Effect of Rules ...................................................................................................... 1
RULE NO. 2
Election of Council President and Vice President ................................................. 1
RULE NO. 3
Duties of Council President and Vice President ................................................... 2
RULE NO. 4
Council President to Serve as Presiding Officer ................................................... 2
RULE NO. 5
Meetings ............................................................................................................... 3
RULE NO. 6
Council Agenda .................................................................................................... 4
RULE NO. 7
Order of Business ................................................................................................. 6
RULE NO. 8
Voting Process ..................................................................................................... 7
RULE NO. 9
Quorum, Majority Votes, and Supermajority Votes ............................................... 7
RULE NO. 10
Public Comment ................................................................................................... 8
RULE NO. 11
Written Correspondence ..................................................................................... 11
RULE NO. 12
Order and Decorum ............................................................................................ 11
RULE NO. 13
Disclosure of Conflict of Interest ......................................................................... 12
RULE NO. 14
Motions ............................................................................................................... 13
RULE NO. 15
Reconsideration .................................................................................................. 14
Amended April 9, 2020
RULE NO. 16
Public Hearings .................................................................................................. 15
RULE NO. 17
Quasi-Judicial Hearings and Individual Contacts ................................................ 15
RULE NO. 18
Continuances ...................................................................................................... 16
RULE NO. 19
Priority of Business ............................................................................................. 16
RULE NO. 20
Councilmember Reports and Comments ............................................................ 16
RULE NO. 21
Closed Sessions ................................................................................................. 17
RULE NO. 22
Questions of Order and Appeals to Rulings of Chair .......................................... 18
RULE NO. 23
Boards, Commissions, and Committees of the Council ...................................... 18
RULE NO. 24
Mayoral Committee Appointments ...................................................................... 19
RULE NO. 25
Council Appointments of Councilmembers to Committees ................................. 19
RULE NO. 26
News Media ........................................................................................................ 20
RULE NO. 27
Access to the Dais .............................................................................................. 20
Amended April 9, 2020
Page 1
RULES OF PROCEDURE FOR
THE CITY COUNCIL OF THE CITY OF FRESNO
RULE NO. 1
EFFECT OF RULES
a. These Rules of Procedure shall govern the conduct of all Fresno City Council
meetings and all City public meetings except those boards or bodies that have
adopted their own bylaws or rules of procedure. Unless superseded or prohibited
by state or city law, these Rules may be suspended by the affirmative vote of two-
thirds of the entire membership of the Council. The suspension shall be in effect
for the duration of one meeting only.
b. To the extent a matter is not covered by these Rules, the Presiding Officer, in
consultation with the City Attorney, may make a ruling. Any such ruling may not
violate mandatory Charter, the Fresno Municipal Code (“FMC”), or statutory
provisions that may govern a particular matter.
c. If any rule contained herein is in conflict with the provisions of the Charter or FMC,
such rule shall be deemed invalid or modified to conform to the Charter or FMC.
Such invalidity shall not affect other rules contained herein which can be given
effect without the invalid rule, and to this end these rules are severable.1
d. Any deviation from these Rules of Procedure shall not, alone, invalidate the
approval of any matter.
RULE NO. 2
ELECTION OF COUNCIL PRESIDENT AND VICE PRESIDENT
a. The officers of the Council shall consist of the President of the Council (Council
President) and Vice President. A Councilmember must have served on the
Council for at least one year immediately preceding the selection to be eligible to
serve as Council President. Each year at the first meeting in January, the Council
shall select a Council President and Vice President on a rotational basis.
b. The Councilmember who served as Vice President the previous year shall serve
as Council President. The Councilmember whose District Number immediately
follows that of the Council President, by increasing numerical order, shall serve as
Vice President. The Vice President is identified as Acting President in the Charter.
c. Whenever the office of Council President or Vice President rotates to a
Councilmember who is not eligible to hold office or who desires not to serve, the
office shall rotate to the next eligible Councilmember by Council District, in
increasing numerical order. Any vacancy in office shall also be filled in the same
fashion, by rotating the office to the next eligible Councilmember by Council
District, in increasing numerical order.
1 Fresno Municipal Code § 2-318
Amended April 9, 2020
Page 2
RULE NO. 3
DUTIES OF COUNCIL PRESIDENT AND VICE PRESIDENT
a. In addition to serving as Presiding Officer at Council meetings, it shall be the duty
of the Council President:
1. To sign all instruments requiring execution or agreement by the Council.
2. To serve as the chief spokesperson and representative for the Council for
matters before the public, the state and federal governments, and the City
Administration.
3. To develop an Annual Calendar of events to include, but not restricted to
council meetings, recesses, special meetings, holidays, etc.
4. To delegate by administrative directive any of the duties assigned to the
Council President.
5. To assist in preparing the Council meeting agenda.
6. To administer assignment of Council offices. Each December of an even
numbered year prior to Councilmembers vacating offices and newly elected
Councilmembers taking office, or at such other time as a Council office may
become vacant, the assignment of Councilmember offices shall take place
as follows: (1) each Councilmember may remain in the then current office,
if desired; (2) offices to become vacant shall be assigned on a seniority
selection basis, with seniority determined by the greatest length of current
continuous service as a Councilmember; in the event of a tie, two or more
Councilmembers having been sworn in and taking office on the same day,
a coin flip shall decide seniority for this purpose.
7. To assign seats on the dais. Councilmembers shall be assigned seats on
the dais in order of Council District, with District 1 next to the City Clerk and
District 7 next to the City Manager, but the Council President seated in the
center position, except as may be otherwise assigned by the Council
President.
b. It shall be the duty of the Vice President:
1. To serve with the Council President as spokesperson and representative
for the Council.
2. To assist the Council President in anticipating issues and problems
deserving or in need of special meetings.
3. In the absence of the Council President, the Vice President shall exercise
the duties and powers of the Council President.
RULE NO. 4
COUNCIL PRESIDENT TO SERVE AS PRESIDING OFFICER
a. The Council President shall be the Presiding Officer of the Council. In the absence
of the Council President, the Vice President shall preside over the Council. In the
absence of the Vice President, the Councilmember next in Council District
Amended April 9, 2020
Page 3
numerical rotation who is present shall preside until the return of one of the regular
officers. For City public meetings other than Council meetings, the Presiding
Officer shall be the individual designated by the City.
b. It shall be the duty of the Presiding Officer:
1. To open all meetings of the Council at the appointed hour by taking the chair
and calling the Council to order.
2. To call for the approval of the minutes.
3. To maintain order and proper decorum.
4. To announce the business before the Council in the order prescribed by
these rules.
5. To receive and submit all matters properly brought before the Council, to
call for votes upon the same, and to announce the results.
6. To make known all Rules of Procedure when so requested, and to decide
all questions of order and procedure; all rulings of the Presiding Officer are
subject to an appeal of the Council, and may be overruled by majority vote.
7. To preside at all closed sessions of the Council.
8. To perform such other duties as may be required by law or as may pertain
to such office.
[9. To provide for health and safety measures at public meetings during times
of declared viral emergency; such rules may consist of, but shall not be
limited to:
(a) All City public meetings, including but not limited to Planning
Commission and Council meetings, shall be conducted electronically (web
and telephone). The City Information Services Department shall coordinate
with the City Clerk and fully implement all feasible measures to allow for
remote participation for City officials and the public.
(b) The Council chambers shall be closed. All City officials and
employees may participate electronically.
(c) The Presiding Officer may provide any further direction before or
during the meeting to minimize health and safety risks and accommodate
participation.
(d) Public comment shall be limited to one minute per person, and City
officials are encouraged to be brief and speak no more than once per topic.
To facilitate electronic access, no person shall speak until recognized by
the Presiding Officer.]
Amended April 9, 2020
Page 4
RULE NO. 5
MEETINGS
a. Regular meetings of the Council will be held each Thursday at 9:00 a.m. in the
Council Chambers of City Hall. The time, date, or place of a regular meeting may
be altered as published in the Council Agenda.
b. Each year in December, Council shall adopt its annual calendar of regular
meetings for the following 12 months. The calendar may be amended by Council
minute resolution.
c. Special meetings of the Council may be called at any time by the Council President
or, in his/her absence, by the Vice President. A special meeting may also be called
by four members of the Council. A minimum of twenty-four hours notice of any
special meeting shall be given in accordance with the Ralph M. Brown Act ("Brown
Act").2
d. All meetings of Council shall be held in open session unless expressly authorized
as closed sessions under the Brown Act.3
e. Emergency meetings may be held upon a finding by a majority vote of the Council
that an emergency situation exists due to work stoppage, a crippling disaster, or
other activity that severely impairs public health or safety. Council may convene
emergency meetings without complying with the twenty-four hour notice and
posting requirement for special meetings provided the City complies with all
provisions of the Brown Act4 and other applicable law.
f. Regular Council meetings may be added or canceled by the Council President by
providing a memo to the City Clerk at least seven days in advance of the meeting
signed by the Council President and two additional Councilmembers, and in
compliance with the Brown Act. A regular meeting may also be canceled by the
Council President if the Council President has been provided information indicating
there will not be quorum in attendance at a scheduled Council meeting.
RULE NO. 6
COUNCIL AGENDA
a. The Councilmembers, Mayor, City Manager, City Clerk, and City Attorney may
place items on a Council Agenda, as provided herein.
b. All proposed resolutions, ordinances, and contracts shall be approved as to form
by the City Attorney's Office prior to placement on the Council Agenda. All
contracts shall be signed by the non-City party unless the contract is: (1) with
another public agency; (2) a complete standardized contract included in an RFP
that is not subject to negotiation; or (3) is a construction contract based upon bid
specifications in which final details are completed after Council approval.
2 Government Code §§ 54956. Fresno Municipal Code § 2-302
3 Government Code §§ 54954.5. Fresno Municipal Code § 2-308
4 Government Code § 54956.5
Amended April 9, 2020
Page 5
c. Each Councilmember shall place no more than two items on the Agenda. Consent
items and proclamations are excepted from this rule. There shall be no more than
four proclamations per meeting, and they shall be placed on the Agenda on a first-
come-first-served basis.
d. The general rule is to limit timed items to public hearings as defined in Rule 16.
Any requests for a timed item shall be submitted to the City Clerk by 2:00 p.m. of
the fifth business day prior to the Council meeting. This will allow for approval by
the Council President per Rule 6g. Timed items may also be set at a Council
meeting.5
e. All matters to be included on the Agenda and all supporting documents, including
Powerpoint presentations, shall be submitted to the Council President and City
Clerk by 5:00 p.m. on the Thursday prior to the Council meeting.
f. The City Clerk shall immediately arrange a list of such matters according to the
order of business as determined by these rules. In the interests of efficiency, the
City Clerk shall, unless directed otherwise by the Council President, group items
within the General Administration or Timed items together by sponsor or affected
official or department.
g. The Council President, City Clerk, City Manager, and City Attorney shall meet prior
to the printing of the final agenda to ensure the agenda is not overly congested
and agenda items are appropriately worded to meet Brown Act requirements. All
final decisions on matters regarding the agenda shall reside with the Council
President. The City Clerk shall notify affected Councilmembers or departments of
any changes prior to the issuance of final agenda.
h. The City Clerk shall furnish each member of the Council, the Mayor, the City
Manager, the City Attorney, and department directors with a copy of the agenda
prior to the Council meeting as far in advance of the meeting as time permits.
i. No item shall be placed on the Council Agenda except in accordance with the
Brown Act,6 the Fresno Municipal Code, and these Rules.
j. The City Clerk shall post and prepare the Agenda in accordance with the
Brown Act.7
k. The City Clerk may arrange for members of the public to comment upon Council
Agenda items electronically (“E-Comments”). If implemented, the electronic
comments shall be subject to the following provisions:
1. Commenters shall provide their true name and they may provide their
address.
2. E-Comments shall be posted publicly for all to view;
3. E-Comments shall be restricted to one comment per person per Agenda
item, and contain no more than 700 characters each, in plain text, with no images
5 Fresno Municipal Code § 2-303(a)
6 Government Code §54950 et seq.
7 Government Code §§ 54950 et seq., as amended. Fresno Municipal Code § 2-303(b)
Amended April 9, 2020
Page 6
or attachments;
4. Any E-Comments containing profanity, physical threats, personal
information about any other individual, or that are irrelevant to the topic or
pertaining to any matter outside the Council’s jurisdiction shall be deleted by the
City Clerk, and the City Clerk, in consultation with the Council President, shall
prohibit further E-Comments by individuals with repeated violations. The City
assumes no liability for removed E-Comments or restricting access to violating
individuals.
5. E-Comment users shall be required to agree to a terms of use policy prior
to commenting. A disclosure shall be approved by each person upon agreeing to
use E-Comments acknowledging the E-Comments may or may not be viewed by
Council or other City officials;
6. E-Comments shall not be permitted for the following: (a) Agenda items that
would not ordinarily be subject to public comment at a Council meeting, for
example, proclamations, approving minutes and agenda, procedural issues, or
workshops. (b) Land use or CEQA items. (c) unscheduled communication.
7. E-Comments shall be closed as to a particular Council meeting 24 hours in
advance of the scheduled start of the meeting;
8. The City Clerk shall collate and provide E-Comments to the Council by
12:00 p.m. the day before the Council meeting.
9. The Council President is authorized to implement further regulations of E-
Comments consistent with these Rules.
RULE NO. 7
ORDER OF BUSINESS
a. The general order of business will be as follows, unless the Council President
determines the order for a particular meeting or item needs to be modified:
1. Roll Call
2. Invocation
3. Flag Salute
4. Announcement of removal of items by the originating party or requests to
continue items
5. Approval of Agenda
6. Approval of Minutes
7. Awards, proclamations, and honorary resolutions
8. Councilmember Reports and Comments
9. Consent Calendar
10. Contested Consent Items
11. Timed Hearings and Matters
12. General Administration Items
13. Councilmember Items
14. Closed Session - typically heard at 1:30 p.m.
15. Closed Session Announcements
16. Joint Meetings with other agencies
Amended April 9, 2020
Page 7
17. Public Comment Period (not timed)
a. Scheduled
b. Unscheduled
18. Adjournment
b. The Public Comment Period includes Scheduled and Unscheduled
Communications. A speaker may request a timed item under Scheduled
Communications which will be set under Rule 10.
c. Council will generally recess from 12 noon to 1:30 p.m. for lunch.
d. A workshop may be placed on the Agenda from time to time, for informational
purposes only. During a workshop, public comment is generally not permitted,
subject to the discretion of the Presiding Officer to open the matter to public
comment. Council may also invite one or more speakers to address the item, with
or without time limits.
e. Timed items will generally be heard at or later than the time stated on the Agenda.
Untimed items may be called by the Presiding Officer at any time during the
meeting.
RULE NO. 8
VOTING PROCESS
a. Every vote taken by the Council in open session shall be by open ballot. To
register a vote on an item, a Councilmember must be physically present while the
vote is being taken or participating in the meeting by teleconference as permitted
by the Brown Act.
b. There shall be four methods of counting the votes of the Council: by electronic
vote; by a call of the roll of the members and a record made by the City Clerk of
the vote of each member; by a voice vote; or by unanimous consent. To inquire of
the Council’s consent, the Council President shall ask the Council if there is any
objection or opposition to the proposed action; if no objection or stated opposition,
the proposed action stands.
c. The Presiding Officer shall determine the method for voting unless requested
otherwise by a member of Council.
d. Unless a present Councilmember states he or she is not voting, silence shall be
recorded as an affirmative vote.8
e. The City Clerk shall record each vote and each abstention in the Minute Book and
announce the result to the Council.
8 Fresno Municipal Code § 2-313
Amended April 9, 2020
Page 8
f. Whenever the yes and no votes are called, a Councilmember shall not be
permitted to explain a vote or an abstention without the unanimous consent of the
Council. After the announcement of the result, a Councilmember shall not be
permitted to vote or to change a vote or an abstention, except as provided in
paragraph (g) below or in the case of a motion to reconsider as set forth in Rule
15.
g. Unless any Councilmember calls for separate votes in advance, any item on the
Agenda with related sub-parts shall be treated as one agenda item and voted on
in one motion. If the item and sub-parts receive sufficient votes for approval of
some, but not all sub-parts, at the immediate request of any Councilmember, the
first vote shall be nullified and Council shall then immediately, without discussion,
vote on each item separately.
h. For purpose of Charter Section 605, each proposed resolution or ordinance voted
on by the Council that is not approved by the Council and each ordinance or
resolution adopted by Council shall be transmitted to the Mayor within forty-eight
hours; if the forty-eight hours ends on a weekend or holiday, the time shall roll over
to the next business day.
RULE NO. 9
QUORUM, MAJORITY VOTES, AND SUPERMAJORITY VOTES
a. A majority of the entire membership of the Council shall constitute a quorum. A
quorum must be present to begin a Council meeting, for any vote to be taken, or
during any portion of a noticed public hearing.
b. A vote of the majority of the quorum shall be sufficient to take action except where
the Charter, FMC, or other applicable law requires a greater vote.
c. An Ordinance must receive at least four affirmative votes for adoption.
d. Matters requiring a supermajority vote (at least five affirmative votes) shall be
identified as such on the Agenda, and shall include, but are not limited to:
1. Adoption of an emergency ordinance necessary for preserving the public
peace, health or safety, that contains a statement of reasons for the
urgency, may be introduced, adopted, and take effect on the same date.9
2. Adoption of a resolution of necessity for a proposed taking of property by
power of eminent domain.10
3. Award of contract without competitive bidding if deemed by the Council to
be of urgent necessity for the preservation of life, health or property and if
such award is made by resolution declaring such facts.
4. Adoption of an appropriation amendment to the City Budget.11
9 Charter § 603
10 Civil Code § 1245.240
11 Charter § 1206
Amended April 9, 2020
Page 9
5. Council override vote of a Mayoral veto.12
RULE NO. 10
PUBLIC COMMENT
a. Citizens have the right to present grievances or offer suggestions for the
betterment of municipal affairs at any regular meeting of the Council.13
b. At any special meeting of the Council, the public has a right to speak on any item
listed on the Council Special Meeting Agenda within the time limits described
below. The public shall not have the right to address the Council on matters not
listed on the Council Special Meeting Agenda.
c. The public has a right at every regular meeting to provide oral testimony in
accordance with the Brown Act and Charter Section 506, subject only to the
following:
1. Action Items.
(a) Each speaker shall limit his or her remarks on any action item listed
on a Council Agenda to three minutes (hereinafter “public comment
period”).14 A speaker’s time may not be transferred, reserved, or
combined with another speaker’s time.
(b) The public comment period may be extended by the Presiding
Officer.
(c) In situations in which more than 20 people wish to speak on an item,
the Presiding Officer may place reasonable limits on the public
comment period, including reducing the time allotted to each speaker
to two minutes and/or a specific time limit for the total presentation.
Such time limits shall allow for full discussion of the item by interested
parties or their representative(s). The purpose of this limitation is to
ensure the Council can address its agenda and avoid repetitious
presentations.
2. Consent Calendar.
(a) Items on the Consent Calendar are considered routine, not
controversial, and are treated as one agenda item. Public comment
on the Consent Calendar shall be limited to three minutes per
speaker, and comments shall be limited to discussion of those items
on the Consent Calendar.
(b) A Councilmember may remove (“pull”) a specific item from the
Consent Calendar for separate discussion. Councilmembers may
also record a “no” vote or abstention as to one more items on the
Consent Calendar in advance of the vote. Council may then approve
12 Charter § 609
13 Charter § 506
14 Fresno Municipal Code § 2-312.
Amended April 9, 2020
Page 10
the Consent Calendar by one motion.
(c) Items removed for separate discussion by Councilmembers will be
heard under “Contested Consent.” The Council may hear public
comment on Contested Consent items at the time that item is heard.
(d) Generally, ordinance amendments approved by the Council at
introduction at one meeting shall be placed on the Consent Calendar
for final adoption at a subsequent meeting (noting, however, the
Council may, but is not required to, vote on an ordinance at
introduction).
3. Scheduled and Unscheduled Communications.
(a) A member of the public may address the Council on any item of
interest within the subject matter jurisdiction of the Council, under
Scheduled or Unscheduled Communications. Public comment shall
be limited to three minutes. The Presiding Officer or Council may
limit the total testimony under this section of the agenda to one hour.
Councilmembers may ask follow up questions of any speaker and
make brief comments at that time.
(b) Scheduled Communications are provided as a courtesy and matter
of convenience to the public. Requests for Scheduled
Communications are to be submitted to the City Clerk at least
10 days in advance on the form provided by the City Clerk’s office.
To maintain orderly conduct of Council meetings, a speaker may
address the Council under either Scheduled or Unscheduled
Communications, but not both. The Council President, in
consultation with the City Attorney, may deny a request for a
Scheduled Communication, if the communication has become
repetitive.
(c) Council may not take action on Scheduled and Unscheduled
Communications except to place the matter on a future agenda.
d. Speakers shall confine their remarks to those which are relevant to the subject
under consideration and are encouraged to present new evidence and points of
view not previously considered, to avoid repetition of statements made by previous
speakers. This is a time for speakers to make their remarks, not ask questions or
engage with officials on the dais; nonetheless, if speakers do have questions,
Council may direct that a staff member meet with the speaker following the
speaker’s remarks. Any speaker or member of the audience the Presiding Officer
declares out of order may be given one warning, and then if the conduct continues,
that person shall be removed from the Council chambers. Out of order may consist
of, for example, continuing to speak after the time for speaking has expired,
speaking on a topic not before the Council at that time, speaking out from the
audience, or causing any other disruption of the meeting.
e. Each person addressing the Council shall step up to the microphone, give his or
Amended April 9, 2020
Page 11
her name and address for the Council in an audible tone of voice for the record.15
f. In addition to oral testimony, any person may petition the Council. Petitions and
other matters shall be in writing, signed by the petitioners or persons presenting
them. All petitions shall be made part of the official records kept by the City Clerk.
g. Alternative methods of addressing the Council shall be allowed for persons who
do not speak English or with disabilities. Requests for accommodation should be
made with the City Clerk at least three business days in advance of the meeting.16
To maintain clarity and accuracy of the public record, when a City-provided
interpreter is present, public comments or discussion on the record shall be
translated by the City appointed interpreter. The translation may be summary of
the speaker’s comments, unless a Councilmember or the speaker desires
otherwise or the matter is a noticed public hearing.
h. A speaker addressing the Council through an interpreter shall be granted twice the
allotted time for comment (generally, six minutes) to ensure non-English speakers
the same opportunity to directly address the Council, unless simultaneous
translation equipment is used.
i. If City officials or staff believes an interpreter is likely to be necessary for an item
that is contentious, high profile, or specifically affecting a large number of non-
English speakers, staff should timely arrange with the City Clerk to have an
interpreter available when the item is heard by the Council. Interpreters shall be
selected from the Judicial Council’s Master List of Certified and Registered Court
Interpreters.
RULE NO. 11
WRITTEN CORRESPONDENCE
a. Any written communication relating to a matter pending, or to be brought before
the Council shall, whenever possible, be included in the agenda packet for the
meeting at which such item is to be considered. If received after the delivery of
the agenda packet, it shall be distributed to Council as soon as practicable after
receipt. The City Clerk shall also have copies available for requests by members
of the public.
b. Letters of appeal from administrative or commission decisions shall be processed
under applicable provisions of the FMC or other applicable laws.
c. Unless otherwise required by law to be accepted by the City at or prior to a Council
meeting or hearing, 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. Nonetheless, the Presiding Officer shall retain discretion to
accept additional documents at or prior to the time the Council Agenda item is to
be heard. The City Clerk shall note the 24 hour submittal requirement on the
Council Agenda.
15 Fresno Municipal Code § 2-312
16 Fresno Municipal Code § 2-312
Amended April 9, 2020
Page 12
RULE NO. 12
ORDER AND DECORUM
a. While the Council is in session, the Councilmembers must preserve order and
decorum. A Councilmember shall neither by conversation or otherwise, delay or
interrupt the proceedings or the peace of the Council nor disturb any
Councilmember while speaking or refuse to obey the orders of the Council or its
Presiding Officer, except as otherwise herein provided. No person shall be
permitted to interrupt a speaker who has the floor, except for a Councilmember to
raise a question of order.17
b. A Councilmember or other person properly before the Council shall address the
Presiding Officer, be recognized before proceeding, and confine remarks to the
question under discussion.18
c. If a Councilmember or other person, in speaking or otherwise, transgresses these
rules, the Presiding Officer or any Councilmember may raise a question of order.
The Presiding Officer shall then decide the question of order without debate. In
addition, the Presiding Officer may call for the sense of the Council on any question
of order.
d. Whenever any person is called to order while speaking, such person shall be in
possession of the floor after the question of order is decided, and may proceed
with the matter under the discussion within the ruling made on the question of
order.
e. No person, except authorized City officials and their representatives, may be
permitted beyond the podium in the Council Chambers without the express
consent of the Council.19
f. Any person who willfully engages in conduct which is designed to or is likely to
provoke others to violent or riotous behavior, disturbs the peace of the meeting by
loud and unreasonable noise, engages in other disruptive conduct which
substantially interferes with the orderly conduct of business before the Council,
and who fails, upon request of the Presiding Officer to cease such activity, shall be
forthwith barred from further attendance at such meeting unless permission to
and/or address the Council is granted by a majority vote of the Council. A person
violating this subsection shall be guilty of a misdemeanor.20 Graphic or potentially
offensive images, video, or discussion shall be preceded by a disclaimer, allowing
for sensitive or objecting individuals to exit for that portion of the presentation; see
also Rule 22.
g. The Chief of Police, or such member(s) of the Police Department as he or she may
designate, shall be sergeant-at-arms of the Council meetings, and shall be in
attendance when requested by the Presiding Officer. The sergeant-at-arms shall
17 Fresno Municipal Code § 2-314(a).
18 Fresno Municipal Code § 2-312
19 Fresno Municipal Code § 2-315
20 Fresno Municipal Code § 2-314(b)
Amended April 9, 2020
Page 13
carry out all orders and instructions given by the Presiding Officer for the purpose
of maintaining order and decorum at the Council meeting. Upon instructions of the
Presiding Officer, the sergeant-at-arms may place any person who engages in
conduct in violation of these Rules, under arrest, and cause him or her to be
prosecuted under the provisions of this Rule and the Fresno Municipal Code, the
complaint to be signed by the Presiding Officer.21
RULE NO. 13
DISCLOSURE OF CONFLICT OF INTEREST
a. The Political Reform Act prohibits any public official from making, participating in
making, or in any way attempting to use his or her official position to influence a
governmental decision in which the public official knows or has reason to know he
or she has a financial interest.22
b. A public official who holds an office specified in Government Code Section 87200,
and who has a disqualifying financial interest in a decision, shall identify the conflict
of interest or potential conflict of interest, and immediately prior to the consideration
of the matter, do all of the following:
1. Publicly identify the financial interest that gives rise to the conflict of interest
or potential conflict of interest in detail sufficient to be understood by the
public.
2. Recuse himself or herself from discussing and voting on the matter, or
otherwise acting in violation of Government Code Section 87100.
3. Leave the room until after the discussion, vote, and any other disposition of
the matter is concluded, unless the matter has been placed on the portion
of the agenda reserved for uncontested matters.23
c. Public officials who must comply with this Rule include, but are not limited to,
members of the Council, the Mayor, City Manager, City Attorney, City Controller,
City Clerk, and public officials who manage public investments.24
RULE NO. 14
MOTIONS
a. Only Councilmembers, or duly appointed members of boards sitting with the
Council, may make Motions. Motions and amendments may be verbal, but shall
be reduced to writing, if requested by the Presiding Officer. The City Clerk shall
record all motions and read them back when requested. Upon request, the City
Attorney shall assist in the formation of motions.
b. There are three motions that are most common and are usually subject to debate:
1. The main motion. This motion puts forward a substantive decision for
21 Fresno Municipal Code § 2-314(c)
22 Government Code § 87100
23 Government Code § 87105
24 Government Code § 87200
Amended April 9, 2020
Page 14
Council consideration. Only one main motion may be on the floor at one
time.
2. The motion to amend. This motion seeks to modify the main motion before
the Council. A motion to substitute a motion with another motion shall be
treated as a motion to amend. Only one motion to amend may be on the
floor at one time, unless the Presiding Officer allows Councilmembers to
state two or more motions to amend, which may be accumulated and then
voted upon in series in the order made. All motions to amend shall be
resolved prior to voting on the main motion.
3. The procedural motion. This motion is to address a rule of procedure,
postpone, or take some other action. Procedural motions take priority over
main motions and motions to amend. Only one procedural motion may be
on the floor at one time. A “point of order” may be raised at any time,
interrupting a speaker when recognized by the Presiding Officer, to make a
procedural motion.
c. Any motion that does not receive a second shall die, and then another motion may
be made.
d. The following common procedural motions shall be handled as follows:
1. Motion to adjourn. This motion, if passed, requires the Council to
immediately adjourn to its next regularly scheduled meeting. It is not subject
to debate and requires a majority vote. It is the highest priority motion.
2. Motion to recess. This motion, if passed, requires the Council to
immediately recess. The Presiding Officer determines the length of the
recess. It is not subject to debate and requires a majority vote.
3. Motion to fix the time to adjourn. This motion, if passed, requires the Council
to adjourn the meeting at a specific time set in the motion. It is not subject
to debate and requires a majority vote.
4. Motion to table. This motion, if passed, requires the discussion of the
agenda item to be halted and the agenda item placed on hold. The motion
can contain a specific time in which the item can come back to Council. If
the motion does not contain a specific time for the return of the item, a
motion to take the item off the table will have to be taken at a future meeting
to bring it back to the Council. A motion to table or to bring it back to the
Council requires a simple majority vote.
5. Motion to continue. This motion, if passed, requires the item to be
withdrawn from the Agenda at that time and postponed either indefinitely or
to a certain time and/or date, or to a time later in that meeting, as stated in
the motion. A motion to continue is debatable and requires a simple
majority vote.
6. “Friendly Amendment.” This is a “request,” rather than a formal motion. The
speaker asks whether the maker of the main motion would agree to amend
the motion, as suggested. If agreed, and if the member providing the
second also agrees, or another second is offered, then the main motion is
Amended April 9, 2020
Page 15
replaced with the amended motion. If an offer for a “friendly amendment” is
rejected, then a formal motion to amend may be made.
RULE NO. 15
RECONSIDERATION25
a. A motion to reconsider any action taken by the Council may be made only on the
day such action was taken. It may be made either immediately during the same
session, or at a recessed or adjourned session thereof. Such motion must be
made by one of the prevailing side, but may be seconded by any member, and
may be made at any time and have precedence over all other motions or while a
member has the floor; it shall be debatable. Nothing herein shall be construed to
prevent any member of the Council from making or remaking the same or any
other motion at a subsequent meeting of the Council so long as the ability to make
such motion meets the requirements of applicable laws.
b. Notwithstanding this rule, when the Mayor makes a written request for Council
reconsideration in accordance with Article 3 of Chapter 2 of the Fresno Municipal
Code and Charter Section 605(d), the Council shall reconsider such request.
RULE NO. 16
PUBLIC HEARINGS
a. Public hearings are matters that require a notice by publication or mail and are to
be heard on a set date and time.
b. Order of Proceedings. Generally, public hearings shall be conducted in the
following order:
Hearing Opened
Staff Report
Presentation by Proponent, Applicant or Appellant
Questions of Proponent, Applicant or Appellant by Council and/or Staff
Public Testimony
Hearing Closed
Discussion by Council
Action by Council
c. Notwithstanding the public comment period in Rule 10, a project or entitlement
applicant/appellant shall have such time necessary for a fair and reasonable oral
testimony or presentation in connection with the particular Noticed Public Hearing
item. In general, this time limit shall be set at 10 minutes.
d. No main motions may be made until a hearing is closed for public comment.
e. Testimony after Closure of Hearing. Once the hearing has been closed, no
additional public testimony will be taken without a majority vote of the Council to
reopen the hearing, even in cases where the item is continued to a future date for
Council consideration. However, after the hearing has been closed, the Council
may direct questions to the applicant, or any other person who has testified during
25 Fresno Municipal Code § 2-310(e)
Amended April 9, 2020
Page 16
the hearing, and receive their answers, which shall be deemed to be part of the
record of testimony at the hearing. In the event public testimony is reopened to
allow additional information or additional speakers, the Council shall permit a
reasonable time for rebuttal.
RULE NO. 17
QUASI-JUDICIAL HEARINGS AND INDIVIDUAL CONTACTS
a. Fair hearings are required in quasi-judicial matters. Quasi-judicial hearings shall
be conducted in accordance with the principles of due process, and the City
Attorney shall advise the Council in this regard.
b. Examples of quasi-judicial hearings include applications and revocations of
variances, site plans, and conditional use permits (“CUPs”); resolutions of
necessity of eminent domain actions; appeal of competitive bid awards, card room
permit appeals.
c. Except as set forth herein, no member of the Council shall discuss or listen to
discussion of the facts of any quasi-judicial matter while such matter is pending
before the Council or any agency, board or commission thereof except at such
time as that matter comes before the Council at a Noticed Public Hearing.
d. Councilmembers shall not discuss with any member of the public the facts of any
such matter while such is pending before the Council or any agency, board or
commission.
e. Matters involving permits are pending before a City agency, board of commission
when an application for a permit has been filed with the appropriate City
department.
RULE NO. 18
CONTINUANCES
In addition to a motion to continue as provided in Rule 14, prior to the approval of
the Agenda, any Councilmember may ask that an Agenda item be continued
indefinitely or to a future date and/or time certain. The matter shall then be
continued unless the Council, by majority vote, does not approve the request to
continue. Once a matter has been removed from the Agenda, it may not be placed
back on the Agenda or heard during that meeting, unless a Request for
Reconsideration is made prior to considering any other item or adjourning the
meeting.
RULE NO. 19
PRIORITY OF BUSINESS
a. The majority of the entire membership of the Council may, by motion, designate
any matter on the agenda to be a special order of business, which shall take
precedence over all other business. A special order of business action is limited
Amended April 9, 2020
Page 17
to matters properly noticed and placed on the agenda under the Brown Act.26 This
rule does not permit the hearing of a timed item prior to the time set on the agenda.
If Council wants to change the date of a scheduled hearing to a later date, Council
may do so without having to wait until the time set for hearing.
b. All questions relating to the priority of business to be acted upon by the Council
shall be decided without debate.
RULE NO. 20
COUNCILMEMBER REPORTS AND COMMENTS
a. Any Councilmember may, during the time for Councilmember reports and
comments, report on activities in representing the Council or the City, before other
governmental agencies and at public events, or direct brief questions to other
Councilmembers, the City Manager, the City Attorney, or the City Clerk. Each
Councilmember may also bring to the Council’s attention any item of new business
under this portion of the agenda. Each Councilmember shall limit his or her reports
and comments to a total of three minutes.
b. Action on any matter of business not listed on the agenda shall be deferred until
properly listed on the agenda for a subsequent Council meeting unless properly
added to the agenda due to a need for immediate action pursuant to state law.
RULE NO. 21
CLOSED SESSIONS
a. Closed sessions may be held at any regular or special meeting for any purpose
authorized under the Brown Act in accordance with the procedures in Rule 6.
Council actions shall be governed by the Brown Act. Public comments on any item
to be heard in closed session shall be received prior to, but not necessarily
immediately prior to, a closed session. No discussions in closed session shall take
place without a quorum present.
b. Pursuant to the Brown Act,27 the City Clerk may be required to attend a closed
session of the Council and keep and enter in a minute book a record of topics
discussed and decisions made at each meeting. The confidentiality of such
minutes shall be maintained pursuant to the Brown Act and attorney client
privilege.
c. Announcements of Action Taken. When required by state law, actions taken in
closed session shall be announced in open session promptly after the closed
session. A place may be listed on the agenda for such announcements. After
closed sessions, the Presiding Officer, City Clerk, and City Attorney, shall
reconvene in open session and make any such required announcements prior to
final adjournment of the meeting.
d. Persons Permitted in Closed Sessions. Persons permitted in closed session
meetings are limited to: Councilmembers; the City Manager and/or Assistant City
26 Government Code §§ 54950 et seq.
27 Government Code § 54957.2
Amended April 9, 2020
Page 18
Manager(s); the City Attorney and any other attorneys or legal consultants at the
invitation of the City Attorney; the City Clerk; and necessary City staff for the matter
being considered. No other persons may be present without the prior approval of
the Presiding Officer and the City Attorney.
e. Closed Session Materials. Complete written materials shall be timely provided for
all closed session matters, and if not, the matter shall be removed from the
Agenda. “Complete” means the materials contain all the information necessary for
Council to make a fully informed decision, including details and context of the
matter. Any decision on completeness will be resolved by the Council President in
consultation with the City Attorney. Confidential documents, including litigation
summaries, legal memoranda, and drafts of labor and real estate agreements or
term sheets, and all supporting and presentation materials (e.g., PowerPoint
presentations) shall be made available to Councilmembers, the City Manager, and
the City Attorney by noon on the third day (typically Monday) prior to the Council
meeting. The documents shall be treated as strictly confidential. All confidential
documents to be discussed in the closed session shall be clearly marked
“Confidential.” All confidential documents provided for the closed session shall
remain in the closed session meeting room at the conclusion of the closed session
for collection by the City Attorney’s Office, unless released by the City Attorney.
f. Withdrawing Closed Session Items. After publication of the Agenda, if Staff or the
City Attorney plans to withdraw any item from closed session discussion, that fact
shall be communicated to Councilmembers at the earliest opportunity and then
disclosed to the public prior to approval of the Agenda during the Council meeting.
RULE NO. 22
QUESTIONS OF ORDER AND APPEALS TO RULINGS OF CHAIR
a. A question of order may be raised at any stage of the proceedings, except during
a calling of the roll when the ayes and noes are called for. Such question shall be
decided by the Presiding Officer, without debate, subject to an appeal to the
Council.
b. A ruling of the Presiding Officer shall not be subject to debate. However, the ruling
may be appealed by any two Councilmembers, one Councilmember making the
appeal and another seconding it. The question is then taken from the Presiding
Officer and vested in the Council for final decision by majority vote of the entire
membership of the Council. A tie sustains the Presiding Officer.
RULE NO. 23
BOARDS, COMMISSIONS, AND COMMITTEES OF THE COUNCIL
a. Council may create a board, commission, committee of the Council, or other body
of the City by ordinance, resolution, or other formal action of the Council.
Legislative bodies created by Council are subject to the Brown Act, except for ad
hoc committees.28
b. Boards, commissions, committees and similar bodies not created by Charter, by
28 Government Code § 54952
Amended April 9, 2020
Page 19
ordinance or by resolution of the Council shall automatically terminate two years
from their creation, unless otherwise specified by the Council.29
c. Advisory committees composed solely of less than a quorum of the Council are
either standing committees or ad hoc committees. Standing committees are
subject to the Brown Act, whereas ad hoc committees are not.
1. A standing committee is a committee having continuing jurisdiction over a
particular subject matter, or having a meeting schedule fixed by Charter,
ordinance, resolution, or formal action of the Council. A committee with
continuing subject matter jurisdiction has authority to consider a specific
subject matter on an ongoing basis. Examples include committees that have
authority to hear and consider issues relating to budgets, audits, contracts,
and personnel matters that do not require renewal of its authority to hear and
consider such matters.30
2. An ad hoc committee is a committee that consists solely of less than a
quorum of the Council, that does not have a continuing subject matter
jurisdiction, or a meeting schedule fixed by formal action of the Council. Ad
hoc committees must have a limited term, and are charged with
accomplishing a specific task in a short period of time. Such committees are
dissolved when their specific task is completed, and are not perpetual.31
RULE NO. 24
MAYORAL COMMITTEE APPOINTMENTS
Action by the Council on requests by the Mayor for confirmation or approval of an
appointee or nominee to a public office or position shall be taken by minute
resolution confirming or not confirming the appointee or nominee.
RULE NO. 25
COUNCIL APPOINTMENTS OF COUNCILMEMBERS TO COMMITTEES
a. From time to time, Council appoints a Councilmember to serve on a board,
commission, committee, joint power authority, or other official body (hereinafter
“Committee.”) Such appointments shall be for a two year period, unless otherwise
stated in the implementing document that formed the Committee.32
b. No later than the first regular meeting in February of each year, Council shall
review all the appointments as provided in a list prepared by the City Clerk. The
annual review will be conducted to fill vacancies or an expired term of office, and
to consider removal of any appointee for cause, such as for failure to keep Council
informed of the Committee’s activities, or for excessive absenteeism without good
cause.
c. At the first regular meeting of each month, the appointed Councilmember shall
29 Fresno Municipal Code § 2-902
30 79 Ops. Cal. Atty. Gen. 69, 72-73 (1996)
31 79 Ops. Cal. Atty. Gen. 69, supra
32 Fresno Municipal Code § 2-802
Amended April 9, 2020
Page 20
report on the activities of the Committee, including any significant projects of the
Committee before it takes place, such as issuance of bonds, matters relating to
financing, and other matters that may commit the City to a particular course of
action.
d. The Council President shall have the authority to appoint a designee to attend
Committee meetings and participate as a voting member of the Committee in his
or her absence, as permitted by the implementing document that formed the
Committee.
e. The Councilmember next in line to serve as Council President is strongly
encouraged to start attending meetings of the Committee served by the Council
President, at least six months before the expiration of the Council President’s term
of office. This will give the incoming Council President an opportunity to learn
about the Committees, particularly those that deal with complex subjects, before
he or she takes office.
RULE NO. 26
NEWS MEDIA
a. Members of the news media covering the business of the Council may be assigned
to selected areas by the Presiding Officer.
b. Members of the news media shall be permitted to televise and sound-record the
proceedings of the Council under such rules and conditions as the Presiding
Officer may prescribe.
c. Selected areas assigned to the members of the news media in the Council
Chambers shall be exclusively for the use of the news media members.
Unauthorized individuals shall not use or occupy said assigned areas.
RULE NO. 27
ACCESS TO THE DAIS
a. No person shall be permitted on the dais during Council meetings except for the
following: Councilmembers, the City Clerk, the City Attorney, the City Manager and
Assistant City Manager(s), the Successor Agency Executive Director (during joint
meetings), duly authorized additional members of boards sitting in joint meetings
with the Council, and on a limited basis, those who are asked to assist the above
(Deputy City Attorneys, Council Assistants, etc.). Any other person desiring to sit
on the dais may do so only by permission of the Presiding Officer.
b. Members of the news media shall not be permitted access to the dais during
Council meetings.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00403 Agenda Date:4/9/2020 Agenda #:1-B
APPROVAL OF CITY COUNCIL MINUTES
April 9, 2020
Approval of Minutes for the following:
1.March 16, 2020 Notice of Special Emergency Open and Closed Session Meeting
2.March 18, 2020 Notice of Special Emergency Open and Closed Session Meeting
3.March 19, 2020 Notice of Special Emergency Open and Closed Session Meeting
4.March 19, 2020 City Council Regular Meeting
5.March 23, 2020 Notice of Special Emergency Open and Closed Session Meeting
6.March 25, 2020 Notice of Special Emergency Open and Closed Session Meeting
City of Fresno Printed on 12/12/2022Page 1 of 1
powered by Legistar™
Thursday, March 19, 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
Notice of Special Open and Closed Session Meeting
March 19, 2020City Council Meeting Minutes - Draft
City Council met in special session in the Council Chambers, City Hall on the date
and time written above.
9:06 A.M. ROLL CALL
Councilmember Esparza and Council Vice President Caprioglio attended
the meeting by phone.
President Miguel Angel Arias
Vice President Paul Caprioglio
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Nelson Esparza
Present:7 -
APPROVAL OF AGENDA
On motion of Councilmember Soria, seconded by Councilmember
Bredefeld, the above Action was approved. The motion carried by the
following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
ID
20-00404
Closed Session:
CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY -
Government Code Section
54957(a):
Matters posing a threat to the security of public buildings, the security of
essential public services, and to the public ’s right of access to public
services and public facilities, and related actions pertaining to the
Declaration by Governor Newsom of a State of Emergency to Help State
Prepare for Broader Spread of COVID-19 and related local concerns.
Upon call, there was no public comment.
City Council recessed into Closed Session at 9:08 A.M. and returned from
Closed Session at 9:29 A.M.
There was no announcements after Closed Session and the above item was
discussed.
City of Fresno ***Subject to Mayoral Veto Page 2
March 19, 2020City Council Meeting Minutes - Draft
ID
20-00407
Open Session:
Consider emergency amendments to FMC Article 5, Emergency Services
Ordinance (Requires 5 affirmative votes).
City Attorney Sloan read the adopted ordinance into the record.
Upon call, the following member of the public addressed Council: David
Taub with GV Wire.
BILL 10/ORDINANCE 2020-010 ADOPTED
On motion of Councilmember Soria, seconded by Councilmember
Chavez, that the above Action Item be adopted. The motion carried by
the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
ADJOURNMENT
City Council adjourned at 9:35 A.M.
City of Fresno ***Subject to Mayoral Veto Page 3
Thursday, March 19, 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
March 19, 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.
9:35 A.M. ROLL CALL
Councilmember Esparza and Council Vice President Caprioglio attended
the meeting by phone.
President Miguel Angel Arias
Vice President Paul Caprioglio
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Nelson Esparza
Present:7 -
Invocation by Pastor Brad Liebe from People’s Church (District 6)
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda: File ID
20-00278 (1-C) - RESOLUTION - 6th Amendment to FY 2020 Salary
Resolution No. 2019-135, amending Exhibit 2, Unit 2, Non-Represented
Management and Confidential Classes (Non-Represented) to add the
classification of Background Investigator and provide an associated salary
range, effective March 30, 2020; Exhibit 3, Unit 3, Non-Supervisory White
Collar (FCEA) to modify the job titles of Parking Controller I, Parking
Controller II and Parking Controller III to Parking Enforcement Officer I,
Parking Enforcement Officer II and Parking Enforcement Officer III, effective
March 30, 2020; and Exhibit 8, Unit 8, Non-Represented, to remove the
classification of Background Investigator, there were corrections made to
the staff report under the Background section: Assigned salary range to
Background Investigator in Exhibit 2 should read E16 not E15, Attachment -
Salary Tables Sixth Amendment to FY20 Salary Resolution No. 2019-135 -
Redline: Page 2.1 (remove Final – Page 2) and continue with “corrected
salary range assigned to Background Investigator to reflect the E16 range”
Add: Salary Tables Sixth Amendment to FY20 Salary Resolution No.
2019-135 – Final: Page 2.1; corrected salary range assigned to Background
Investigator to reflect E16 range, File ID 20-00371 (1-S) - Approve amended
City of Fresno ***Subject to Mayoral Veto Page 2
March 19, 2020City Council Meeting Minutes - Draft
Employment Agreement of City Attorney was removed from the agenda, File
ID 20-00377 (5-A) - Performance Evaluation title City Attorney was removed
from the agenda and File ID 20-00380 (5-B) - Performance Evaluation title
City Clerk was removed from the agenda.
Councilmember Bredefeld requested File ID 20-00364 (1-B) - Action
pertaining to the 555th amendment to the Master Fee Schedule be removed
from the agenda.
After some discussion, Council President Arias motioned to keep File ID
20-00364 (1-B) on the agenda for discussion. Councilmember Karbassi
seconded the motion. Motion PASSED 6-1, Councilmember Bredefeld votes
no.
File ID 20-00323 (10:15 A.M.) - Appearance by Mary Padilla to discuss
bringing peace back to the City of Fresno and everywhere else was
removed from the agenda at the speaker's request.
On motion of Vice President Caprioglio, seconded by Councilmember
Chavez, the above Actionwere adopted as amended. The motion
carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
CEREMONIAL PRESENTATIONS
There were no Ceremonial Presentations
COUNCILMEMBER REPORTS AND COMMENTS
Council Vice President Caprioglio and Councilmember Esparza reported
they are working from home until further notice.
Councilmember Bredefeld addressed the March 18, 2020 emergency
meeting regarding emergency order 2020-02 - shelter in place and the
impact it has on small businesses.
Councilmember Soria thanked the community, Administration, City
Attorney's Office, first responders and all city employees for their
participation during the difficult time. She also gave a shout out to all the
City of Fresno ***Subject to Mayoral Veto Page 3
March 19, 2020City Council Meeting Minutes - Draft
Grocery Stores, Schools and School Districts for their participation as well.
Councilmember Chavez spoke regarding President Trump and the Centers
for Disease Control's (CDC) data regarding the COVID-19 pandemic. He
also thanked everyone in the community and the first responders for doing
their part, staying home and practicing social distancing.
Council President Arias also spoke regarding the COVID-19 pandemic.
1. CONSENT CALENDAR
Councilmember Chavez left the meeting at 10:01 A.M.
On motion of Councilmember Bredefeld, seconded by President
Arias, the below CONSENT CALENDAR items were adopted. The
motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Bredefeld and Esparza6 -
Absent:Chavez1 -
1-A ID
20-00367
Approval of the March 5, 2020 City Council minutes
1-B ID
20-00364
Action pertaining to the 555th Amendment to the Master Fee Schedule:
1.Adopt a finding of statutory exemption pursuant to CEQA Guidelines
Section 15273(a) for amendments to the Fire Department ’s fees
for Fire Inspection and Prevention and related services.
2.***RESOLUTION - 555th Amendment to the Master Fee Schedule
No. 80-420, to add, adjust, revise, or delete various Fire
Department fees (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-C ID
20-00278
***RESOLUTION - 6th Amendment to FY 2020 Salary Resolution No.
2019-135, amending Exhibit 2, Unit 2, Non-Represented Management and
Confidential Classes (Non-Represented) to add the classification of
Background Investigator and provide an associated salary range, effective
March 30, 2020; Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA) to
modify the job titles of Parking Controller I, Parking Controller II and Parking
Controller III to Parking Enforcement Officer I, Parking Enforcement Officer
II and Parking Enforcement Officer III, effective March 30, 2020; and Exhibit
8, Unit 8, Non-Represented, to remove the classification of Background
City of Fresno ***Subject to Mayoral Veto Page 4
March 19, 2020City Council Meeting Minutes - Draft
Investigator (Subject to Mayor’s Veto)
RESOLUTION 2020-054 ADOPTED AS CORRECTED
1-D ID
20-00319
Actions pertaining to the 2017 Transformative Climate Communities (TCC)
Grant and Transform Fresno Plan project regarding the Annadale Mode
Shift Project:
1.Adopt a Class 3 Categorical Exemption under Section 15301(e) of
the State of California Environmental Quality Act (CEQA) Guidelines
2.Approve a Sub-Recipient Agreement with the Self Help Enterprises
for the Annadale Mode Shift Project totaling $343,000.
3.***RESOLUTION - 36th amendment to the Annual Appropriation
Resolution (AAR) No. 2019-133 appropriating $257,300 for the
TCC grant (Requires 5 affirmative votes) (Subject to Mayor’s Veto).
RESOLUTION 2020-055 ADOPTED
1-E ID
20-00344
RESOLUTION - Declaring property located on the southwest corner of
West Herndon and North Brawley Avenues (APN 507-03-048ST) to be
surplus and directing staff to comply with the Surplus Land Act
The above item was pulled from Consent Calendar by Councilmember Soria
and moved to Contested Consent for further discussion.
1-F ID
20-00392
RESOLUTION - Revising the City’s Ticket Distribution and Disclosure
Policy of Complimentary Tickets and Passes pursuant to Fair Political
Practices Commission Regulation 18944.1
The above item was pulled from Consent Calendar by Councilmember
Bredefeld and moved to Contested Consent for further discussion.
1-G ID
20-00329
Award a requirements contract for retreading of commercial truck tires to
Delray Tire and Retreading of Fresno, California, in the amount of
$243,915.53 (Bid File 9532)
1-H ID
20-00331
Reject all bids for a Bus Rapid Transit shelter purchase contract and direct
staff to rebid (Bid File 3723)
1-I ID
20-00333
Approve the award of a purchase contract to Swanson Fahrney Ford of
Selma, California, for the purchase of five hybrid police patrol sport utility
vehicles in the amount of $201,584.49 (Bid File 3713)
1-J ID
20-00334
Approve the award of a cooperative purchase contract to Stommel Inc.,
dba Lehr Automotive, a Sacramento California-based company, for the
purchase of 30 sets of police vehicle hardware in the amount of
$505,792.29
City of Fresno ***Subject to Mayoral Veto Page 5
March 19, 2020City Council Meeting Minutes - Draft
The above item was pulled from Consent Calendar by Councilmember
Karbassi and moved to Contested Consent for further discussion.
1-K ID
20-00335
RESOLUTION - Authorizing the periodic filing of applications for,
acceptance of, and execution of all documents and instruments in relation
to the Volkswagen Environmental Mitigation Trust Fund (VW Trust)
administered by the California Air Resources Board (CARB)
RESOLUTION 2020-058 ADOPTED
1-L ID
20-00337 Actions pertaining to Sewer Access Structure Rehabilitation on North and
Church Avenues (Bid File 3703) (Council District 3):
1.Adopt a finding of Categorical Exemption pursuant to Class 1, Sections
15301(b)&(d) (Existing Facilities) and Class 2, Section 15302(c)
(Replacement or Reconstruction) of the California Environmental
Quality Act
2.Award a construction contract in the amount of $139,550 to Sancon
Technologies, Inc., of Huntington Beach, California
1-M ID
20-00338 ***RESOLUTION - To authorize submittal of application for payment
programs to CalRecycle and related authorizations (Citywide) (Subject to
Mayor’s Veto)
RESOLUTION 2020-059 ADOPTED
1-N ID
20-00347 Actions pertaining to Sewer Rehabilitation in the Vicinity of South Martin
Luther King Jr. Boulevard and East Jensen Avenue (Bid File 3677)
(Council District 3):
1.Adopt a finding of Categorical Exemption pursuant to Class 1,
Sections 15301(b)&(d) (Existing Facilities) and Class 2, Section
15302(c) (Replacement or Reconstruction) of the California
Environmental Quality Act
2.Award a construction contract in the amount of $979,125 to Emmett’s
Excavation, Inc., of Clovis California
1-O ID
20-00350
Actions pertaining to the City of Fresno ’s water meters, parts and software
technology (Citywide):
1.***RESOLUTION - Approve an exception to formal bidding
procedures to award a Sole Source /Single Source agreement to
Badger Meter Incorporated for Water Meters, parts and software
technology. (Subject to Mayor’s Veto)
2.Award a three-year requirements contract to Badger Meter
Incorporated in the amount of $1,200,000 per year, for three years
City of Fresno ***Subject to Mayoral Veto Page 6
March 19, 2020City Council Meeting Minutes - Draft
and up to two one-year extensions
RESOLUTION 2020-060 ADOPTED
1-P ID
20-00227
Approve the appointment of Diana Rice to the Capital Oversight Board
1-Q ID
20-00343
RESOLUTION - Of Intention to Annex the Territory Known as Assessor’s
Parcel Number 504-092-06S as Annexation No. 44 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, April 23, 2020, at 10:00
am (corner lot fronting West Herndon and Farrington Avenues) (Council
District 2)
RESOLUTION 2020-061 ADOPTED
1-R ID
20-00349
Reject bid for the Granny’s Park Modular Building Replacement project -
Bid File No. 3666
1-S ID
20-00371
Approve Amended Employment Agreement of City Attorney
The above item was removed from the agenda.
1-T ID
20-00387
***RESOLUTION - 9th Amendment to the Position Authorization Resolution
(PAR) No. 2019-134 adding a total of four (4) positions to the Code
Enforcement Division of the City Attorney ’s Office: two (2) Laborer
positions and two (2) Light Equipment Operators, effective March 1, 2020
(Subject to Mayor’s veto)
RESOLUTION 2020-062 ADOPTED
1-U ID
20-00391
Approve the appointment of David (DJ) Criner to the Planning Commission
1-V ID
20-00339 Actions pertaining to FATforward, Fresno Yosemite International Airport ’s
expansion program (Council District 4):
1.Adopt the FATforward Initial Study and Mitigated Negative
Declaration dated January 27, 2020, pursuant to the California
Environmental Quality Act
2.Approve Phase One of a Progressive Design -Build Contract with
Q&D Construction to provide design services related to the terminal
expansion at Fresno Yosemite International Airport in an amount not
to exceed $8,450,000
3.***RESOLUTION - 39th Amendment to the Annual Appropriations
Resolution (AAR) No. 2019-133 appropriating $8,850,000 to
City of Fresno ***Subject to Mayoral Veto Page 7
March 19, 2020City Council Meeting Minutes - Draft
Fresno Yosemite International Airport for the Phase One
Design-Build terminal expansion contract and related work
(Requires 5 affirmative votes) (Subject to Mayor’s veto)
RESOLUTION 2020-063 ADOPTED
CONTESTED CONSENT CALENDAR
1-B ID
20-00364
Action pertaining to the 555th Amendment to the Master Fee Schedule:
1.Adopt a finding of statutory exemption pursuant to CEQA Guidelines
Section 15273(a) for amendments to the Fire Department ’s fees
for Fire Inspection and Prevention and related services.
2.***RESOLUTION - 555th Amendment to the Master Fee Schedule
No. 80-420, to add, adjust, revise, or delete various Fire
Department fees (subject to Mayor’s veto).
Councilmember Chavez returned to the meeting at 10:02 A.M.
Councilmember Bredefeld motioned to approve the item as presented by
staff with the following conditions: to increase the fire fees, that the revenue
remain in the Fire Department's budget, direct the Administration to apply
for Federal funds including the Staffing for Adequate Fire & Emergency
Response (SAFER) Grant, to bring it back to the Council if the grant was
received and that the firework fee will remain at the current level. Council
President Arias seconded the motion.
Discussion was held between Councilmembers and Chief Donis regarding
the amount of the fees raised, if the fees should go into the Fire Department
or remain in the General Fund and to keep the fireworks fees at it's current
level in the Master Fee Schedule.
Councilmember Esparza asked what percentage of the fees would be lost if
the firework fee remains at the current level. Chief Donis responded.
Council Vice President Caprioglio stated he does not support the motion.
Upon call, the following member of the public addressed Council: One
Hawk Hirajeta.
RESOLUTION 2020-053 ADOPTED AS AMENDED
City of Fresno ***Subject to Mayoral Veto Page 8
March 19, 2020City Council Meeting Minutes - Draft
On motion of Councilmember Bredefeld, seconded by President
Arias, that the above Discussion Item be adopted as amended. The
motion carried by the following vote:
Aye:Arias, Soria, Karbassi, Chavez, Bredefeld and Esparza6 -
No:Caprioglio1 -
1-E ID
20-00344
RESOLUTION - Declaring property located on the southwest corner of
West Herndon and North Brawley Avenues (APN 507-03-048ST) to be
surplus and directing staff to comply with the Surplus Land Act
Councilmember Soria directed staff to include more description of the
surplus land in the staff report such as the size and history of the property,
how and why it was obtained and why the property is no longer needed.
Deputy City Manager Dodds, City Manager's Office and Director Mozier,
Public Works Department responded.
Councilmember Soria requested the item be continued to the next meeting.
Councilmember Karbassi disagreed and suggested that the item be heard
and voted on today.
Discussion was held between Councilmembers and Deputy City Manager
Dodds, City Managers Office.
Upon call, there was no public comment.
RESOLUTION 2020-056 ADOPTED
On motion of Councilmember Karbassi, seconded by Councilmember
Bredefeld, that the above Action Item be adopted. The motion carried
by the following vote:
Aye:Arias, Caprioglio, Karbassi, Chavez and Bredefeld5 -
No:Soria and Esparza2 -
1-J ID
20-00334
Approve the award of a cooperative purchase contract to Stommel Inc.,
dba Lehr Automotive, a Sacramento California-based company, for the
purchase of 30 sets of police vehicle hardware in the amount of
$505,792.29
Discussion was held between Councilmembers and Director Barfield,
Transportion Department. Upon call, there was no public comment.
City of Fresno ***Subject to Mayoral Veto Page 9
March 19, 2020City Council Meeting Minutes - Draft
APPROVED
On motion of Councilmember Karbassi, seconded by Councilmember
Chavez, that the above Action Item be approved. The motion carried
by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
1-F ID
20-00392
RESOLUTION - Revising the City’s Ticket Distribution and Disclosure
Policy of Complimentary Tickets and Passes pursuant to Fair Political
Practices Commission Regulation 18944.1
There was no introduction to Council, no Council discussion and no public
comment.
RESOLUTION 2020-057 ADOPTED
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Action Item be adopted. The
motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID
20-00340
HEARING to consider the vacation of a portion of East Palo Alto Avenue,
west of North Fresno Street (Council District 6)
1.***RESOLUTION - Ordering the vacation of a portion of East Palo Alto
Avenue, west of North Fresno Street (Subject to Mayor’s Veto)
The item was called to order at 10:34 A.M. There was no introduction to
Council, no Council discussion and no public comment.
RESOLUTION 2020-064 ADOPTED
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Action Item be adopted. The
motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
City of Fresno ***Subject to Mayoral Veto Page 10
March 19, 2020City Council Meeting Minutes - Draft
10:10 A.M.
ID
20-00341
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)
1.***RESOLUTION - To Annex Territory to Community
Facilities District No. 9 and Authorizing the Levy of a
Special Tax for Annexation No. 43 (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. 43 (Subject to
Mayor’s Veto)
The item was called to order at 10:35 A.M. There was no introduction to
Council, no Council discussion and no public comment.
RESOLUTION 2020-065 ADOPTED
RESOLUTION 2020-066 ADOPTED
RESOLUTION 2020-067 ADOPTED
BILL 11/ORDINANCE 2020-011 ADOPTED
On motion of Councilmember Bredefeld, seconded by
Councilmember Soria, that the above Action Item be adopted. The
motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
10:15 A.M. SCHEDULED COMMUNICATION
ID
20-00323
Appearance by Mary Padilla to discuss bringing peace back to the City of
Fresno and everywhere else. (Speaker resides in District 2)
The above item was removed from the agenda at the speaker's request.
3. GENERAL ADMINISTRATION
City of Fresno ***Subject to Mayoral Veto Page 11
March 19, 2020City Council Meeting Minutes - Draft
3-A ID
20-00388
***RESOLUTION - Staying implementation of City employee security
protocols due to Coronavirus (COVID-19) (Subject to Mayor’s veto)
There was no introduction to Council, no Council discussion. Upon call, the
following member of the public addressed Council: Sam Frank,
representative of FCEA.
RESOLUTION 2020-068 ADOPTED
On motion of Councilmember Esparza, seconded by Councilmember
Chavez, that the above Action Item be adopted. The motion carried by
the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
4. CITY COUNCIL
There was no City Council items.
5. CLOSED SESSION
5-A ID
20-00377 1.Government Code Section 54957(b): Consider the appointment,
employment, evaluation of performance, discipline, or dismissal of a
public employee.
Title: City Attorney
2.Government Code Section 54957.6: Conference with Labor
Negotiator.
City Negotiator: Council President Miguel Arias
Unrepresented Employee: City Attorney
The above item was removed from the agenda.
5-B ID
20-00380 1.Government Code Section 54957(b): consider the appointment,
employment, evaluation of performance, discipline, or dismissal of a
public employee.
Title: City Clerk
2.Government Code Section 54957.6: conference with labor
negotiator.
City Negotiator: Council President Miguel Arias
Unrepresented Employee: City Clerk
City of Fresno ***Subject to Mayoral Veto Page 12
March 19, 2020City Council Meeting Minutes - Draft
The above item was removed from the agenda.
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Upon call, the following member of the public addressed Council: John
MCubbin.
ADJOURNMENT
City Council adjourned at 10:43 A.M.
City of Fresno ***Subject to Mayoral Veto Page 13
Monday, March 23, 2020
1:00 PM
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
Notice of Special Emergency Open and Closed Session Meeting
March 23, 2020City Council Meeting Minutes - Draft
City Council met in special session in the Council Chamber, City Hall on the date and
time written above.
1:04 P.M. ROLL CALL
Councilmember Chavez, Councilmember Esparza and Council Vice
President Caprioglio attended the meeting by phone.
President Miguel Angel Arias
Vice President Paul Caprioglio
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Nelson Esparza
Present:7 -
APPROVAL OF AGENDA
Council President Arias announced File ID 20-00424 - Open Session:
Approve an amendment to the Annual Appropriation Resolution conerning
emergency relief funding was removed from the agenda.
On motion of Councilmember Soria, seconded by Councilmember
Karbassi, the above Action were approved as amended. The motion
carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
ID
20-00423
Closed Session:
1.CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY -
Government Code Section 54957(a):
Matters posing a threat to the security of public buildings, the
security of essential public services, and to the public ’s right of
access to public services and public facilities, and related actions
pertaining to the Declaration by Governor Newsom of a State of
Emergency to Help State Prepare for Broader Spread of
COVID-19, and related local concerns.
Upon call, the following member of the public addressed Council: Dez
Martinez.
City Council recessed into Closed Session at 1:10 P.M. and returned from
Closed Session at 2:29 P.M.
City of Fresno ***Subject to Mayoral Veto Page 2
March 23, 2020City Council Meeting Minutes - Draft
There was no announcements after Closed Session and the above item was
discussed.
ID
20-00424
Open Session:
2.Approve an amendment to the Annual Appropriation
Resolution concerning emergency relief funding (requires 5
affirmative votes)(subject to veto).
The above item was removed from the agenda.
ADJOURNMENT
City Council adjourned at 2:29 P.M.
City of Fresno ***Subject to Mayoral Veto Page 3
Wednesday, March 25, 2020
1:00 PM
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
Notice of Special Emergency Open and Closed Session Meeting
March 25, 2020City Council Meeting Minutes - Draft
City Council met in special emergency session in the Council Chamber, City Hall on
the date and time written above.
1:01 P.M. ROLL CALL
Councilmember Chavez and Councilmember Esparza were absent during
roll call and joined the meeting during Closed Session at 1:05 P.M.
President Miguel Angel Arias
Vice President Paul Caprioglio
Councilmember Esmeralda Z. Soria
Councilmember Mike Karbassi
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Nelson Esparza
Present:7 -
APPROVE AGENDA
Upon call, there was no public comment.
On motion of Councilmember Soria, seconded by Councilmember
Karbassi, the above Action was approved. The motion carried by the
following vote:
Aye:Arias, Caprioglio, Soria, Karbassi and Bredefeld5 -
Absent:Chavez and Esparza2 -
Closed Session:
ID
20-00446
CONFERENCE WITH LEGAL COUNSEL - PUBLIC SECURITY -
Government Code Section 54957(a):
Matters posing a threat to the security of public buildings, the security of
essential public services, and to the public's right of access to public
services and public facilities, and related actions pertaining to the
Declaration by Governor Newsom of a State of Emergency to Help
State Prepare for Broader Spread of COVI D-19, and related local
concerns.
City Council recessed into Closed Session at 1:03 P.M. and returned from
Closed Session at 3:27 P.M.
There was no announcements after Closed Session and the above item was
discussed. Upon call, there was no public comment.
Open Session:
City of Fresno ***Subject to Mayoral Veto Page 2
March 25, 2020City Council Meeting Minutes - Draft
ID
20-00447
Consider emergency amendments to FMC Article 5, Emergency
Services Ordinance (requires 5 affirmative votes).
City Attorney Sloan read the following changes into the record:
Paragraph (b): Non-essential City services may be suspended; responding
to requests under the California Public Records Act may be delayed during
and following the emergency.
Paragraph (g):
(1): To the extent allowed by State law, no residential tenant in the City
shall be evicted for nonpayment of rent during the state of emergency
caused by the COVID-19 outbreak.
(2): To the extent allowed by State law, commercial landlords in the City are
hereby prohibited from evicting commercial tenants for nonpayment of rent
during the state of emergency caused by COVID-19.
(3): A tenant, whether residential or commercial, must notify their landlord
they cannot pay rent due to a COVID-19 related impact. Within ten days of
this notice, the tenant must provide documentation or other objective
information that they cannot pay rent. Tenants will have up to six months
after the termination of the emergency declaration to repay any back-due
rent. No interest, late fees, or other penalties shall accrue or be owed as a
result of rent deferrals pursuant to this Section.
(4): This eviction moratorium shall be in effect for 30 days from March 19,
2020, was added.
(5): The city will follow all laws and orders of the State with respect to
foreclosure protection, was added at the end of the paragraph.
Paragraph (i): At a minimum, any fines collected as a result of price
gouging, non-essential businesses remaining open, or other matters related
to the COVID-19 pandemic shall be allocated to the COVID-19 Emergency
Response Fund, was added to the end of the paragraph.
City of Fresno ***Subject to Mayoral Veto Page 3
March 25, 2020City Council Meeting Minutes - Draft
Added Paragraph (k): Bars and taverns as defined in City of Fresno
Emergency Order 2020-01 (establishments with California Alcoholic
Beverage Control (ABC) license types 40, 42, 48, 51 , 57, 60 and 61) may
provide curbside or delivery of alcoholic beverages so long as accompanied
by food, if permitted by their CUP and State law, including, without
limitation any ABC Notice of Regulatory Relief.
Added Paragraph (l): Any business ordered to close that remains open in
violation of an Emergency Order of the City, shall alternatively be
punishable by administrative citation. The city shall provide a warning and
thereafter noncompliance shall be subject to a fine of $1,000 for the first
offense, $5,000 for the second offense, and $10,000 for the third or
subsequent offense.
Upon call, there was no public comment.
BILL 12/ORDINANCE 2020-012 ADOPTED AS AMENDED
On motion of Councilmember Soria, seconded by Councilmember
Karbassi, that the above Action Item be adopted as amended. The
motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
ID
20-00448
Consider actions and/or give direction to staff concerning programs to
provide relief assistance to small businesses affected by the COVID-19
epidemic.
Upon call, there was no public comment.
The above item was introduced to Council by Councilmember Karbassi,
District 2 and Councilmember Soria, District 1.
City Attorney Sloan announced the following modifications to the
Resolution:
1. That the loans for the small businesses impacted by COVID-19
Emergency will be only for the businesses that are being directed to be
closed or were impacted as a result of the closure of orders.
City of Fresno ***Subject to Mayoral Veto Page 4
March 25, 2020City Council Meeting Minutes - Draft
2. The loan shall be structured as a 0% interest loan, forgivable after one
year of continuous operation by the business. The owner of the business
shall sign a personal guarantee.
RESOLUTION 2020-069 ADOPTED AS AMENDED
On motion of Councilmember Karbassi, seconded by
Councilmember Soria, that the above Action Item be adopted as
amended. The motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
ID
20-00449
Approve an amendment to the Annual Appropriation Resolution
concerning emergency relief funding for small businesses (requires 5
affirmative votes)(subject to veto).
Upon call, there was no public comment.
Councilmember Soria motioned to approve and appropriate $500,000 from
the Senior Center and $250,000 from the City Attorney’s budget to be
redirected to be used for the small business loan program with the following
conditions: that any remaining funds in the City Attorney’s office budget at
the end of the fiscal year be rolled over to the next fiscal year. Also any
donations made from the private sector for this program would also be
appropriated for this purpose. Councilmember Karbassi seconded the
motion.
RESOLUTION 2020-070 ADOPTED AS AMENDED
On motion of Councilmember Soria, seconded by Councilmember
Karbassi, that the above Action Item be adopted as amended. The
motion carried by the following vote:
Aye:Arias, Caprioglio, Soria, Karbassi, Chavez, Bredefeld and
Esparza
7 -
ADJOURNMENT
City Council adjuorned at 3:40 P.M.
City of Fresno ***Subject to Mayoral Veto Page 5
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00421 Agenda Date:4/9/2020 Agenda #:
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:YVONNE SPENCE, City Clerk
City Clerk’s Office
BY:BRIANA PARRA, Assistant City Clerk
City Clerk’s Office
SUBJECT
***RESOLUTION - Declaring the results of the Consolidated Direct Primary Election held on March 3,
2020. (Subject to Mayor’s veto)
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution declaring the results of the
March 3, 2020 Primary Election.
EXECUTIVE SUMMARY
On April 3, 2020, the City Clerk’s Office received from the Fresno County Clerk a certified abstract of
the canvass of the results of the Primary Election held on March 3, 2020. Under the Elections Code
15400, the City Council must now declare the results of the election. An appropriate resolution has
been prepared and is being presented for adoption.
BACKGROUND
The results of the Primary Election held on March 3, 2020, illustrates that, Mike Karbassi (District 2),
and Garry Bredefeld (District 6) received over 50 percent of the votes within the City of Fresno. Mike
Karbassi and Garry Bredefeld will continue serving their term as City Councilmembers of the City of
Fresno upon administration of the oaths of office currently scheduled in January of 2021.
Tyler Maxwell (District 4) received 52.39 percent and Jerry Dyer (Mayor) received 51.68 percent and
will begin serving their term upon administration of the oath of office currently scheduled for January
7, 2021.
ENVIRONMENTAL FINDINGS
City of Fresno Printed on 7/15/2022Page 1 of 2
powered by Legistar™
File #:ID 20-00421 Agenda Date:4/9/2020 Agenda #:
By the definition provided in the California Environment Quality Act (CEQA) Guidelines, this item is
not a “project” for the purpose of CEQA.
LOCAL PREFERENCE
Local Preference was not implemented because this action does not include a bid or an award of a
City construction contract.
FISCAL IMPACT
Election costs are funded through the General Fund and have already been budgeted in the Fiscal
Year 2020 Budget.
Attachments:
Resolution
Election Summary Report
Statement of Vote Cast
Certificate of Canvass
City of Fresno Printed on 7/15/2022Page 2 of 2
powered by Legistar™
Candidate Party Total
JERRY DYER 50,914 51.56%
ANDREW JANZ 39,430 39.93%
FLOYD D. HARRIS JR. 2,262 2.29%
BILL GATES 2,262 2.29%
RICHARD B. RENTERIA 2,076 2.10%
NICKOLAS WILDSTAR 1,284 1.30%
BRIAN E. JEFFERSON 510 0.52%
Write-in 0 0.00%
Total Votes 98,738
Total
Times Cast 101,007 / 250,728 40.29%
Undervotes 2,203
Overvotes 66
Precincts Reported: 148 of 148 (100.00%)
Fresno Mayor (Vote for 1)
Candidate Party Total
MIKE KARBASSI 15,135 100.00%
Write-in 0 0.00%
Total Votes 15,135
Total
Times Cast 22,304 / 45,096 49.46%
Undervotes 7,169
Overvotes 0
Precincts Reported: 21 of 21 (100.00%)
Fresno City Council No 2 (Vote for 1)
Precincts Reported: 148 of 148 (100.00%)
Voters Cast: 101,007 of 250,728 (40.29%)
COUNTY OF FRESNO
CONSOLIDATED PRESIDENTIAL PRIMARY ELECTION
MARCH 3, 2020
OFFICIAL FINAL RESULTS - CITY OF FRESNO
4/2/2020 3:18:38 PMPage: 1 of 2
Candidate Party Total
TYLER MAXWELL 5,950 52.26%
NATHAN ALONZO 5,435 47.74%
Write-in 0 0.00%
Total Votes 11,385
Total
Times Cast 13,021 / 34,672 37.55%
Undervotes 1,627
Overvotes 9
Precincts Reported: 23 of 23 (100.00%)
Fresno City Council No 4 (Vote for 1)
Candidate Party Total
GARRY BREDEFELD 16,472 100.00%
Write-in 0 0.00%
Total Votes 16,472
Total
Times Cast 24,513 / 45,650 53.70%
Undervotes 8,041
Overvotes 0
Precincts Reported: 17 of 17 (100.00%)
Fresno City Council No 6 (Vote for 1)
4/2/2020 3:18:38 PMPage: 2 of 2
Precinct % Turnout
Countywide
Electionwide
0000001
Polling 7.28%
Vote by Mail 20.10%
Total 27.38%
0000002
Polling 4.61%
Vote by Mail 19.05%
Total 23.66%
0000003
Polling 5.81%
Vote by Mail 23.51%
Total 29.32%
0000004
Polling 5.34%
Vote by Mail 24.37%
Total 29.72%
0000005
Polling 3.85%
Vote by Mail 21.65%
Total 25.50%
0000006
Polling 4.59%
Vote by Mail 21.29%
Total 25.88%
0000007
Polling 3.24%
Vote by Mail 22.14%
Total 25.38%
0000008
Polling N/A
Vote by Mail N/A
Total N/A
0000009
Polling 0.00%
Page: 1 of 6 4/2/2020 3:19:33 PM
COUNTY OF FRESNO
Registered
Voters Voters Cast
2,299 544
1,378 80
2,299 106
2,299 438
1,552 113
1,552 312
1,552 425
2,129 82
2,129 461
1,871 100
1,871 456
1,871 556
1,378 324
1,378 404
1,328 43
1,328 294
1,328 337
1,329 283
1,329 344
2,129 543
1,329 61
0 15
1 0
0 15
0 0
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 0.00%
Total 0.00%
0000010
Polling 16.93%
Vote by Mail 40.32%
Total 57.25%
0000011
Polling 14.12%
Vote by Mail 47.13%
Total 61.25%
0000012
Polling 6.20%
Vote by Mail 25.87%
Total 32.07%
0000013
Polling 4.61%
Vote by Mail 22.48%
Total 27.09%
0000014
Polling 6.76%
Vote by Mail 27.05%
Total 33.82%
0000015
Polling 5.81%
Vote by Mail 27.28%
Total 33.09%
0000016
Polling 9.17%
Vote by Mail 42.71%
Total 51.88%
0000017
Polling 5.83%
Vote by Mail 29.34%
Total 35.16%
0000018
Polling 3.25%
Vote by Mail 24.03%
Total 27.28%
1 0
1 0
1,551 950
2,192 136
1,551 219
1,551 731
2,475 419
2,475 998
2,475 1,417
1,375 93
1,375 372
1,975 91
1,975 444
1,975 535
2,192 567
2,192 703
2,180 200
2,180 931
2,180 1,131
2,236 610
2,236 740
1,375 465
2,236 130
1,723 414
1,723 470
1,459 513
1,723 56
1,459 85
1,459 428
Page: 1 of 6 4/2/2020 3:19:33 PM
0000019
Polling 6.47%
Vote by Mail 26.25%
Total 32.72%
0000020
Polling 6.45%
Vote by Mail 39.27%
Total 45.72%
0000021
Polling 6.27%
Vote by Mail 31.27%
Total 37.55%
0000022
Polling 7.50%
Vote by Mail 27.00%
Total 34.50%
0000023
Polling 6.21%
Vote by Mail 17.63%
Total 23.84%
0000024
Polling 5.65%
Vote by Mail 32.38%
Total 38.02%
0000025
Polling 5.25%
Vote by Mail 23.78%
Total 29.03%
0000026
Polling 5.75%
Vote by Mail 29.75%
Total 35.50%
0000027
Polling 3.04%
Vote by Mail 23.59%
Total 26.63%
0000028
Polling 4.69%
1,986 908
2,120 133
1,986 128
1,986 780
1,962 127
1,962 515
1,962 642
2,127 132
2,127 375
1,226 92
1,226 331
1,226 423
2,120 663
2,120 796
2,191 115
2,191 521
2,191 636
2,267 734
2,267 862
2,127 507
2,267 128
2,467 582
2,467 657
2,138 759
2,467 75
2,138 123
2,138 636
1,921 90
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 18.53%
Total 23.22%
0000029
Polling 3.88%
Vote by Mail 17.54%
Total 21.42%
0000030
Polling 3.77%
Vote by Mail 16.90%
Total 20.66%
0000031
Polling 4.32%
Vote by Mail 20.32%
Total 24.64%
0000032
Polling 3.33%
Vote by Mail 17.26%
Total 20.59%
0000033
Polling 3.82%
Vote by Mail 16.47%
Total 20.28%
0000034
Polling 4.19%
Vote by Mail 18.88%
Total 23.07%
0000035
Polling 3.98%
Vote by Mail 22.45%
Total 26.44%
0000036
Polling 4.73%
Vote by Mail 21.42%
Total 26.15%
0000037
Polling 4.93%
Vote by Mail 24.87%
Total 29.80%
2,138 458
2,231 84
2,138 83
2,138 375
1,921 356
1,921 446
2,074 69
2,074 358
2,131 92
2,131 433
2,131 525
2,231 377
2,231 461
1,695 71
1,695 320
1,695 391
1,913 315
1,913 388
2,074 427
1,913 73
2,134 457
2,134 558
1,933 511
2,134 101
1,933 77
1,933 434
1,339 66
1,339 333
1,339 399
Page: 1 of 6 4/2/2020 3:19:33 PM
0000038
Polling 40.00%
Vote by Mail 20.00%
Total 60.00%
0000039
Polling 4.01%
Vote by Mail 53.28%
Total 57.30%
0000040
Polling N/A
Vote by Mail N/A
Total N/A
0000041
Polling N/A
Vote by Mail N/A
Total N/A
0000042
Polling 6.52%
Vote by Mail 23.68%
Total 30.20%
0000043
Polling 6.20%
Vote by Mail 32.43%
Total 38.63%
0000044
Polling 5.06%
Vote by Mail 28.04%
Total 33.11%
0000045
Polling N/A
Vote by Mail N/A
Total N/A
0000046
Polling 3.35%
Vote by Mail 20.73%
Total 24.09%
0000047
Polling 33.33%
5 3
274 11
5 2
5 1
0 0
0 0
0 0
0 0
0 0
274 146
274 157
2,032 126
2,032 659
2,032 785
1,626 385
1,626 491
0 0
1,626 106
0 0
0 6
1,619 536
0 6
1,619 82
1,619 454
6 2
328 11
328 68
328 79
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 33.33%
Total 66.67%
0000048
Polling 6.06%
Vote by Mail 33.76%
Total 39.81%
0000049
Polling 4.54%
Vote by Mail 28.25%
Total 32.79%
0000050
Polling 4.76%
Vote by Mail 29.68%
Total 34.44%
0000051
Polling 4.52%
Vote by Mail 28.38%
Total 32.90%
0000052
Polling 5.68%
Vote by Mail 28.62%
Total 34.31%
0000053
Polling 4.57%
Vote by Mail 26.85%
Total 31.42%
0000054
Polling 5.65%
Vote by Mail 28.29%
Total 33.94%
0000055
Polling 7.60%
Vote by Mail 28.98%
Total 36.57%
0000056
Polling 4.76%
Vote by Mail 31.28%
Total 36.04%
6 4
1,816 110
6 2
2,079 99
2,079 617
2,071 94
2,071 585
2,071 679
1,816 613
1,816 723
1,988 113
1,988 569
1,988 682
1,702 483
1,702 560
2,079 716
1,702 77
1,594 451
1,594 541
2,078 653
1,594 90
2,078 95
2,078 558
2,561 923
2,561 122
2,561 801
1,698 129
1,698 492
1,698 621
Page: 1 of 6 4/2/2020 3:19:33 PM
0000057
Polling N/A
Vote by Mail N/A
Total N/A
0000058
Polling 4.23%
Vote by Mail 25.42%
Total 29.65%
0000059
Polling 4.44%
Vote by Mail 22.26%
Total 26.70%
0000060
Polling 3.18%
Vote by Mail 24.67%
Total 27.85%
0000061
Polling 5.53%
Vote by Mail 21.88%
Total 27.40%
0000062
Polling 5.64%
Vote by Mail 28.23%
Total 33.87%
0000063
Polling 5.75%
Vote by Mail 22.56%
Total 28.31%
0000064
Polling 4.52%
Vote by Mail 19.96%
Total 24.48%
0000065
Polling 6.91%
Vote by Mail 32.07%
Total 38.98%
0000066
Polling 4.64%
0 2
1,914 85
1,914 426
2,270 96
2,270 577
2,270 673
0 0
0 2
416 23
416 91
416 114
377 93
377 105
1,914 511
377 12
922 208
922 261
2,235 757
922 53
2,235 126
2,235 631
1,316 513
992 46
1,316 91
1,316 422
1,989 90
1,989 397
1,989 487
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 26.21%
Total 30.85%
0000067
Polling 50.00%
Vote by Mail 0.00%
Total 50.00%
0000068
Polling 7.91%
Vote by Mail 32.98%
Total 40.89%
0000069
Polling 2.73%
Vote by Mail 22.27%
Total 25.00%
0000070
Polling 4.60%
Vote by Mail 33.02%
Total 37.62%
0000071
Polling 5.40%
Vote by Mail 24.31%
Total 29.71%
0000072
Polling 4.12%
Vote by Mail 28.76%
Total 32.88%
0000073
Polling 4.74%
Vote by Mail 34.64%
Total 39.37%
0000074
Polling 4.89%
Vote by Mail 20.92%
Total 25.81%
0000075
Polling 2.42%
Vote by Mail 21.82%
Total 24.24%
2,086 165
2,086 688
2 1
2 0
2 1
992 260
992 306
1,587 73
1,587 524
1,587 597
1,244 277
1,244 311
2,086 853
1,244 34
1,989 572
1,989 654
1,925 572
1,989 82
1,925 104
1,925 468
1,453 375
165 4
1,453 71
1,453 304
1,816 86
1,816 629
1,816 715
165 36
165 40
Page: 1 of 6 4/2/2020 3:19:33 PM
0000076
Polling 0.00%
Vote by Mail 57.14%
Total 57.14%
0000077
Polling 4.64%
Vote by Mail 40.33%
Total 44.96%
0000078
Polling 6.40%
Vote by Mail 38.06%
Total 44.46%
0000079
Polling 10.09%
Vote by Mail 31.34%
Total 41.43%
0000080
Polling N/A
Vote by Mail N/A
Total N/A
0000081
Polling 5.88%
Vote by Mail 44.64%
Total 50.52%
0000082
Polling 3.70%
Vote by Mail 24.61%
Total 28.32%
0000083
Polling 4.59%
Vote by Mail 49.62%
Total 54.21%
0000084
Polling 7.13%
Vote by Mail 46.91%
Total 54.04%
0000085
Polling 6.03%
3,236 150
3,236 1,305
14 0
14 8
14 8
1,844 186
1,844 578
1,844 764
2,438 928
2,438 1,084
3,236 1,455
2,438 156
1,736 775
1,736 877
0 1
1,736 102
0 1
0 0
2,529 1,371
2,230 159
2,529 116
2,529 1,255
837 31
837 206
837 237
3,302 199
2,230 1,046
2,230 1,205
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 59.87%
Total 65.90%
0000086
Polling 6.62%
Vote by Mail 44.72%
Total 51.34%
0000087
Polling 5.23%
Vote by Mail 54.26%
Total 59.49%
0000088
Polling 5.58%
Vote by Mail 40.33%
Total 45.91%
0000089
Polling 4.03%
Vote by Mail 63.56%
Total 67.59%
0000090
Polling 5.48%
Vote by Mail 30.99%
Total 36.47%
0000091
Polling 6.23%
Vote by Mail 35.71%
Total 41.94%
0000092
Polling 7.33%
Vote by Mail 35.15%
Total 42.49%
0000093
Polling 8.99%
Vote by Mail 23.94%
Total 32.94%
0000094
Polling 6.26%
Vote by Mail 47.86%
Total 54.12%
2,357 156
2,357 1,054
3,302 1,977
3,302 2,176
2,579 144
2,579 1,040
2,579 1,184
2,866 1,555
2,866 1,705
2,357 1,210
2,866 150
2,081 645
2,081 759
1,191 805
2,081 114
1,191 48
1,191 757
2,196 933
1,512 136
2,196 161
2,196 772
2,506 156
2,506 895
2,506 1,051
2,875 180
2,875 1,376
2,875 1,556
1,512 362
1,512 498
Page: 1 of 6 4/2/2020 3:19:33 PM
0000095
Polling 5.30%
Vote by Mail 42.62%
Total 47.92%
0000096
Polling 5.39%
Vote by Mail 20.13%
Total 25.53%
0000097
Polling 4.99%
Vote by Mail 44.85%
Total 49.84%
0000098
Polling 4.36%
Vote by Mail 38.72%
Total 43.07%
0000099
Polling 5.82%
Vote by Mail 32.42%
Total 38.24%
0000100
Polling 5.62%
Vote by Mail 33.51%
Total 39.13%
0000101
Polling 8.24%
Vote by Mail 22.84%
Total 31.08%
0000102
Polling 6.01%
Vote by Mail 30.99%
Total 37.00%
0000103
Polling 6.93%
Vote by Mail 30.65%
Total 37.57%
0000104
Polling 5.41%
2,473 131
2,473 1,054
1,922 96
1,922 862
1,922 958
760 153
760 194
2,473 1,185
760 41
2,147 696
2,147 821
1,653 712
2,147 125
1,653 72
1,653 640
1,007 313
1,381 83
1,007 83
1,007 230
2,083 117
2,083 698
2,083 815
1,756 95
1,054 73
1,054 323
1,054 396
1,381 428
1,381 511
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 23.58%
Total 28.99%
0000105
Polling 6.85%
Vote by Mail 45.57%
Total 52.41%
0000106
Polling 6.90%
Vote by Mail 55.63%
Total 62.53%
0000107
Polling 5.28%
Vote by Mail 46.44%
Total 51.72%
0000108
Polling 5.57%
Vote by Mail 51.66%
Total 57.23%
0000109
Polling 6.47%
Vote by Mail 45.57%
Total 52.04%
0000110
Polling 9.05%
Vote by Mail 47.19%
Total 56.24%
0000111
Polling 6.61%
Vote by Mail 46.03%
Total 52.64%
0000112
Polling 5.54%
Vote by Mail 46.85%
Total 52.39%
0000113
Polling 7.03%
Vote by Mail 54.31%
Total 61.34%
1,756 414
3,216 222
3,216 1,789
3,216 2,011
2,673 1,218
2,673 1,401
1,756 509
2,673 183
3,287 1,698
3,287 1,881
2,707 1,400
3,287 183
2,707 143
2,707 1,257
3,204 1,802
2,785 184
3,204 290
3,204 1,512
2,796 181
2,796 1,274
2,796 1,455
2,773 195
2,773 1,506
3,138 174
3,138 1,470
3,138 1,644
2,785 1,282
2,785 1,466
2,773 1,701
Page: 1 of 6 4/2/2020 3:19:33 PM
0000114
Polling 7.01%
Vote by Mail 51.28%
Total 58.29%
0000115
Polling 7.61%
Vote by Mail 45.97%
Total 53.58%
0000116
Polling 5.60%
Vote by Mail 41.79%
Total 47.39%
0000117
Polling 7.59%
Vote by Mail 45.09%
Total 52.68%
0000118
Polling 4.05%
Vote by Mail 56.98%
Total 61.02%
0000119
Polling 6.49%
Vote by Mail 44.84%
Total 51.33%
0000120
Polling 8.03%
Vote by Mail 20.69%
Total 28.73%
0000148
Polling 0.00%
Vote by Mail 100.00%
Total 100.00%
0000149
Polling 100.00%
Vote by Mail 100.00%
Total 200.00%
0000150
Polling 6.21%
2,876 219
2,876 1,322
2,876 1,541
3,009 1,543
3,009 1,754
3,009 211
2,280 1,028
2,280 1,201
2,876 1,363
2,280 173
2,876 161
2,876 1,202
2,065 1,060
1,643 132
2,065 134
2,065 926
2,989 121
2,989 1,703
2,989 1,824
1 1
1 1
1 0
1 1
1 1
1,643 340
1,643 472
1 2
1,981 123
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 33.67%
Total 39.88%
0000151
Polling 6.63%
Vote by Mail 31.03%
Total 37.66%
0000152
Polling 5.49%
Vote by Mail 39.71%
Total 45.20%
0000153
Polling 5.32%
Vote by Mail 39.63%
Total 44.94%
0000154
Polling 5.59%
Vote by Mail 36.79%
Total 42.38%
0000155
Polling 5.42%
Vote by Mail 35.69%
Total 41.10%
0000156
Polling 6.21%
Vote by Mail 33.71%
Total 39.92%
0000157
Polling 4.73%
Vote by Mail 30.61%
Total 35.34%
0000158
Polling 5.43%
Vote by Mail 32.72%
Total 38.15%
0000159
Polling 25.00%
Vote by Mail 0.00%
Total 25.00%
1,840 122
1,840 571
1,840 693
1,981 667
1,981 790
2,728 1,081
2,728 1,226
2,405 1,087
2,728 145
2,405 132
2,405 955
978 402
1,836 114
978 53
978 349
2,362 132
2,362 869
2,362 1,001
1,861 101
1,861 609
1,310 62
1,310 401
1,310 463
1,836 619
1,836 733
8 0
8 2
1,861 710
8 2
Page: 1 of 6 4/2/2020 3:19:33 PM
0000160
Polling 0.00%
Vote by Mail 50.00%
Total 50.00%
0000161
Polling 5.94%
Vote by Mail 31.80%
Total 37.74%
0000172
Polling 5.41%
Vote by Mail 38.03%
Total 43.45%
0000173
Polling 3.67%
Vote by Mail 26.37%
Total 30.03%
0000174
Polling 6.11%
Vote by Mail 34.98%
Total 41.09%
0000175
Polling 1.59%
Vote by Mail 69.84%
Total 71.43%
0000176
Polling 4.95%
Vote by Mail 32.86%
Total 37.80%
0000177
Polling 4.91%
Vote by Mail 26.32%
Total 31.24%
0000178
Polling 1.97%
Vote by Mail 32.02%
Total 33.99%
0000179
Polling 4.29%
2 0
2 1
2 1
1,404 534
1,404 610
2,626 991
1,404 76
2,626 156
2,626 835
1,375 565
63 1
1,375 84
1,375 481
1,445 53
1,445 381
1,445 434
2,097 103
2,097 552
2,021 100
2,021 664
2,021 764
63 44
63 45
863 37
203 65
203 69
2,097 655
203 4
Page: 1 of 6 4/2/2020 3:19:33 PM
Vote by Mail 28.39%
Total 32.68%
0000180
Polling 3.98%
Vote by Mail 31.90%
Total 35.88%
0000181
Polling 6.04%
Vote by Mail 37.33%
Total 43.37%
0000182
Polling N/A
Vote by Mail N/A
Total N/A
0000183
Polling N/A
Vote by Mail N/A
Total N/A
0000190
Polling 6.60%
Vote by Mail 49.85%
Total 56.45%
0000191
Polling 6.83%
Vote by Mail 40.40%
Total 47.23%
Electionwide - Total 40.29%
Countywide - Total 40.29%
Polling 5.83%
Vote by Mail 34.46%
863 245
863 282
2,135 797
2,135 926
1,282 460
2,135 129
1,282 51
1,282 409
0 0
1,954 129
0 0
0 0
0 0
0 0
0 0
250,728 86,397
250,728 101,007
250,728 101,007
250,728 14,610
1,844 126
1,844 745
1,844 871
1,954 974
1,954 1,103
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
Precinct Precinct
Countywide Countywide
Electionwide Electionwide
0000001 0000001
Polling 113 4 0 Polling 7 6.42%12.84%4
Vote by Mail 312 5 1 Vote by Mail 7 2.29%10.46%4
Total 425 9 1 Total 14 3.37%11.08%8
0000002 0000002
Polling 106 0 0 Polling 6 5.66%14.15%3
Vote by Mail 438 12 1 Vote by Mail 27 6.35%12.71%8
Total 544 12 1 Total 33 6.21%12.99%11
0000003 0000003
Polling 80 0 0 Polling 4 5.00%6.25%3
Vote by Mail 324 6 0 Vote by Mail 17 5.35%11.95%5
Total 404 6 0 Total 21 5.28%10.80%8
0000004 0000004
Polling 100 3 0 Polling 7 7.22%21.65%1
Vote by Mail 456 12 2 Vote by Mail 13 2.94%12.90%3
Total 556 15 2 Total 20 3.71%14.47%4
0000005 0000005
Polling 82 1 0 Polling 3 3.70%9.88%5
Vote by Mail 461 14 0 Vote by Mail 19 4.25%5.82%8
Total 543 15 0 Total 22 4.17%6.44%13
0000006 0000006
Polling 61 2 0 Polling 1 1.69%22.03%1
Vote by Mail 283 9 0 Vote by Mail 20 7.30%12.41%5
Total 344 11 0 Total 21 6.31%14.11%6
0000007 0000007
Polling 43 2 0 Polling 1 2.44%12.20%0
Vote by Mail 294 7 0 Vote by Mail 12 4.18%14.29%9
Total 337 9 0 Total 13 3.96%14.02%9
0000008 0000008
Polling 15 0 0 Polling 0 0.00%0.00%0
Vote by Mail 0 0 0 Vote by Mail 0 0
Page: 3 of 6
Fresno Mayor (Vote for 1)
1,552 46
1,552 14
1,552 32
1,378 5
1,378 38
2,299 69
2,299 15
2,299 54
1,871 78
1,871 21
1,871 57
1,378 43
1,329 13
1,329 34
2,129 34
2,129 8
2,129 26
1,328 46
1,328 5
1,328 41
1,329 47
0 0
0 0
Page: 3 of 6
Total 15 0 0 Total 0 0.00%0.00%0
0000009 0000009
Polling 0 0 0 Polling 0 0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 0 0 0 Total 0 0
0000010 0000010
Polling 419 10 0 Polling 9 2.20%0.98%4
Vote by Mail 998 10 1 Vote by Mail 8 0.81%0.91%11
Total 1,417 20 1 Total 17 1.22%0.93%15
0000011 0000011
Polling 219 4 0 Polling 5 2.33%1.40%4
Vote by Mail 731 15 0 Vote by Mail 7 0.98%1.12%5
Total 950 19 0 Total 12 1.29%1.18%9
0000012 0000012
Polling 136 1 0 Polling 8 5.93%5.19%3
Vote by Mail 567 11 2 Vote by Mail 36 6.50%2.53%10
Total 703 12 2 Total 44 6.39%3.05%13
0000013 0000013
Polling 91 5 0 Polling 3 3.49%4.65%1
Vote by Mail 444 14 2 Vote by Mail 16 3.74%3.27%11
Total 535 19 2 Total 19 3.70%3.50%12
0000014 0000014
Polling 93 3 0 Polling 3 3.33%1.11%2
Vote by Mail 372 6 1 Vote by Mail 12 3.29%1.64%8
Total 465 9 1 Total 15 3.30%1.54%10
0000015 0000015
Polling 130 4 0 Polling 2 1.59%2.38%1
Vote by Mail 610 11 0 Vote by Mail 16 2.67%2.00%7
Total 740 15 0 Total 18 2.48%2.07%8
0000016 0000016
Polling 200 9 0 Polling 3 1.57%1.57%7
Vote by Mail 931 15 0 Vote by Mail 20 2.18%2.40%23
Total 1,131 24 0 Total 23 2.08%2.26%30
0000017 0000017
Polling 85 2 0 Polling 1 1.20%3.61%4
Vote by Mail 428 8 0 Vote by Mail 20 4.76%2.14%5
Total 513 10 0 Total 21 4.17%2.39%9
0000018 0000018
1 0
1 0
0 0
2,475 13
2,475 4
2,475 9
1 0
2,192 7
2,192 14
1,551 11
1,551 3
1,551 8
1,975 18
1,975 4
1,975 14
2,192 21
2,236 3
2,236 12
1,375 7
1,375 1
1,375 6
2,180 25
2,180 3
2,180 22
2,236 15
1,459 12
1,459 3
1,459 9
Page: 3 of 6
Polling 56 3 1 Polling 2 3.85%5.77%2
Vote by Mail 414 16 1 Vote by Mail 22 5.54%4.28%3
Total 470 19 2 Total 24 5.35%4.45%5
0000019 0000019
Polling 127 4 1 Polling 3 2.46%6.56%6
Vote by Mail 515 22 0 Vote by Mail 19 3.85%2.23%8
Total 642 26 1 Total 22 3.58%3.09%14
0000020 0000020
Polling 128 5 0 Polling 5 4.07%3.25%1
Vote by Mail 780 14 0 Vote by Mail 20 2.61%1.96%11
Total 908 19 0 Total 25 2.81%2.14%12
0000021 0000021
Polling 133 4 0 Polling 1 0.78%5.43%5
Vote by Mail 663 9 0 Vote by Mail 15 2.29%2.91%18
Total 796 13 0 Total 16 2.04%3.32%23
0000022 0000022
Polling 92 1 0 Polling 6 6.59%4.40%4
Vote by Mail 331 10 0 Vote by Mail 15 4.67%3.43%8
Total 423 11 0 Total 21 5.10%3.64%12
0000023 0000023
Polling 132 7 0 Polling 8 6.40%6.40%3
Vote by Mail 375 7 1 Vote by Mail 15 4.09%5.18%9
Total 507 14 1 Total 23 4.67%5.49%12
0000024 0000024
Polling 128 3 0 Polling 7 5.60%3.20%1
Vote by Mail 734 17 1 Vote by Mail 43 6.01%2.79%10
Total 862 20 1 Total 50 5.95%2.85%11
0000025 0000025
Polling 115 4 0 Polling 12 10.81%4.50%3
Vote by Mail 521 10 3 Vote by Mail 42 8.27%1.97%9
Total 636 14 3 Total 54 8.72%2.42%12
0000026 0000026
Polling 123 3 0 Polling 5 4.17%1.67%4
Vote by Mail 636 8 1 Vote by Mail 31 4.94%0.96%5
Total 759 11 1 Total 36 4.82%1.07%9
0000027 0000027
Polling 75 2 0 Polling 5 6.85%8.22%1
Vote by Mail 582 12 0 Vote by Mail 53 9.30%4.39%11
1,723 3
1,723 17
1,962 19
1,962 8
1,962 11
1,723 20
2,120 7
2,120 19
1,986 19
1,986 4
1,986 15
1,226 15
1,226 4
1,226 11
2,120 26
2,267 4
2,267 20
2,127 27
2,127 8
2,127 19
2,191 15
2,191 5
2,191 10
2,267 24
2,467 6
2,467 25
2,138 8
2,138 2
2,138 6
Page: 3 of 6
Total 657 14 0 Total 58 9.02%4.82%12
0000028 0000028
Polling 90 1 0 Polling 2 2.25%13.48%5
Vote by Mail 356 17 0 Vote by Mail 22 6.49%3.83%7
Total 446 18 0 Total 24 5.61%5.84%12
0000029 0000029
Polling 83 4 0 Polling 2 2.53%3.80%4
Vote by Mail 375 8 2 Vote by Mail 42 11.51%3.29%5
Total 458 12 2 Total 44 9.91%3.38%9
0000030 0000030
Polling 84 3 1 Polling 4 5.00%3.75%2
Vote by Mail 377 7 0 Vote by Mail 26 7.03%5.14%8
Total 461 10 1 Total 30 6.67%4.89%10
0000031 0000031
Polling 92 3 0 Polling 5 5.62%4.49%2
Vote by Mail 433 8 1 Vote by Mail 48 11.32%3.54%11
Total 525 11 1 Total 53 10.33%3.70%13
0000032 0000032
Polling 69 2 0 Polling 7 10.45%4.48%1
Vote by Mail 358 7 1 Vote by Mail 29 8.29%1.14%2
Total 427 9 1 Total 36 8.63%1.68%3
0000033 0000033
Polling 73 2 0 Polling 4 5.63%4.23%1
Vote by Mail 315 5 1 Vote by Mail 29 9.39%3.88%9
Total 388 7 1 Total 33 8.68%3.95%10
0000034 0000034
Polling 71 2 0 Polling 7 10.14%4.35%2
Vote by Mail 320 1 4 Vote by Mail 27 8.57%2.86%4
Total 391 3 4 Total 34 8.85%3.13%6
0000035 0000035
Polling 77 0 0 Polling 7 9.09%3.90%1
Vote by Mail 434 9 0 Vote by Mail 20 4.71%2.82%9
Total 511 9 0 Total 27 5.38%2.99%10
0000036 0000036
Polling 101 2 0 Polling 12 12.12%3.03%0
Vote by Mail 457 6 0 Vote by Mail 29 6.43%2.66%2
Total 558 8 0 Total 41 7.45%2.73%2
0000037 0000037
1,921 25
1,921 12
1,921 13
2,467 31
2,231 3
2,231 19
2,138 15
2,138 3
2,138 12
2,131 19
2,131 4
2,131 15
2,231 22
1,913 3
1,913 12
2,074 7
2,074 3
2,074 4
1,695 12
1,695 3
1,695 9
1,913 15
2,134 3
2,134 12
1,933 15
1,933 3
1,933 12
2,134 15
Page: 3 of 6
Polling 66 4 0 Polling 5 8.06%1.61%1
Vote by Mail 333 5 0 Vote by Mail 14 4.27%2.13%0
Total 399 9 0 Total 19 4.87%2.05%1
0000038 0000038
Polling 2 0 0 Polling 0 0.00%0.00%0
Vote by Mail 1 0 0 Vote by Mail 0 0.00%0.00%0
Total 3 0 0 Total 0 0.00%0.00%0
0000039 0000039
Polling 11 0 0 Polling 1 9.09%0.00%0
Vote by Mail 146 6 0 Vote by Mail 3 2.14%5.71%0
Total 157 6 0 Total 4 2.65%5.30%0
0000040 0000040
Polling 0 0 0 Polling 0 0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 0 0 0 Total 0 0
0000041 0000041
Polling 0 0 0 Polling 0 0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 0 0 0 Total 0 0
0000042 0000042
Polling 106 6 0 Polling 4 4.00%0.00%1
Vote by Mail 385 12 1 Vote by Mail 7 1.88%1.88%7
Total 491 18 1 Total 11 2.33%1.48%8
0000043 0000043
Polling 126 2 0 Polling 3 2.42%3.23%3
Vote by Mail 659 13 0 Vote by Mail 10 1.55%2.17%1
Total 785 15 0 Total 13 1.69%2.34%4
0000044 0000044
Polling 82 5 0 Polling 3 3.90%2.60%5
Vote by Mail 454 6 1 Vote by Mail 16 3.58%2.01%8
Total 536 11 1 Total 19 3.63%2.10%13
0000045 0000045
Polling 6 1 0 Polling 1 20.00%0.00%0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 6 1 0 Total 1 20.00%0.00%0
0000046 0000046
Polling 11 0 0 Polling 0 0.00%0.00%0
1,339 8
1,339 1
1,339 7
274 0
274 8
5 0
5 0
5 0
0 0
0 0
0 0
274 8
1,626 0
1,626 7
0 0
0 0
0 0
2,032 18
2,032 4
2,032 14
1,626 7
0 0
0 0
1,619 11
1,619 2
1,619 9
328 0
0 0
Page: 3 of 6
Vote by Mail 68 0 0 Vote by Mail 3 4.41%1.47%3
Total 79 0 0 Total 3 3.80%1.27%3
0000047 0000047
Polling 2 0 0 Polling 0 0.00%0.00%0
Vote by Mail 2 0 0 Vote by Mail 0 0.00%0.00%0
Total 4 0 0 Total 0 0.00%0.00%0
0000048 0000048
Polling 110 2 0 Polling 3 2.78%1.85%1
Vote by Mail 613 12 0 Vote by Mail 10 1.66%3.16%10
Total 723 14 0 Total 13 1.83%2.96%11
0000049 0000049
Polling 94 2 0 Polling 1 1.09%8.70%1
Vote by Mail 585 13 0 Vote by Mail 17 2.97%2.27%8
Total 679 15 0 Total 18 2.71%3.16%9
0000050 0000050
Polling 99 5 0 Polling 2 2.13%5.32%4
Vote by Mail 617 14 1 Vote by Mail 16 2.66%1.99%13
Total 716 19 1 Total 18 2.59%2.44%17
0000051 0000051
Polling 77 2 0 Polling 4 5.33%9.33%3
Vote by Mail 483 10 1 Vote by Mail 18 3.81%4.03%10
Total 560 12 1 Total 22 4.02%4.75%13
0000052 0000052
Polling 113 1 0 Polling 1 0.89%2.68%2
Vote by Mail 569 12 0 Vote by Mail 9 1.62%1.08%10
Total 682 13 0 Total 10 1.49%1.35%12
0000053 0000053
Polling 95 1 0 Polling 2 2.13%9.57%4
Vote by Mail 558 17 0 Vote by Mail 15 2.77%2.22%12
Total 653 18 0 Total 17 2.68%3.31%16
0000054 0000054
Polling 90 3 0 Polling 2 2.30%5.75%4
Vote by Mail 451 11 0 Vote by Mail 14 3.18%3.86%8
Total 541 14 0 Total 16 3.04%4.17%12
0000055 0000055
Polling 129 9 0 Polling 2 1.67%6.67%2
Vote by Mail 492 4 0 Vote by Mail 17 3.48%3.07%9
Total 621 13 0 Total 19 3.13%3.78%11
328 1
328 1
1,816 2
1,816 19
6 0
6 0
6 0
2,071 21
2,071 8
2,071 13
1,816 21
1,702 7
1,702 19
2,079 17
2,079 5
2,079 12
1,988 9
1,988 3
1,988 6
1,702 26
1,594 5
1,594 17
2,078 21
2,078 9
2,078 12
1,698 23
1,698 8
1,698 15
1,594 22
Page: 3 of 6
0000056 0000056
Polling 122 4 0 Polling 6 5.08%9.32%3
Vote by Mail 801 20 1 Vote by Mail 20 2.56%3.08%11
Total 923 24 1 Total 26 2.90%3.90%14
0000057 0000057
Polling 2 0 0 Polling 0 0.00%0.00%0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 2 0 0 Total 0 0.00%0.00%0
0000058 0000058
Polling 96 6 0 Polling 3 3.33%5.56%3
Vote by Mail 577 13 1 Vote by Mail 27 4.80%2.84%5
Total 673 19 1 Total 30 4.59%3.22%8
0000059 0000059
Polling 85 1 0 Polling 2 2.38%4.76%2
Vote by Mail 426 6 1 Vote by Mail 20 4.77%4.77%13
Total 511 7 1 Total 22 4.37%4.77%15
0000060 0000060
Polling 12 0 0 Polling 1 8.33%8.33%1
Vote by Mail 93 4 0 Vote by Mail 2 2.25%1.12%3
Total 105 4 0 Total 3 2.97%1.98%4
0000061 0000061
Polling 23 2 0 Polling 0 0.00%0.00%2
Vote by Mail 91 6 0 Vote by Mail 2 2.35%4.71%2
Total 114 8 0 Total 2 1.89%3.77%4
0000062 0000062
Polling 126 2 0 Polling 3 2.42%0.81%4
Vote by Mail 631 12 1 Vote by Mail 16 2.59%2.43%6
Total 757 14 1 Total 19 2.56%2.16%10
0000063 0000063
Polling 53 0 0 Polling 2 3.77%5.66%1
Vote by Mail 208 4 0 Vote by Mail 3 1.47%3.43%2
Total 261 4 0 Total 5 1.95%3.89%3
0000064 0000064
Polling 90 0 0 Polling 3 3.33%5.56%9
Vote by Mail 397 5 0 Vote by Mail 14 3.57%5.10%5
Total 487 5 0 Total 17 3.53%5.19%14
0000065 0000065
0 0
0 0
2,561 35
2,561 11
2,561 24
2,270 21
2,270 5
2,270 16
0 0
377 1
377 1
1,914 24
1,914 4
1,914 20
416 4
416 0
416 4
377 2
922 3
922 7
2,235 16
2,235 1
2,235 15
1,989 25
1,989 5
1,989 20
922 10
Page: 3 of 6
Polling 91 3 0 Polling 0 0.00%2.27%3
Vote by Mail 422 9 0 Vote by Mail 8 1.94%0.48%5
Total 513 12 0 Total 8 1.60%0.80%8
0000066 0000066
Polling 46 1 0 Polling 0 0.00%4.44%0
Vote by Mail 260 6 0 Vote by Mail 9 3.54%2.76%4
Total 306 7 0 Total 9 3.01%3.01%4
0000067 0000067
Polling 1 0 0 Polling 1 100.00%0.00%0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 1 0 0 Total 1 100.00%0.00%0
0000068 0000068
Polling 165 4 0 Polling 4 2.48%3.11%8
Vote by Mail 688 15 0 Vote by Mail 9 1.34%1.34%9
Total 853 19 0 Total 13 1.56%1.68%17
0000069 0000069
Polling 34 1 1 Polling 2 6.25%9.38%3
Vote by Mail 277 6 1 Vote by Mail 16 5.93%3.70%3
Total 311 7 2 Total 18 5.96%4.30%6
0000070 0000070
Polling 73 1 0 Polling 1 1.39%2.78%1
Vote by Mail 524 11 1 Vote by Mail 13 2.54%2.93%16
Total 597 12 1 Total 14 2.40%2.91%17
0000071 0000071
Polling 104 0 0 Polling 6 5.77%9.62%4
Vote by Mail 468 8 0 Vote by Mail 19 4.13%3.26%7
Total 572 8 0 Total 25 4.43%4.43%11
0000072 0000072
Polling 82 3 0 Polling 6 7.59%1.27%4
Vote by Mail 572 8 0 Vote by Mail 18 3.19%2.13%4
Total 654 11 0 Total 24 3.73%2.02%8
0000073 0000073
Polling 86 4 0 Polling 2 2.44%6.10%4
Vote by Mail 629 21 0 Vote by Mail 23 3.78%2.63%15
Total 715 25 0 Total 25 3.62%3.04%19
0000074 0000074
Polling 71 0 0 Polling 0 0.00%9.86%2
992 2
992 7
1,316 4
1,316 2
1,316 2
2 0
2 0
2 0
992 9
1,244 3
1,244 10
2,086 14
2,086 5
2,086 9
1,587 17
1,587 2
1,587 15
1,244 13
1,989 1
1,989 12
1,925 25
1,925 10
1,925 15
1,816 21
1,816 5
1,816 16
1,989 13
1,453 7
Page: 3 of 6
Vote by Mail 304 3 0 Vote by Mail 7 2.33%2.33%7
Total 375 3 0 Total 7 1.88%3.76%9
0000075 0000075
Polling 4 0 0 Polling 0 0.00%25.00%0
Vote by Mail 36 1 0 Vote by Mail 2 5.71%11.43%2
Total 40 1 0 Total 2 5.13%12.82%2
0000076 0000076
Polling 0 0 0 Polling 0 0
Vote by Mail 8 1 0 Vote by Mail 0 0.00%0.00%0
Total 8 1 0 Total 0 0.00%0.00%0
0000077 0000077
Polling 150 2 0 Polling 1 0.68%0.68%4
Vote by Mail 1,305 34 0 Vote by Mail 13 1.02%1.57%13
Total 1,455 36 0 Total 14 0.99%1.48%17
0000078 0000078
Polling 156 2 0 Polling 3 1.95%1.95%4
Vote by Mail 928 17 0 Vote by Mail 5 0.55%0.66%11
Total 1,084 19 0 Total 8 0.75%0.85%15
0000079 0000079
Polling 186 4 0 Polling 5 2.75%3.85%3
Vote by Mail 578 21 0 Vote by Mail 8 1.44%1.97%6
Total 764 25 0 Total 13 1.76%2.44%9
0000080 0000080
Polling 1 0 0 Polling 0 0.00%0.00%0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 1 0 0 Total 0 0.00%0.00%0
0000081 0000081
Polling 102 2 0 Polling 1 1.00%2.00%2
Vote by Mail 775 16 0 Vote by Mail 4 0.53%0.79%6
Total 877 18 0 Total 5 0.58%0.93%8
0000082 0000082
Polling 31 2 0 Polling 1 3.45%3.45%2
Vote by Mail 206 2 0 Vote by Mail 6 2.94%3.92%4
Total 237 4 0 Total 7 3.00%3.86%6
0000083 0000083
Polling 116 0 0 Polling 2 1.72%3.45%1
Vote by Mail 1,255 24 0 Vote by Mail 4 0.32%0.81%4
165 1
165 4
1,453 14
1,453 7
14 0
14 0
14 0
165 5
2,438 3
2,438 6
3,236 21
3,236 1
3,236 20
1,844 18
1,844 7
1,844 11
2,438 9
1,736 2
1,736 6
0 0
0 0
0 0
837 9
837 1
837 8
1,736 8
2,529 4
2,529 10
Page: 3 of 6
Total 1,371 24 0 Total 6 0.45%1.04%5
0000084 0000084
Polling 159 0 0 Polling 2 1.26%1.89%3
Vote by Mail 1,046 18 1 Vote by Mail 3 0.29%1.56%10
Total 1,205 18 1 Total 5 0.42%1.60%13
0000085 0000085
Polling 199 5 0 Polling 1 0.52%2.06%2
Vote by Mail 1,977 42 0 Vote by Mail 2 0.10%0.47%8
Total 2,176 47 0 Total 3 0.14%0.61%10
0000086 0000086
Polling 156 2 0 Polling 5 3.25%2.60%4
Vote by Mail 1,054 18 1 Vote by Mail 6 0.58%1.26%9
Total 1,210 20 1 Total 11 0.93%1.43%13
0000087 0000087
Polling 150 3 0 Polling 1 0.68%2.04%3
Vote by Mail 1,555 25 2 Vote by Mail 5 0.33%0.33%3
Total 1,705 28 2 Total 6 0.36%0.48%6
0000088 0000088
Polling 144 3 0 Polling 4 2.84%3.55%3
Vote by Mail 1,040 20 0 Vote by Mail 9 0.88%1.57%11
Total 1,184 23 0 Total 13 1.12%1.81%14
0000089 0000089
Polling 48 2 0 Polling 0 0.00%0.00%1
Vote by Mail 757 11 0 Vote by Mail 2 0.27%0.40%2
Total 805 13 0 Total 2 0.25%0.38%3
0000090 0000090
Polling 114 3 0 Polling 6 5.41%2.70%0
Vote by Mail 645 9 1 Vote by Mail 21 3.31%1.26%6
Total 759 12 1 Total 27 3.62%1.47%6
0000091 0000091
Polling 156 9 0 Polling 1 0.68%4.76%8
Vote by Mail 895 17 1 Vote by Mail 16 1.82%1.48%11
Total 1,051 26 1 Total 17 1.66%1.95%19
0000092 0000092
Polling 161 14 0 Polling 6 4.08%4.76%0
Vote by Mail 772 17 1 Vote by Mail 4 0.53%1.86%4
Total 933 31 1 Total 10 1.11%2.33%4
0000093 0000093
2,230 3
2,230 16
2,529 14
3,302 13
3,302 4
3,302 9
2,230 19
2,866 3
2,866 5
2,357 17
2,357 4
2,357 13
2,579 21
2,579 5
2,579 16
2,866 8
2,081 3
2,081 8
1,191 3
1,191 0
1,191 3
2,506 20
2,506 7
2,506 13
2,081 11
2,196 21
2,196 7
2,196 14
Page: 3 of 6
Polling 136 14 0 Polling 6 4.92%4.10%6
Vote by Mail 362 16 0 Vote by Mail 14 4.05%3.76%6
Total 498 30 0 Total 20 4.27%3.85%12
0000094 0000094
Polling 180 8 0 Polling 4 2.33%2.91%5
Vote by Mail 1,376 17 0 Vote by Mail 2 0.15%0.96%10
Total 1,556 25 0 Total 6 0.39%1.18%15
0000095 0000095
Polling 131 2 0 Polling 3 2.33%2.33%3
Vote by Mail 1,054 18 0 Vote by Mail 7 0.68%0.87%6
Total 1,185 20 0 Total 10 0.86%1.03%9
0000096 0000096
Polling 41 0 0 Polling 1 2.44%7.32%0
Vote by Mail 153 3 0 Vote by Mail 3 2.00%2.00%6
Total 194 3 0 Total 4 2.09%3.14%6
0000097 0000097
Polling 96 0 0 Polling 0 0.00%1.04%1
Vote by Mail 862 12 0 Vote by Mail 8 0.94%0.94%13
Total 958 12 0 Total 8 0.85%0.95%14
0000098 0000098
Polling 72 1 0 Polling 0 0.00%5.63%0
Vote by Mail 640 12 1 Vote by Mail 7 1.12%2.55%8
Total 712 13 1 Total 7 1.00%2.87%8
0000099 0000099
Polling 125 2 0 Polling 3 2.44%4.07%1
Vote by Mail 696 14 0 Vote by Mail 13 1.91%2.05%11
Total 821 16 0 Total 16 1.99%2.36%12
0000100 0000100
Polling 117 6 0 Polling 1 0.90%1.80%2
Vote by Mail 698 6 0 Vote by Mail 12 1.73%2.02%10
Total 815 12 0 Total 13 1.62%1.99%12
0000101 0000101
Polling 83 5 0 Polling 5 6.41%6.41%5
Vote by Mail 230 7 0 Vote by Mail 2 0.90%1.35%1
Total 313 12 0 Total 7 2.33%2.66%6
0000102 0000102
Polling 83 2 0 Polling 1 1.23%0.00%0
Vote by Mail 428 9 2 Vote by Mail 1 0.24%1.68%3
1,512 5
1,512 13
2,875 18
2,875 5
2,875 13
1,512 18
760 3
760 3
2,473 12
2,473 3
2,473 9
1,922 9
1,922 1
1,922 8
760 6
2,147 5
2,147 14
1,653 20
1,653 4
1,653 16
2,083 16
2,083 2
2,083 14
2,147 19
1,381 0
1,381 7
1,007 8
1,007 5
1,007 3
Page: 3 of 6
Total 511 11 2 Total 2 0.40%1.41%3
0000103 0000103
Polling 73 2 0 Polling 1 1.41%7.04%0
Vote by Mail 323 6 0 Vote by Mail 9 2.84%4.10%3
Total 396 8 0 Total 10 2.58%4.64%3
0000104 0000104
Polling 95 4 0 Polling 3 3.30%5.49%4
Vote by Mail 414 6 0 Vote by Mail 8 1.96%3.19%4
Total 509 10 0 Total 11 2.20%3.61%8
0000105 0000105
Polling 183 11 0 Polling 3 1.74%1.74%1
Vote by Mail 1,218 37 1 Vote by Mail 12 1.02%0.93%6
Total 1,401 48 1 Total 15 1.11%1.04%7
0000106 0000106
Polling 222 6 0 Polling 1 0.46%1.39%2
Vote by Mail 1,789 32 0 Vote by Mail 4 0.23%0.17%7
Total 2,011 38 0 Total 5 0.25%0.30%9
0000107 0000107
Polling 143 4 0 Polling 2 1.44%2.88%0
Vote by Mail 1,257 18 1 Vote by Mail 7 0.57%0.97%6
Total 1,400 22 1 Total 9 0.65%1.16%6
0000108 0000108
Polling 183 4 0 Polling 1 0.56%0.56%1
Vote by Mail 1,698 38 0 Vote by Mail 5 0.30%0.42%1
Total 1,881 42 0 Total 6 0.33%0.44%2
0000109 0000109
Polling 181 3 0 Polling 2 1.12%2.81%4
Vote by Mail 1,274 36 0 Vote by Mail 12 0.97%0.73%11
Total 1,455 39 0 Total 14 0.99%0.99%15
0000110 0000110
Polling 290 7 1 Polling 3 1.06%1.77%6
Vote by Mail 1,512 33 0 Vote by Mail 7 0.47%0.61%9
Total 1,802 40 1 Total 10 0.57%0.80%15
0000111 0000111
Polling 184 4 0 Polling 4 2.22%2.22%2
Vote by Mail 1,282 28 0 Vote by Mail 11 0.88%0.72%14
Total 1,466 32 0 Total 15 1.05%0.91%16
0000112 0000112
1,054 18
1,054 5
1,054 13
1,381 7
2,673 3
2,673 11
1,756 18
1,756 5
1,756 13
3,216 6
3,216 3
3,216 3
2,673 14
3,287 1
3,287 7
2,707 16
2,707 4
2,707 12
2,796 14
2,796 5
2,796 9
3,287 8
2,785 4
2,785 9
3,204 14
3,204 5
3,204 9
2,785 13
Page: 3 of 6
Polling 174 5 0 Polling 1 0.59%3.55%5
Vote by Mail 1,470 41 0 Vote by Mail 7 0.49%0.56%7
Total 1,644 46 0 Total 8 0.50%0.88%12
0000113 0000113
Polling 195 5 0 Polling 1 0.53%1.58%2
Vote by Mail 1,506 34 0 Vote by Mail 4 0.27%0.41%5
Total 1,701 39 0 Total 5 0.30%0.54%7
0000114 0000114
Polling 211 8 0 Polling 2 0.99%2.46%5
Vote by Mail 1,543 37 1 Vote by Mail 7 0.47%0.53%13
Total 1,754 45 1 Total 9 0.53%0.76%18
0000115 0000115
Polling 219 4 0 Polling 2 0.93%1.40%3
Vote by Mail 1,322 25 2 Vote by Mail 7 0.54%0.85%4
Total 1,541 29 2 Total 9 0.60%0.93%7
0000116 0000116
Polling 161 6 0 Polling 1 0.65%4.52%2
Vote by Mail 1,202 27 1 Vote by Mail 4 0.34%1.53%12
Total 1,363 33 1 Total 5 0.38%1.88%14
0000117 0000117
Polling 173 5 0 Polling 2 1.19%0.60%5
Vote by Mail 1,028 15 0 Vote by Mail 10 0.99%1.09%15
Total 1,201 20 0 Total 12 1.02%1.02%20
0000118 0000118
Polling 121 3 0 Polling 1 0.85%0.85%4
Vote by Mail 1,703 41 0 Vote by Mail 6 0.36%0.42%9
Total 1,824 44 0 Total 7 0.39%0.45%13
0000119 0000119
Polling 134 7 0 Polling 2 1.57%3.94%2
Vote by Mail 926 16 1 Vote by Mail 4 0.44%1.43%14
Total 1,060 23 1 Total 6 0.58%1.74%16
0000120 0000120
Polling 132 6 0 Polling 3 2.38%4.76%2
Vote by Mail 340 3 1 Vote by Mail 11 3.27%3.57%5
Total 472 9 1 Total 14 3.03%3.90%7
0000148 0000148
Polling 0 0 0 Polling 0 0
Vote by Mail 1 0 0 Vote by Mail 0 0.00%0.00%0
3,138 14
3,138 6
3,138 8
3,009 5
3,009 8
2,773 9
2,773 3
2,773 6
2,876 14
2,876 3
2,876 11
3,009 13
2,280 1
2,280 11
2,876 25
2,876 7
2,876 18
2,989 8
2,989 1
2,989 7
2,280 12
1,643 6
1,643 12
2,065 18
2,065 5
2,065 13
1 0
1 0
1,643 18
Page: 3 of 6
Total 1 0 0 Total 0 0.00%0.00%0
0000149 0000149
Polling 1 0 0 Polling 0 0.00%0.00%1
Vote by Mail 1 0 0 Vote by Mail 0 0.00%0.00%0
Total 2 0 0 Total 0 0.00%0.00%1
0000150 0000150
Polling 123 5 0 Polling 3 2.54%3.39%4
Vote by Mail 667 24 0 Vote by Mail 11 1.71%3.89%7
Total 790 29 0 Total 14 1.84%3.81%11
0000151 0000151
Polling 122 4 0 Polling 5 4.24%5.93%1
Vote by Mail 571 12 0 Vote by Mail 7 1.25%3.58%7
Total 693 16 0 Total 12 1.77%3.99%8
0000152 0000152
Polling 132 3 0 Polling 0 0.00%1.55%4
Vote by Mail 955 21 0 Vote by Mail 12 1.28%3.10%16
Total 1,087 24 0 Total 12 1.13%2.92%20
0000153 0000153
Polling 145 5 0 Polling 3 2.14%2.86%2
Vote by Mail 1,081 21 0 Vote by Mail 9 0.85%1.23%4
Total 1,226 26 0 Total 12 1.00%1.42%6
0000154 0000154
Polling 132 0 0 Polling 2 1.52%4.55%1
Vote by Mail 869 14 0 Vote by Mail 9 1.05%1.99%11
Total 1,001 14 0 Total 11 1.11%2.33%12
0000155 0000155
Polling 53 1 0 Polling 1 1.92%1.92%0
Vote by Mail 349 6 0 Vote by Mail 1 0.29%1.75%0
Total 402 7 0 Total 2 0.51%1.77%0
0000156 0000156
Polling 114 6 0 Polling 0 0.00%2.78%2
Vote by Mail 619 14 0 Vote by Mail 6 0.99%1.32%5
Total 733 20 0 Total 6 0.84%1.54%7
0000157 0000157
Polling 62 1 0 Polling 2 3.28%1.64%1
Vote by Mail 401 7 2 Vote by Mail 12 3.06%3.57%1
Total 463 8 2 Total 14 3.09%3.31%2
1 0
1,981 4
1,981 25
1 0
1 0
1 0
1,840 27
1,840 7
1,840 20
1,981 29
2,728 4
2,728 13
2,405 31
2,405 2
2,405 29
2,362 23
2,362 6
2,362 17
2,728 17
1,836 3
1,836 8
978 7
978 1
978 6
1,310 15
1,310 1
1,310 14
1,836 11
Page: 3 of 6
0000158 0000158
Polling 101 2 0 Polling 2 2.02%6.06%4
Vote by Mail 609 12 1 Vote by Mail 9 1.51%1.85%11
Total 710 14 1 Total 11 1.58%2.45%15
0000159 0000159
Polling 2 0 0 Polling 0 0.00%0.00%0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 2 0 0 Total 0 0.00%0.00%0
0000160 0000160
Polling 0 0 0 Polling 0 0
Vote by Mail 1 0 0 Vote by Mail 0 0.00%0.00%1
Total 1 0 0 Total 0 0.00%0.00%1
0000161 0000161
Polling 156 4 0 Polling 1 0.66%3.95%1
Vote by Mail 835 6 0 Vote by Mail 9 1.09%1.93%11
Total 991 10 0 Total 10 1.02%2.24%12
0000172 0000172
Polling 76 3 0 Polling 2 2.74%1.37%0
Vote by Mail 534 12 0 Vote by Mail 3 0.57%1.15%12
Total 610 15 0 Total 5 0.84%1.18%12
0000173 0000173
Polling 53 6 0 Polling 1 2.13%2.13%0
Vote by Mail 381 3 1 Vote by Mail 11 2.92%2.92%13
Total 434 9 1 Total 12 2.83%2.83%13
0000174 0000174
Polling 84 0 0 Polling 6 7.14%0.00%4
Vote by Mail 481 12 0 Vote by Mail 4 0.85%0.43%2
Total 565 12 0 Total 10 1.81%0.36%6
0000175 0000175
Polling 1 0 0 Polling 0 0.00%0.00%0
Vote by Mail 44 1 0 Vote by Mail 1 2.33%2.33%1
Total 45 1 0 Total 1 2.27%2.27%1
0000176 0000176
Polling 100 1 0 Polling 4 4.04%13.13%1
Vote by Mail 664 19 1 Vote by Mail 23 3.57%3.57%15
Total 764 20 1 Total 27 3.63%4.85%16
8 0
8 0
1,861 17
1,861 6
1,861 11
2 0
2 0
2 0
8 0
1,404 1
1,404 6
2,626 22
2,626 6
2,626 16
1,445 12
1,445 1
1,445 11
1,404 7
63 0
63 1
1,375 2
1,375 0
1,375 2
2,021 36
2,021 13
2,021 23
63 1
Page: 3 of 6
0000177 0000177
Polling 103 3 0 Polling 5 5.00%5.00%5
Vote by Mail 552 9 0 Vote by Mail 15 2.76%4.42%5
Total 655 12 0 Total 20 3.11%4.51%10
0000178 0000178
Polling 4 0 0 Polling 0 0.00%25.00%0
Vote by Mail 65 0 0 Vote by Mail 5 7.69%1.54%1
Total 69 0 0 Total 5 7.25%2.90%1
0000179 0000179
Polling 37 4 0 Polling 1 3.03%3.03%1
Vote by Mail 245 6 1 Vote by Mail 7 2.94%2.10%4
Total 282 10 1 Total 8 2.95%2.21%5
0000180 0000180
Polling 51 2 0 Polling 2 4.08%4.08%0
Vote by Mail 409 10 0 Vote by Mail 9 2.26%2.51%6
Total 460 12 0 Total 11 2.46%2.68%6
0000181 0000181
Polling 129 4 0 Polling 4 3.20%3.20%2
Vote by Mail 797 24 0 Vote by Mail 9 1.16%1.42%4
Total 926 28 0 Total 13 1.45%1.67%6
0000182 0000182
Polling 0 0 0 Polling 0 0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 0 0 0 Total 0 0
0000183 0000183
Polling 0 0 0 Polling 0 0
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 0 0 0 Total 0 0
0000190 0000190
Polling 129 7 0 Polling 3 2.46%0.82%1
Vote by Mail 974 17 0 Vote by Mail 4 0.42%1.46%4
Total 1,103 24 0 Total 7 0.65%1.39%5
0000191 0000191
Polling 126 0 0 Polling 0 0.00%1.59%1
Vote by Mail 745 5 1 Vote by Mail 6 0.81%1.08%2
Total 871 5 1 Total 6 0.69%1.16%3
Electionwide - Total 101,007 2,203 66 Electionwide - Total 2,076 2.10%2.29%1,284
Countywide - Total 101,007 2,203 66 Countywide - Total 2,076 2.10%2.29%1,284
203 1
203 1
2,097 29
2,097 5
2,097 24
863 6
863 1
863 5
203 2
2,135 4
2,135 11
1,282 12
1,282 2
1,282 10
0 0
0 0
0 0
2,135 15
1,954 1
1,954 14
0 0
0 0
0 0
250,728 2,262
1,844 10
250,728 2,262
1,844 2
1,844 8
1,954 15
3.67%27.52%47 43.12%0 0.00%7 6.42%0 0.00%109 0
1.31%35.29%140 45.75%2 0.65%13 4.25%0 0.00%306 0
1.93%33.25%187 45.06%2 0.48%20 4.82%0 0.00%415 0
2.83%19.81%49 46.23%2 1.89%10 9.43%0 0.00%106 0
1.88%30.35%184 43.29%8 1.88%15 3.53%0 0.00%425 0
2.07%28.25%233 43.88%10 1.88%25 4.71%0 0.00%531 0
3.75%28.75%39 48.75%4 5.00%2 2.50%0 0.00%80 0
1.57%34.28%128 40.25%7 2.20%14 4.40%0 0.00%318 0
2.01%33.17%167 41.96%11 2.76%16 4.02%0 0.00%398 0
1.03%28.87%34 35.05%0 0.00%6 6.19%0 0.00%97 0
0.68%35.29%185 41.86%4 0.90%24 5.43%0 0.00%442 0
0.74%34.14%219 40.63%4 0.74%30 5.57%0 0.00%539 0
6.17%32.10%33 40.74%1 1.23%5 6.17%0 0.00%81 0
1.79%46.53%174 38.93%3 0.67%9 2.01%0 0.00%447 0
2.46%44.32%207 39.20%4 0.76%14 2.65%0 0.00%528 0
1.69%16.95%29 49.15%0 0.00%5 8.47%0 0.00%59 0
1.82%38.69%96 35.04%6 2.19%7 2.55%0 0.00%274 0
1.80%34.83%125 37.54%6 1.80%12 3.60%0 0.00%333 0
0.00%34.15%19 46.34%0 0.00%2 4.88%0 0.00%41 0
3.14%34.15%106 36.93%3 1.05%18 6.27%0 0.00%287 0
2.74%34.15%125 38.11%3 0.91%20 6.10%0 0.00%328 0
0.00%46.67%6 40.00%0 0.00%2 13.33%0 0.00%15 0
0 0 0 0 0 0
4/2/2020 3:19:33 PM
138
30
108
23
109
150
21
129
184
28
156
132
10
106
234
26
208
112
14
98
116
7
0
4/2/2020 3:19:33 PM
0.00%46.67%6 40.00%0 0.00%2 13.33%0 0.00%15 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0.98%20.54%301 73.59%0 0.00%7 1.71%0 0.00%409 0
1.11%38.50%558 56.53%9 0.91%12 1.22%0 0.00%987 0
1.07%33.24%859 61.53%9 0.64%19 1.36%0 0.00%1,396 0
1.86%19.07%154 71.63%1 0.47%7 3.26%0 0.00%215 0
0.70%28.91%476 66.48%3 0.42%10 1.40%0 0.00%716 0
0.97%26.64%630 67.67%4 0.43%17 1.83%0 0.00%931 0
2.22%32.59%65 48.15%2 1.48%6 4.44%0 0.00%135 0
1.81%49.46%192 34.66%8 1.44%20 3.61%0 0.00%554 0
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0
7
464
84
380
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44
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207
187
26
161
318
45
246
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171
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272
291
195
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168
4/2/2020 3:19:33 PM
3.85%25.00%30 57.69%1 1.92%1 1.92%0 0.00%52 0
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13
151
191
29
162
164
22
203
325
37
288
107
18
89
225
42
344
203
40
163
208
29
179
386
28
226
253
30
223
4/2/2020 3:19:33 PM
1.87%39.50%256 39.81%6 0.93%26 4.04%0 0.00%643 0
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158
18
140
254
12
149
139
25
114
186
26
160
161
20
106
147
16
131
135
17
118
126
24
164
213
25
188
188
4/2/2020 3:19:33 PM
1.61%32.26%30 48.39%1 1.61%4 6.45%0 0.00%62 0
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166
20
146
3
71
1
0
1
0
0
0
74
39
197
0
0
0
391
62
329
236
3
0
244
23
221
6
3
4/2/2020 3:19:33 PM
4.41%48.53%24 35.29%1 1.47%3 4.41%0 0.00%68 0
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39
33
44
309
2
1
1
322
36
286
353
20
216
317
38
279
333
45
288
236
20
200
289
39
250
290
56
234
220
4/2/2020 3:19:33 PM
2.54%35.59%50 42.37%0 0.00%6 5.08%0 0.00%118 0
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2
0
446
42
404
283
26
257
2
3
38
214
26
188
29
7
22
41
16
94
322
36
286
212
23
189
110
4/2/2020 3:19:33 PM
3.41%29.55%55 62.50%1 1.14%1 1.14%0 0.00%88 0
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19
102
205
26
179
0
0
0
121
8
102
336
57
279
284
24
260
110
28
269
259
32
227
357
29
328
297
32
4/2/2020 3:19:33 PM
2.33%40.86%149 49.50%1 0.33%7 2.33%0 0.00%301 0
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1
18
155
123
4
0
4
19
74
553
895
82
813
401
79
322
627
42
394
0
0
0
106
13
93
436
56
834
4/2/2020 3:19:33 PM
0.37%66.07%418 31.03%4 0.30%10 0.74%0 0.00%1,347 0
1.89%40.25%86 54.09%0 0.00%1 0.63%0 0.00%159 0
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1.03%49.48%88 45.36%0 0.00%3 1.55%0 0.00%194 0
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1.21%49.96%505 43.50%3 0.26%25 2.15%0 0.00%1,161 0
2.17%47.83%21 45.65%0 0.00%2 4.35%0 0.00%46 0
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0.80%48.39%317 42.49%4 0.54%20 2.68%0 0.00%746 0
5.44%35.37%68 46.26%0 0.00%11 7.48%0 0.00%147 0
1.25%55.64%327 37.29%4 0.46%18 2.05%0 0.00%877 0
1.86%52.73%395 38.57%4 0.39%29 2.83%0 0.00%1,024 0
0.00%31.29%83 56.46%0 0.00%5 3.40%0 0.00%147 0
0.53%52.92%319 42.31%4 0.53%10 1.33%0 0.00%754 0
0.44%49.39%402 44.62%4 0.44%15 1.66%0 0.00%901 0
64
594
890
1,345
96
1,249
658
62
948
641
61
580
580
54
526
1,010
44
317
493
22
471
540
52
488
361
445
46
399
4/2/2020 3:19:33 PM
4.92%29.51%52 42.62%4 3.28%13 10.66%0 0.00%122 0
1.73%39.88%153 44.22%4 1.16%18 5.20%0 0.00%346 0
2.56%37.18%205 43.80%8 1.71%31 6.62%0 0.00%468 0
2.91%50.00%62 36.05%0 0.00%10 5.81%0 0.00%172 0
0.74%59.90%508 37.38%0 0.00%12 0.88%0 0.00%1,359 0
0.98%58.79%570 37.23%0 0.00%22 1.44%0 0.00%1,531 0
2.33%44.19%57 44.19%1 0.78%5 3.88%0 0.00%129 0
0.58%58.78%386 37.26%1 0.10%18 1.74%0 0.00%1,036 0
0.77%57.17%443 38.03%2 0.17%23 1.97%0 0.00%1,165 0
0.00%24.39%24 58.54%1 2.44%2 4.88%0 0.00%41 0
4.00%44.67%64 42.67%1 0.67%6 4.00%0 0.00%150 0
3.14%40.31%88 46.07%2 1.05%8 4.19%0 0.00%191 0
1.04%55.21%40 41.67%0 0.00%1 1.04%0 0.00%96 0
1.53%57.18%317 37.29%1 0.12%17 2.00%0 0.00%850 0
1.48%56.98%357 37.74%1 0.11%18 1.90%0 0.00%946 0
0.00%42.25%37 52.11%0 0.00%0 0.00%0 0.00%71 0
1.28%52.79%254 40.51%0 0.00%11 1.75%0 0.00%627 0
1.15%51.72%291 41.69%0 0.00%11 1.58%0 0.00%698 0
0.81%33.33%69 56.10%0 0.00%4 3.25%0 0.00%123 0
1.61%42.52%349 51.17%0 0.00%5 0.73%0 0.00%682 0
1.49%41.12%418 51.93%0 0.00%9 1.12%0 0.00%805 0
1.80%38.74%59 53.15%1 0.90%3 2.70%0 0.00%111 0
1.45%49.71%295 42.63%4 0.58%13 1.88%0 0.00%692 0
1.49%48.19%354 44.08%5 0.62%16 1.99%0 0.00%803 0
6.41%28.21%35 44.87%2 2.56%4 5.13%0 0.00%78 0
0.45%43.50%113 50.67%3 1.35%4 1.79%0 0.00%223 0
1.99%39.53%148 49.17%5 1.66%8 2.66%0 0.00%301 0
0.00%33.33%47 58.02%1 1.23%5 6.17%0 0.00%81 0
0.72%53.48%170 40.77%1 0.24%12 2.88%0 0.00%417 0
36
138
900
86
814
174
10
67
666
57
609
539
53
486
77
41
290
361
30
331
387
43
344
331
27
223
119
22
97
4/2/2020 3:19:33 PM
0.60%50.20%217 43.57%2 0.40%17 3.41%0 0.00%498 0
0.00%33.80%38 53.52%1 1.41%2 2.82%0 0.00%71 0
0.95%49.21%122 38.49%1 0.32%13 4.10%0 0.00%317 0
0.77%46.39%160 41.24%2 0.52%15 3.87%0 0.00%388 0
4.40%35.16%43 47.25%3 3.30%1 1.10%0 0.00%91 0
0.98%52.21%162 39.71%1 0.25%7 1.72%0 0.00%408 0
1.60%49.10%205 41.08%4 0.80%8 1.60%0 0.00%499 0
0.58%45.35%77 44.77%1 0.58%9 5.23%0 0.00%172 0
0.51%60.08%420 35.59%2 0.17%20 1.69%0 0.00%1,180 0
0.52%58.21%497 36.76%3 0.22%29 2.14%0 0.00%1,352 0
0.93%58.33%81 37.50%0 0.00%3 1.39%0 0.00%216 0
0.40%69.95%498 28.34%2 0.11%14 0.80%0 0.00%1,757 0
0.46%68.68%579 29.35%2 0.10%17 0.86%0 0.00%1,973 0
0.00%63.31%42 30.22%1 0.72%2 1.44%0 0.00%139 0
0.48%68.34%346 27.95%8 0.65%13 1.05%0 0.00%1,238 0
0.44%67.83%388 28.18%9 0.65%15 1.09%0 0.00%1,377 0
0.56%64.25%55 30.73%1 0.56%5 2.79%0 0.00%179 0
0.06%74.16%396 23.86%0 0.00%20 1.20%0 0.00%1,660 0
0.11%73.19%451 24.52%1 0.05%25 1.36%0 0.00%1,839 0
2.25%52.25%66 37.08%1 0.56%7 3.93%0 0.00%178 0
0.89%65.99%379 30.61%1 0.08%9 0.73%0 0.00%1,238 0
1.06%64.27%445 31.43%2 0.14%16 1.13%0 0.00%1,416 0
2.13%54.61%101 35.82%1 0.35%12 4.26%0 0.00%282 0
0.61%65.79%465 31.44%3 0.20%13 0.88%0 0.00%1,479 0
0.85%64.00%566 32.14%4 0.23%25 1.42%0 0.00%1,761 0
1.11%55.56%66 36.67%0 0.00%4 2.22%0 0.00%180 0
1.12%65.71%380 30.30%3 0.24%13 1.04%0 0.00%1,254 0
1.12%64.44%446 31.10%3 0.21%17 1.19%0 0.00%1,434 0
180
24
156
250
78
709
245
32
213
1,355
126
1,229
787
115
1,231
934
88
846
910
93
817
1,346
100
824
1,127
154
973
924
4/2/2020 3:19:33 PM
2.96%54.44%60 35.50%1 0.59%4 2.37%0 0.00%169 0
0.49%64.31%468 32.75%5 0.35%15 1.05%0 0.00%1,429 0
0.75%63.27%528 33.04%6 0.38%19 1.19%0 0.00%1,598 0
1.05%51.58%83 43.68%1 0.53%2 1.05%0 0.00%190 0
0.34%64.81%491 33.36%1 0.07%11 0.75%0 0.00%1,472 0
0.42%63.30%574 34.54%2 0.12%13 0.78%0 0.00%1,662 0
2.46%62.07%65 32.02%0 0.00%0 0.00%0 0.00%203 0
0.86%65.98%458 30.43%3 0.20%23 1.53%0 0.00%1,505 0
1.05%65.52%523 30.62%3 0.18%23 1.35%0 0.00%1,708 0
1.40%48.84%88 40.93%2 0.93%12 5.58%0 0.00%215 0
0.31%65.64%400 30.89%11 0.85%12 0.93%0 0.00%1,295 0
0.46%63.25%488 32.32%13 0.86%24 1.59%0 0.00%1,510 0
1.29%43.87%72 46.45%0 0.00%5 3.23%0 0.00%155 0
1.02%62.86%388 33.05%2 0.17%12 1.02%0 0.00%1,174 0
1.05%60.65%460 34.61%2 0.15%17 1.28%0 0.00%1,329 0
2.98%48.81%75 44.64%0 0.00%3 1.79%0 0.00%168 0
1.48%59.13%361 35.64%1 0.10%16 1.58%0 0.00%1,013 0
1.69%57.66%436 36.92%1 0.08%19 1.61%0 0.00%1,181 0
3.39%49.15%51 43.22%0 0.00%3 2.54%0 0.00%118 0
0.54%69.07%474 28.52%2 0.12%16 0.96%0 0.00%1,662 0
0.73%67.75%525 29.49%2 0.11%19 1.07%0 0.00%1,780 0
1.57%45.67%55 43.31%1 0.79%4 3.15%0 0.00%127 0
1.54%59.85%318 34.98%1 0.11%15 1.65%0 0.00%909 0
1.54%58.11%373 36.00%2 0.19%19 1.83%0 0.00%1,036 0
1.59%33.33%71 56.35%0 0.00%2 1.59%0 0.00%126 0
1.49%46.13%141 41.96%1 0.30%11 3.27%0 0.00%336 0
1.52%42.64%212 45.89%1 0.22%13 2.81%0 0.00%462 0
0 0 0 0 0 0
0.00%0.00%1 100.00%0 0.00%0 0.00%0 0.00%1 0
1,011
92
919
126
993
1,052
98
954
955
105
850
1,119
82
599
806
68
738
1,206
58
1,148
681
42
155
602
58
544
0
0
197
4/2/2020 3:19:33 PM
0.00%0.00%1 100.00%0 0.00%0 0.00%0 0.00%1 0
100.00%0.00%0 0.00%0 0.00%0 0.00%0 0.00%1 0
0.00%0.00%1 100.00%0 0.00%0 0.00%0 0.00%1 0
50.00%0.00%1 50.00%0 0.00%0 0.00%0 0.00%2 0
3.39%34.75%57 48.31%2 1.69%7 5.93%0 0.00%118 0
1.09%57.54%206 32.04%6 0.93%18 2.80%0 0.00%643 0
1.45%54.01%263 34.56%8 1.05%25 3.29%0 0.00%761 0
0.85%36.44%62 52.54%0 0.00%0 0.00%0 0.00%118 0
1.25%51.34%230 41.14%1 0.18%7 1.25%0 0.00%559 0
1.18%48.74%292 43.13%1 0.15%7 1.03%0 0.00%677 0
3.10%37.98%73 56.59%0 0.00%1 0.78%0 0.00%129 0
1.71%55.03%347 37.15%1 0.11%15 1.61%0 0.00%934 0
1.88%52.96%420 39.51%1 0.09%16 1.51%0 0.00%1,063 0
1.43%42.86%70 50.00%0 0.00%1 0.71%0 0.00%140 0
0.38%59.25%374 35.28%2 0.19%30 2.83%0 0.00%1,060 0
0.50%57.33%444 37.00%2 0.17%31 2.58%0 0.00%1,200 0
0.76%37.88%69 52.27%1 0.76%3 2.27%0 0.00%132 0
1.29%53.80%346 40.47%0 0.00%12 1.40%0 0.00%855 0
1.22%51.67%415 42.05%1 0.10%15 1.52%0 0.00%987 0
0.00%34.62%31 59.62%0 0.00%1 1.92%0 0.00%52 0
0.00%56.27%134 39.07%5 1.46%4 1.17%0 0.00%343 0
0.00%53.42%165 41.77%5 1.27%5 1.27%0 0.00%395 0
1.85%49.07%48 44.44%0 0.00%2 1.85%0 0.00%108 0
0.83%55.70%240 39.67%2 0.33%7 1.16%0 0.00%605 0
0.98%54.70%288 40.39%2 0.28%9 1.26%0 0.00%713 0
1.64%52.46%22 36.07%0 0.00%3 4.92%0 0.00%61 0
0.26%55.87%135 34.44%1 0.26%10 2.55%0 0.00%392 0
0.44%55.41%157 34.66%1 0.22%13 2.87%0 0.00%453 0
0
41
370
0
0
0
330
43
287
411
60
628
563
49
514
510
50
460
688
53
337
211
18
193
251
32
219
390
4/2/2020 3:19:33 PM
4.04%45.45%42 42.42%0 0.00%0 0.00%0 0.00%99 0
1.85%48.49%261 43.79%3 0.50%12 2.01%0 0.00%596 0
2.16%48.06%303 43.60%3 0.43%12 1.73%0 0.00%695 0
0.00%0.00%2 100.00%0 0.00%0 0.00%0 0.00%2 0
0 0 0 0 0 0
0.00%0.00%2 100.00%0 0.00%0 0.00%0 0.00%2 0
0 0 0 0 0 0
100.00%0.00%0 0.00%0 0.00%0 0.00%0 0.00%1 0
100.00%0.00%0 0.00%0 0.00%0 0.00%0 0.00%1 0
0.66%42.11%74 48.68%1 0.66%5 3.29%0 0.00%152 0
1.33%53.92%320 38.60%2 0.24%24 2.90%0 0.00%829 0
1.22%52.09%394 40.16%3 0.31%29 2.96%0 0.00%981 0
0.00%53.42%30 41.10%0 0.00%1 1.37%0 0.00%73 0
2.30%63.41%161 30.84%3 0.57%6 1.15%0 0.00%522 0
2.02%62.18%191 32.10%3 0.50%7 1.18%0 0.00%595 0
0.00%34.04%29 61.70%0 0.00%0 0.00%0 0.00%47 0
3.45%49.07%143 37.93%3 0.80%11 2.92%0 0.00%377 0
3.07%47.41%172 40.57%3 0.71%11 2.59%0 0.00%424 0
4.76%39.29%37 44.05%0 0.00%4 4.76%0 0.00%84 0
0.43%59.49%174 37.10%2 0.43%6 1.28%0 0.00%469 0
1.08%56.42%211 38.16%2 0.36%10 1.81%0 0.00%553 0
0.00%0.00%1 100.00%0 0.00%0 0.00%0 0.00%1 0
2.33%48.84%19 44.19%0 0.00%0 0.00%0 0.00%43 0
2.27%47.73%20 45.45%0 0.00%0 0.00%0 0.00%44 0
1.01%33.33%44 44.44%0 0.00%4 4.04%0 0.00%99 0
2.33%44.41%280 43.48%3 0.47%14 2.17%0 0.00%644 0
2.15%42.93%324 43.61%3 0.40%18 2.42%0 0.00%743 0
0
0
334
45
289
0
0
0
0
39
331
511
64
447
201
16
185
370
0
21
312
33
279
319
33
286
21
4/2/2020 3:19:33 PM
5.00%47.00%36 36.00%0 0.00%2 2.00%0 0.00%100 0
0.92%47.70%209 38.49%2 0.37%29 5.34%0 0.00%543 0
1.56%47.59%245 38.10%2 0.31%31 4.82%0 0.00%643 0
0.00%25.00%2 50.00%0 0.00%0 0.00%0 0.00%4 0
1.54%53.85%20 30.77%1 1.54%2 3.08%0 0.00%65 0
1.45%52.17%22 31.88%1 1.45%2 2.90%0 0.00%69 0
3.03%57.58%9 27.27%1 3.03%1 3.03%0 0.00%33 0
1.68%48.74%94 39.50%1 0.42%11 4.62%0 0.00%238 0
1.85%49.82%103 38.01%2 0.74%12 4.43%0 0.00%271 0
0.00%34.69%26 53.06%0 0.00%2 4.08%0 0.00%49 0
1.50%53.38%152 38.10%0 0.00%9 2.26%0 0.00%399 0
1.34%51.34%178 39.73%0 0.00%11 2.46%0 0.00%448 0
1.60%52.00%45 36.00%2 1.60%3 2.40%0 0.00%125 0
0.52%60.93%263 34.02%5 0.65%10 1.29%0 0.00%773 0
0.67%59.69%308 34.30%7 0.78%13 1.45%0 0.00%898 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0.82%54.10%50 40.98%0 0.00%1 0.82%0 0.00%122 0
0.42%66.46%287 29.99%1 0.10%11 1.15%0 0.00%957 0
0.46%65.06%337 31.23%1 0.09%12 1.11%0 0.00%1,079 0
0.79%55.56%51 40.48%1 0.79%1 0.79%0 0.00%126 0
0.27%59.00%276 37.35%3 0.41%8 1.08%0 0.00%739 0
0.35%58.50%327 37.80%4 0.46%9 1.04%0 0.00%865 0
1.30%51.56%39,430 39.93%510 0.52%2,262 2.29%0 0.00%98,738 0
1.30%51.56%39,430 39.93%510 0.52%2,262 2.29%0 0.00%98,738 0
1
35
306
47
259
135
19
116
36
65
471
230
17
213
0
0
0
536
66
636
0
0
0
50,914
506
50,914
70
436
702
Precinct Precinct
Countywide Countywide
Electionwide Electionwide
0000083 0000083
Polling 116 27 0 Polling 89 100.00%0.00%89
Vote by Mail 1,255 341 0 Vote by Mail 914 100.00%0.00%914
Total 1,371 368 0 Total 1,003 100.00%0.00%1,003
0000084 0000084
Polling 159 52 0 Polling 107 100.00%0.00%107
Vote by Mail 1,046 317 0 Vote by Mail 729 100.00%0.00%729
Total 1,205 369 0 Total 836 100.00%0.00%836
0000085 0000085
Polling 199 74 0 Polling 125 100.00%0.00%125
Vote by Mail 1,977 612 0 Vote by Mail 1,365 100.00%0.00%1,365
Total 2,176 686 0 Total 1,490 100.00%0.00%1,490
0000086 0000086
Polling 156 55 0 Polling 101 100.00%0.00%101
Vote by Mail 1,054 314 0 Vote by Mail 740 100.00%0.00%740
Total 1,210 369 0 Total 841 100.00%0.00%841
0000087 0000087
Polling 150 65 0 Polling 85 100.00%0.00%85
Vote by Mail 1,555 503 0 Vote by Mail 1,052 100.00%0.00%1,052
Total 1,705 568 0 Total 1,137 100.00%0.00%1,137
0000088 0000088
Polling 144 57 0 Polling 87 100.00%0.00%87
Vote by Mail 1,040 402 0 Vote by Mail 638 100.00%0.00%638
Total 1,184 459 0 Total 725 100.00%0.00%725
Page: 4 of 6
Fresno City Council No 2 (Vote for 1)
2,230 0
2,230 0
2,529 0
2,529 0
2,529 0
3,302 0
3,302 0
2,230 0
3,302 0
2,866 0
2,866 0
2,357 0
2,357 0
2,357 0
2,579 0
2,579 0
2,866 0
2,579 0
Page: 4 of 6
0000089 0000089
Polling 48 16 0 Polling 32 100.00%0.00%32
Vote by Mail 757 280 0 Vote by Mail 477 100.00%0.00%477
Total 805 296 0 Total 509 100.00%0.00%509
0000118 0000118
Polling 121 46 0 Polling 75 100.00%0.00%75
Vote by Mail 1,703 530 0 Vote by Mail 1,173 100.00%0.00%1,173
Total 1,824 576 0 Total 1,248 100.00%0.00%1,248
0000119 0000119
Polling 134 42 0 Polling 92 100.00%0.00%92
Vote by Mail 926 298 0 Vote by Mail 628 100.00%0.00%628
Total 1,060 340 0 Total 720 100.00%0.00%720
0000120 0000120
Polling 132 43 0 Polling 89 100.00%0.00%89
Vote by Mail 340 105 0 Vote by Mail 235 100.00%0.00%235
Total 472 148 0 Total 324 100.00%0.00%324
0000150 0000150
Polling 123 40 0 Polling 83 100.00%0.00%83
Vote by Mail 667 234 0 Vote by Mail 433 100.00%0.00%433
Total 790 274 0 Total 516 100.00%0.00%516
0000151 0000151
Polling 122 44 0 Polling 78 100.00%0.00%78
Vote by Mail 571 192 0 Vote by Mail 379 100.00%0.00%379
Total 693 236 0 Total 457 100.00%0.00%457
0000152 0000152
Polling 132 39 0 Polling 93 100.00%0.00%93
Vote by Mail 955 334 0 Vote by Mail 621 100.00%0.00%621
Total 1,087 373 0 Total 714 100.00%0.00%714
0000153 0000153
Polling 145 39 0 Polling 106 100.00%0.00%106
2,989 0
2,989 0
1,191 0
1,191 0
1,191 0
2,065 0
2,065 0
2,989 0
2,065 0
1,981 0
1,981 0
1,643 0
1,643 0
1,643 0
1,840 0
1,840 0
1,981 0
1,840 0
2,728 0
2,405 0
2,405 0
2,405 0
Page: 4 of 6
Vote by Mail 1,081 337 0 Vote by Mail 744 100.00%0.00%744
Total 1,226 376 0 Total 850 100.00%0.00%850
0000154 0000154
Polling 132 31 0 Polling 101 100.00%0.00%101
Vote by Mail 869 304 0 Vote by Mail 565 100.00%0.00%565
Total 1,001 335 0 Total 666 100.00%0.00%666
0000155 0000155
Polling 53 12 0 Polling 41 100.00%0.00%41
Vote by Mail 349 120 0 Vote by Mail 229 100.00%0.00%229
Total 402 132 0 Total 270 100.00%0.00%270
0000156 0000156
Polling 114 36 0 Polling 78 100.00%0.00%78
Vote by Mail 619 210 0 Vote by Mail 409 100.00%0.00%409
Total 733 246 0 Total 487 100.00%0.00%487
0000180 0000180
Polling 51 15 0 Polling 36 100.00%0.00%36
Vote by Mail 409 125 0 Vote by Mail 284 100.00%0.00%284
Total 460 140 0 Total 320 100.00%0.00%320
0000181 0000181
Polling 129 49 0 Polling 80 100.00%0.00%80
Vote by Mail 797 248 0 Vote by Mail 549 100.00%0.00%549
Total 926 297 0 Total 629 100.00%0.00%629
0000190 0000190
Polling 129 37 0 Polling 92 100.00%0.00%92
Vote by Mail 974 284 0 Vote by Mail 690 100.00%0.00%690
Total 1,103 321 0 Total 782 100.00%0.00%782
0000191 0000191
Polling 126 35 0 Polling 91 100.00%0.00%91
Vote by Mail 745 225 0 Vote by Mail 520 100.00%0.00%520
2,728 0
2,362 0
2,362 0
2,728 0
2,362 0
1,836 0
1,836 0
978 0
978 0
978 0
1,282 0
1,282 0
1,836 0
1,282 0
1,954 0
1,954 0
2,135 0
2,135 0
2,135 0
1,844 0
1,954 0
1,844 0
Page: 4 of 6
Total 871 260 0 Total 611 100.00%0.00%611
Electionwide - Total 22,304 7,169 0 Electionwide - Total 15,135 100.00%0.00%15,135
Countywide - Total 22,304 7,169 0 Countywide - Total 15,135 100.00%0.00%15,13545,096 0
1,844 0
45,096 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4/2/2020 3:19:33 PM
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4/2/2020 3:19:33 PM
0
0
0
Precinct Precinct
Countywide Countywide
Electionwide Electionwide
0000042 0000042
Polling 106 24 0 Polling 45 54.88%45.12%0 0.00%
Vote by Mail 385 63 0 Vote by Mail 132 40.99%59.01%0 0.00%
Total 491 87 0 Total 177 43.81%56.19%0 0.00%
0000043 0000043
Polling 126 15 0 Polling 59 53.15%46.85%0 0.00%
Vote by Mail 659 51 2 Vote by Mail 291 48.02%51.98%0 0.00%
Total 785 66 2 Total 350 48.81%51.19%0 0.00%
0000044 0000044
Polling 82 12 0 Polling 34 48.57%51.43%0 0.00%
Vote by Mail 454 51 0 Vote by Mail 157 38.96%61.04%0 0.00%
Total 536 63 0 Total 191 40.38%59.62%0 0.00%
0000045 0000045
Polling 6 2 0 Polling 3 75.00%25.00%0 0.00%
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 6 2 0 Total 3 75.00%25.00%0 0.00%
0000046 0000046
Polling 11 1 0 Polling 6 60.00%40.00%0 0.00%
Vote by Mail 68 6 0 Vote by Mail 39 62.90%37.10%0 0.00%
Total 79 7 0 Total 45 62.50%37.50%0 0.00%
0000047 0000047
Polling 2 1 0 Polling 0 0.00%100.00%0 0.00%
Vote by Mail 2 0 0 Vote by Mail 1 50.00%50.00%0 0.00%
Total 4 1 0 Total 1 33.33%66.67%0 0.00%
0000058 0000058
Polling 96 16 0 Polling 42 52.50%47.50%0 0.00%
Vote by Mail 577 55 0 Vote by Mail 240 45.98%54.02%0 0.00%
Total 673 71 0 Total 282 46.84%53.16%0 0.00%
0000059 0000059
Polling 85 11 0 Polling 36 48.65%51.35%0 0.00%
Vote by Mail 426 50 0 Vote by Mail 170 45.21%54.79%0 0.00%
Page: 5 of 6 4/2/2020 3:19:33 PM
Fresno City Council No 4 (Vote for 1)
1,626 37
2,032 52
1,626 190
1,626 227
1,619 36
2,032 315
2,032 367
0 1
1,619 246
1,619 282
328 4
0 0
0 1
6 1
328 23
328 27
2,270 38
6 1
6 2
1,914 38
2,270 282
2,270 320
1,914 206
Page: 5 of 6 4/2/2020 3:19:33 PM
Total 511 61 0 Total 206 45.78%54.22%0 0.00%
0000060 0000060
Polling 12 2 0 Polling 4 40.00%60.00%0 0.00%
Vote by Mail 93 14 0 Vote by Mail 29 36.71%63.29%0 0.00%
Total 105 16 0 Total 33 37.08%62.92%0 0.00%
0000061 0000061
Polling 23 4 0 Polling 12 63.16%36.84%0 0.00%
Vote by Mail 91 21 0 Vote by Mail 43 61.43%38.57%0 0.00%
Total 114 25 0 Total 55 61.80%38.20%0 0.00%
0000077 0000077
Polling 150 18 0 Polling 65 49.24%50.76%0 0.00%
Vote by Mail 1,305 162 0 Vote by Mail 603 52.76%47.24%0 0.00%
Total 1,455 180 0 Total 668 52.39%47.61%0 0.00%
0000078 0000078
Polling 156 16 0 Polling 80 57.14%42.86%0 0.00%
Vote by Mail 928 126 0 Vote by Mail 419 52.24%47.76%0 0.00%
Total 1,084 142 0 Total 499 52.97%47.03%0 0.00%
0000079 0000079
Polling 186 23 0 Polling 75 46.01%53.99%0 0.00%
Vote by Mail 578 77 0 Vote by Mail 225 44.91%55.09%0 0.00%
Total 764 100 0 Total 300 45.18%54.82%0 0.00%
0000080 0000080
Polling 1 0 0 Polling 0 0.00%100.00%0 0.00%
Vote by Mail 0 0 0 Vote by Mail 0 0
Total 1 0 0 Total 0 0.00%100.00%0 0.00%
0000090 0000090
Polling 114 16 0 Polling 43 43.88%56.12%0 0.00%
Vote by Mail 645 70 1 Vote by Mail 282 49.13%50.87%0 0.00%
Total 759 86 1 Total 325 48.36%51.64%0 0.00%
0000091 0000091
Polling 156 33 1 Polling 66 54.10%45.90%0 0.00%
Vote by Mail 895 153 0 Vote by Mail 321 43.26%56.74%0 0.00%
Total 1,051 186 1 Total 387 44.79%55.21%0 0.00%
0000092 0000092
Polling 161 33 0 Polling 70 54.69%45.31%0 0.00%
Vote by Mail 772 100 1 Vote by Mail 310 46.20%53.80%0 0.00%
Total 933 133 1 Total 380 47.56%52.44%0 0.00%
0000093 0000093
377 6
1,914 244
416 7
377 50
377 56
3,236 67
416 27
416 34
2,438 60
3,236 540
3,236 607
1,844 88
2,438 383
2,438 443
0 1
1,844 276
1,844 364
2,081 55
0 0
0 1
2,506 56
2,081 292
2,081 347
2,196 58
2,506 421
2,506 477
2,196 361
2,196 419
Page: 5 of 6 4/2/2020 3:19:33 PM
Polling 136 33 0 Polling 64 62.14%37.86%0 0.00%
Vote by Mail 362 41 0 Vote by Mail 144 44.86%55.14%0 0.00%
Total 498 74 0 Total 208 49.06%50.94%0 0.00%
0000098 0000098
Polling 72 11 0 Polling 28 45.90%54.10%0 0.00%
Vote by Mail 640 55 2 Vote by Mail 255 43.74%56.26%0 0.00%
Total 712 66 2 Total 283 43.94%56.06%0 0.00%
0000099 0000099
Polling 125 18 0 Polling 54 50.47%49.53%0 0.00%
Vote by Mail 696 70 1 Vote by Mail 309 49.44%50.56%0 0.00%
Total 821 88 1 Total 363 49.59%50.41%0 0.00%
0000100 0000100
Polling 117 9 1 Polling 59 55.14%44.86%0 0.00%
Vote by Mail 698 53 0 Vote by Mail 299 46.36%53.64%0 0.00%
Total 815 62 1 Total 358 47.61%52.39%0 0.00%
0000101 0000101
Polling 83 15 0 Polling 40 58.82%41.18%0 0.00%
Vote by Mail 230 36 0 Vote by Mail 80 41.24%58.76%0 0.00%
Total 313 51 0 Total 120 45.80%54.20%0 0.00%
0000102 0000102
Polling 83 16 0 Polling 30 44.78%55.22%0 0.00%
Vote by Mail 428 44 0 Vote by Mail 171 44.53%55.47%0 0.00%
Total 511 60 0 Total 201 44.57%55.43%0 0.00%
Electionwide - Total 13,021 1,627 9 Electionwide - Total 5,435 47.74%52.26%0 0.00%
Countywide - Total 13,021 1,627 9 Countywide - Total 5,435 47.74%52.26%0 0.00%
1,512 39
1,653 33
1,512 177
1,512 216
2,147 53
1,653 328
1,653 361
2,083 48
2,147 316
2,147 369
1,007 28
2,083 346
2,083 394
1,381 37
1,007 114
1,007 142
34,672 5,950
34,672 5,950
1,381 213
1,381 250
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4/2/2020 3:19:33 PM
82
111
322
404
70
606
717
4
403
473
10
0
4
1
62
72
80
2
3
74
522
602
376
4/2/2020 3:19:33 PM
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
10
450
19
79
89
132
70
89
140
1,143
1,275
163
802
942
1
501
664
98
0
1
122
574
672
128
742
864
671
799
4/2/2020 3:19:33 PM
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
103
61
321
424
107
583
644
107
625
732
68
645
752
67
194
262
11,385
11,385
384
451
Precinct Precinct
Countywide Countywide
Electionwide Electionwide
0000094 0000094
Polling 180 57 0 Polling 123 100.00%0.00%123
Vote by Mail 1,376 468 0 Vote by Mail 908 100.00%0.00%908
Total 1,556 525 0 Total 1,031 100.00%0.00%1,031
0000095 0000095
Polling 131 44 0 Polling 87 100.00%0.00%87
Vote by Mail 1,054 345 0 Vote by Mail 709 100.00%0.00%709
Total 1,185 389 0 Total 796 100.00%0.00%796
0000096 0000096
Polling 41 10 0 Polling 31 100.00%0.00%31
Vote by Mail 153 61 0 Vote by Mail 92 100.00%0.00%92
Total 194 71 0 Total 123 100.00%0.00%123
0000097 0000097
Polling 96 26 0 Polling 70 100.00%0.00%70
Vote by Mail 862 290 0 Vote by Mail 572 100.00%0.00%572
Total 958 316 0 Total 642 100.00%0.00%642
0000105 0000105
Polling 183 74 0 Polling 109 100.00%0.00%109
Vote by Mail 1,218 402 0 Vote by Mail 816 100.00%0.00%816
Total 1,401 476 0 Total 925 100.00%0.00%925
0000106 0000106
Polling 222 76 0 Polling 146 100.00%0.00%146
Vote by Mail 1,789 588 0 Vote by Mail 1,201 100.00%0.00%1,201
Total 2,011 664 0 Total 1,347 100.00%0.00%1,347
Page: 6 of 6
Fresno City Council No 6 (Vote for 1)
2,875 0
2,875 0
2,875 0
2,473 0
760 0
2,473 0
2,473 0
1,922 0
1,922 0
1,922 0
760 0
760 0
2,673 0
3,216 0
2,673 0
2,673 0
3,216 0
3,216 0
Page: 6 of 6
0000107 0000107
Polling 143 49 0 Polling 94 100.00%0.00%94
Vote by Mail 1,257 432 0 Vote by Mail 825 100.00%0.00%825
Total 1,400 481 0 Total 919 100.00%0.00%919
0000108 0000108
Polling 183 42 0 Polling 141 100.00%0.00%141
Vote by Mail 1,698 512 0 Vote by Mail 1,186 100.00%0.00%1,186
Total 1,881 554 0 Total 1,327 100.00%0.00%1,327
0000109 0000109
Polling 181 58 0 Polling 123 100.00%0.00%123
Vote by Mail 1,274 405 0 Vote by Mail 869 100.00%0.00%869
Total 1,455 463 0 Total 992 100.00%0.00%992
0000110 0000110
Polling 290 90 0 Polling 200 100.00%0.00%200
Vote by Mail 1,512 486 0 Vote by Mail 1,026 100.00%0.00%1,026
Total 1,802 576 0 Total 1,226 100.00%0.00%1,226
0000111 0000111
Polling 184 59 0 Polling 125 100.00%0.00%125
Vote by Mail 1,282 444 0 Vote by Mail 838 100.00%0.00%838
Total 1,466 503 0 Total 963 100.00%0.00%963
0000112 0000112
Polling 174 57 0 Polling 117 100.00%0.00%117
Vote by Mail 1,470 486 0 Vote by Mail 984 100.00%0.00%984
Total 1,644 543 0 Total 1,101 100.00%0.00%1,101
0000113 0000113
Polling 195 68 0 Polling 127 100.00%0.00%127
Vote by Mail 1,506 514 0 Vote by Mail 992 100.00%0.00%992
Total 1,701 582 0 Total 1,119 100.00%0.00%1,119
0000114 0000114
Polling 211 58 0 Polling 153 100.00%0.00%153
2,707 0
2,707 0
2,707 0
3,287 0
2,796 0
3,287 0
3,287 0
3,204 0
3,204 0
3,204 0
2,796 0
2,796 0
2,785 0
3,138 0
2,785 0
2,785 0
2,773 0
2,773 0
2,773 0
3,138 0
3,138 0
3,009 0
Page: 6 of 6
Vote by Mail 1,543 484 0 Vote by Mail 1,059 100.00%0.00%1,059
Total 1,754 542 0 Total 1,212 100.00%0.00%1,212
0000115 0000115
Polling 219 66 0 Polling 153 100.00%0.00%153
Vote by Mail 1,322 431 0 Vote by Mail 891 100.00%0.00%891
Total 1,541 497 0 Total 1,044 100.00%0.00%1,044
0000116 0000116
Polling 161 51 0 Polling 110 100.00%0.00%110
Vote by Mail 1,202 414 0 Vote by Mail 788 100.00%0.00%788
Total 1,363 465 0 Total 898 100.00%0.00%898
0000117 0000117
Polling 173 64 0 Polling 109 100.00%0.00%109
Vote by Mail 1,028 330 0 Vote by Mail 698 100.00%0.00%698
Total 1,201 394 0 Total 807 100.00%0.00%807
Electionwide - Total 24,513 8,041 0 Electionwide - Total 16,472 100.00%0.00%16,472
Countywide - Total 24,513 8,041 0 Countywide - Total 16,472 100.00%0.00%16,472
3,009 0
2,876 0
3,009 0
2,876 0
2,876 0
2,876 0
2,876 0
2,876 0
2,280 0
45,650 0
45,650 0
2,280 0
2,280 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4/2/2020 3:19:33 PM
4/2/2020 3:19:33 PM
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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4/2/2020 3:19:33 PM
0
0
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00259 Agenda Date:4/9/2020 Agenda #:1-D
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
BY:JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division, Right of Way Section
SUBJECT
Actions pertaining to the summary vacation of access right restrictions on a portion of the west side
of North Weber Avenue, south of East Belmont Avenue (Council District 3)
1.Adopt a finding of Categorical Exemption per staff determination,pursuant to Section
15301(b,c),Class 1 (Existing Facilities)of the California Environmental Quality Act
(CEQA) Guidelines, Environmental Assessment Number PW00663.01 Weber.
2.***RESOLUTION -Ordering the vacation of access right restrictions on a portion of the
west side of North Weber Avenue, south of East Belmont Avenue (Subject to Mayor’s Veto)
RECOMMENDATIONS
Staff recommends the City Council to adopt a finding of Categorical Exemption per staff
determination,pursuant to Section 15301(b,c),Class 1 (Existing Facilities)of the California
Environmental Quality Act (CEQA)Guidelines,Environmental Assessment Number PW00663.01
Weber and adopt the attached resolution ordering the summary vacation of access right restrictions
on a portion of the west side of North Weber Avenue, south of East Belmont Avenue.
EXECUTIVE SUMMARY
Pacific Gas and Electric Company (PG&E)is requesting the vacation of access right restrictions on a
portion of the west side of North Weber Avenue,south of East Belmont Avenue as shown on Exhibit
“A”of the attached Resolution.The purpose of this vacation is to remove access restrictions to the
adjacent properties to the west of North Weber Avenue.
BACKGROUND
This access right restriction was reserved by grant deed to John W.Brooks and Molly G.Brooks from
City of Fresno Printed on 12/12/2022Page 1 of 3
powered by Legistar™
File #:ID 20-00259 Agenda Date:4/9/2020 Agenda #:1-D
This access right restriction was reserved by grant deed to John W.Brooks and Molly G.Brooks from
the City of Fresno,recorded July 17,1962 as Instrument Number 53959,in Book 4742,Pages 631
and 632,Official Records Fresno County.The proposed access restriction vacation is to correct the
reservation error.Having this access restriction remain in place would keep the adjacent properties
to the west of North Weber Avenue land locked,without access to a public street.The purpose of
this restriction is to allow the adjacent property owners and PG&E to have unrestricted access from a
public street and to accommodate development associated with California High Speed Rail project.
The Public Works Department has reviewed this proposal and determined the relinquishment of
direct access rights as shown on Exhibit “A”is not necessary at this location,said exhibit is included
in the attached Resolution.
City Attorney has approved the attached Resolution to Vacate as to form.
The vacation,if approved by the Council,will become effective when the vacating resolution is
recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined this
project falls within the Class 1 (b,c)Categorical Exemption set forth in Section 15301 of the
California Environmental Quality Act (CEQA)Guidelines.Section 15301(b,c),Class 1 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 both investor
and publicly owned utilities used to provide electric power,natural gas,sewage,or other public utility
services;and,existing highways and streets,sidewalks,gutters,bicycle and pedestrian trails,and
similar facilities (this includes road grading for the purpose of public safety).This project is removing
access restrictions from a public street to the adjacent properties to the west.This was an access
restriction reserved in error through a grant deed.This project does not propose any construction of
any improvements. It will not change the existing use of the property or the public street easement.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines,Section 15300.2
apply to this project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of an access restriction does not involve
bidding or contracting.
FISCAL IMPACT
This project has no impact to the General Fund and is located in Council District 3.The California
High Speed Rail Authority has paid all processing fees to cover staff cost in accordance with the
Master Fee Schedule.
Attachments:
City of Fresno Printed on 12/12/2022Page 2 of 3
powered by Legistar™
File #:ID 20-00259 Agenda Date:4/9/2020 Agenda #:1-D
Weber Access Restriction Vacation Vicinity Map
EA Number PW00663.01 Weber - CAT
Weber Access Restriction Summary Resolution to Vacate
City of Fresno Printed on 12/12/2022Page 3 of 3
powered by Legistar™
BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
ENGINEERING SERVICES DIVISION
DISTRICT 3
Assessor's Parcel Numbers
458-240-25 and 03
N
EXHIBIT "A"
OCTOBER 19, 2017
MAP THEREOF RECORDED
OF CALIFORNIA, ACCORDING TO
FRESNO, COUNTY OF FRESNO, STATE
MAP RW-M4015-1A2 IN THE CITY OF
Parcel "FB-10-0628" OF APPRAISAL
APN 96-093496, 458-240-25
UPRR RO
WN
W
eber AveParcel 458-240-03
Parcel FB-10-0628
12,945 SF
Email: daniel.wagner@parsons.com
Fresno, CA 93271
1401 Fulton St.
CA High Speed Rail Project
Parsons Corporation
Prepared by:
SCALE 1" = 70'-0"
N48°59'40"E
1.99'160.47'
249.98'N41°00'20"W106.61'
S48°59'40"W 134.07'
199.99'
137.98'
Parcel 458-240-04111.41'R=539.96' Δ=17°01'38"R=459.97' Δ=13°52'41"
S41°00'20"E
N48°59'40"EN54°27'56"WR=459.97' Δ=16°41'59"
N41°00'20"W
17.82'
51.40'
Parcel 459-023-55
Parcel 458-240-02T
E Belmont Ave
BE VACATED
RESTRICTIONS TO
INDICATES ACCESS
LEGEND
2 of 3
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The public interest and convenience require, and it is hereby ordered, that
as of April 9, 2020, the access right restrictions on the west side of North Weber
Avenue, south of East Belmont Avenue, as shown in Exhibit “A” be vacated.
2. The City Clerk shall certify to the passage of this Resolution and shall file
a certified copy, attested by the City Clerk under the seal of the City of Fresno, to be
recorded in the Office of the County Recorder of the County of Fresno, State of
California.
3. The City Clerk shall file a certified copy of the resolution for recordation in
the Office once all work associated with this requirement has been accepted by the City
Engineer or the Public Works Director.
4. This vacation shall become effective on the date this resolution is
recorded.
*************************
3 of 3
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 :
Mayor Approval: , 2020
Mayor Approval/No Return: , 2020
Mayor Veto: , 2020
Council Override Vote: , 2020
YVONNE SPENCE, MMC CRM
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
BY:
Talia Kolluri-Barbick Date
Deputy City Attorney
Attachment:
Exhibit “A”
PW File No. PW00663
N
EXHIBIT "A"
OCTOBER 19, 2017
MAP THEREOF RECORDED
OF CALIFORNIA, ACCORDING TO
FRESNO, COUNTY OF FRESNO, STATE
MAP RW-M4015-1A2 IN THE CITY OF
Parcel "FB-10-0628" OF APPRAISAL
APN 96-093496, 458-240-25
UPRR RO
WN
W
eber AveParcel 458-240-03
Parcel FB-10-0628
12,945 SF
Email: daniel.wagner@parsons.com
Fresno, CA 93271
1401 Fulton St.
CA High Speed Rail Project
Parsons Corporation
Prepared by:
SCALE 1" = 70'-0"
N48°59'40"E
1.99'160.47'
249.98'N41°00'20"W106.61'
S48°59'40"W 134.07'
199.99'
137.98'
Parcel 458-240-04111.41'R=539.96' Δ=17°01'38"R=459.97' Δ=13°52'41"
S41°00'20"E
N48°59'40"EN54°27'56"WR=459.97' Δ=16°41'59"
N41°00'20"W
17.82'
51.40'
Parcel 459-023-55
Parcel 458-240-02T
E Belmont Ave
BE VACATED
RESTRICTIONS TO
INDICATES ACCESS
LEGEND
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00429 Agenda Date:4/9/2020 Agenda #:1-E
REPORT TO THE CITY COUNCIL
April 9, 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:RANDY GUILL, Supervising Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION -Approving the Final Map of Tract No.6247,Phase 2 of Vesting Tentative Tract Map
No.5592,and accepting dedicated public uses offered therein except for dedications offered subject
to City acceptance of developer installed required improvements -Southwest corner of East Shields
Avenue and North Locan Avenue (Council District 4)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6247,
accepting the dedicated public uses offered therein,and to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider,BMCH California,LLC,a Delaware Limited Liability Company (W.Allen Bennett,
Division President,Central Valley Division),has filed for approval,the Final Map of Tract No.6247,
Phase 2 of Vesting Tentative Map No.5592,for a 131 lot single-family residential planned
development subdivision with four outlots for open space,park,landscaping and pedestrian
purposes,located on the southwest corner of East Shields Avenue and North Locan Avenue on 25.45
acres.
BACKGROUND
The Fresno City Planning Commission on February 22,2006,adopted Resolution No.12411,
approving Vesting Tentative Map No.5592 (Tentative Map)for a 258-lot single-family residential
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approving Vesting Tentative Map No.5592 (Tentative Map)for a 258-lot single-family residential
planned development subdivision on 53.55 acres.The Planning and Development Department
approved a revision to the Tentative Map on May 14,2018.The Tentative Map was approved
consistent with the Fresno General Plan and the McLane Community Plan to comply with the
provisions of the Subdivision Map Act.The Final Map is technically correct and conforms to the
approved Tentative Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions
of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance
with the approved tentative map to be approved by the City Council.
The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement
for Tract No.6247,submitted securities in the total amount of $1,617,000.00 to guarantee the
completion and acceptance of the public improvements and $808,500.00 for a payment security and
has paid the miscellaneous and development impact fees due as a condition of approval for the Final
Map in the amount of $497,336.37.Covenants have been executed to defer eligible development
impact fees totaling $1,073,466.17 to the time of issuance of building permit and final occupancy of
each unit,for annual CFD-11 assessment notification,for special solid waste disposal services for
certain lots,for deferring payment of the Fowler Sewer Trunk Line interim fee to the time of
occupancy,acknowledging right-to-farm law,for temporary storm drainage facilities and for
relinquishing access rights for certain lots.The City Attorney’s Office has approved all documents as
to form and the Risk Management Division has approved all security bonds and insurance
certificates.
MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain all
landscaped areas,trees and irrigation systems located within Outlots A through D,including the
entrance medians,concrete curbs and gutters,valley gutters,entrance median curb,Shields Avenue
median capping and maintenance band,sidewalks and curb ramps,hardscaping and park amenities,
local street paving,street name signage and street lights associated with the Final Map in
accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance
requirement by annexing the subdivision into the City’s CFD-11 on July 26, 2018.
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a
condition of the Subdivision Agreement,is required to provide every prospective purchaser of each
lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5
of the California Government Code.The maximum annual assessment is $731.47 per lot with an
annual 3%adjustment plus the increase,if any,in the construction cost index for the San Francisco
Region.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial
action and is exempt from the requirements of CEQA.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
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There will be no impact to the City’s General Fund.Approval by the Council will result in timely
deliverance of the review and processing of the Final Map as is reasonably expected by the
Subdivider.Prudent financial management is demonstrated by the expeditious completion of this
Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map
and that fee is, in turn, funding the respective operations of the Public Works Department.
Attachments:
Resolution
Final Map of Tract No. 6247
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TRACT NO. 6247
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00430 Agenda Date:4/9/2020 Agenda #:1-F
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH:WILLIAM C. HERR, Assistant Director
Public Works Department
BY:ANN D. KLOOSE, Sustainability Manager
Public Works Department
SUBJECT
Actions pertaining to the City of Fresno Electric Vehicle Charging Pilot Program (Citywide)
1.***RESOLUTION -37th Amendment to the Annual Appropriation Resolution (AAR)No.2019-
133 appropriating $783,000 for the Electric Vehicle Charging Pilot Program Project (Requires
5 votes) (Subject to Mayor’s Veto)
2.Adopt a finding of Categorical Exemption per staff determination,pursuant to Section 15301
(a), (b), and (c) of the California Environmental Quality Act guidelines
3.Award a contract to Turn Key Construction and Solar,Inc.,of Fresno,CA in an amount of
$783,000 to install electric vehicle chargers at City owned property utilizing state and local
grant funding
RECOMMENDATIONS
Staff recommends that City Council award a contract to Turn Key Construction and Solar,Inc.,for the
installation of up to 87 electric vehicle (EV)charging stations at City owned sites Citywide,authorize
the Director of Public Works,or designee,to sign all documents on behalf of the City,and approve
the AAR Resolution in the amount of $783,000 to provide for expenses covered by the grant(s)funds
of $783,000,which will be utilized to purchase and install the charging stations.The remaining
$152,404 project cost will be included in the proposed FY2021 budget.
EXECUTIVE SUMMARY
The Sustainability Division of the Public Works Department has secured $783,000 in total grant
program funds from the California Energy Commission and the San Joaquin Valley Air Pollution
Control District for the purchase and installation of up to 87 new electric vehicle chargers in City
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Control District for the purchase and installation of up to 87 new electric vehicle chargers in City
owned parking stalls throughout Fresno.This grant action was approved by Resolution by the
Council on December 12,2019.The intent of the EV Charging Pilot Program is to increase the
number of publicly available EV Chargers throughout the City,increase the number of EVs in our
community,and help reduce vehicle emissions to improve air quality in the Central Valley.The City is
pursuing this Program with the goal of having minimal out-of-pocket expenses during the equipment
acquisition and installation phase of the project.The action(s)before the Council will award a
contract to a local vendor,Turn Key Construction and Solar,Inc.,to acquire and install EV chargers
in phases at previously identified City locations.The City will contract with Chargepoint,the nation’s
leading EV charging provider,for network services and operations.All EV charging fees will be held
to a minimum and based on cost recovery.This AAR will provide up to $783,000 for the grant
covered expenses,with the remaining $152,404 in additional City funding proposed in the FY2021 to
cover costs not covered by the grants such as City building permits,additional onsite construction,
and electrical expenses.
BACKGROUND
According to the California Air Resources Board (CARB),vehicle emissions are the number one
contributor of greenhouse gases.California is currently significantly off pace to meet its goals of 5
million EVs on the road by 2030 and 250,000 EV charging stations by 2025.The lack of publicly
available chargers is considered to be playing a role in the diminished confidence and “range anxiety”
of California drivers,and is impacting their decision to switch to EVs.The EV Charging Pilot Program
is intended to expand accessibility of EV chargers to City staff and members of the public throughout
the City of Fresno in order to encourage long term adoption of EVs and improve air quality in the
Central Valley.
Turn Key Construction and Solar,Inc.,of Fresno has been identified as the preferred vendor and staff
recommends that a contract be awarded using the City’s “Piggy Back”procurement process.During
the selection process,three vendors were interviewed prior to the selection of Turn Key Construction
and Solar,Inc.,including Alco Building Solutions,Inc.,with offices in Northern and Southern
California and Smart Charge America of Austin,TX.Turn Key Construction and Solar,Inc.,
possesses expansive experience and knowledge both statewide and here in Fresno regarding EV
charging equipment and programs,and was confidently selected for this project.The City is fortunate
that this local vendor has already committed to this Pilot Program by assisting the City with meeting
the October 1,2019,grant application(s)deadline,completing pre-assessments of City sites,and
equipment acquisitions.
There have been in excess of 12 City owned locations identified Citywide for consideration which will
be pursued in three phases.The condition of the grant(s)state that EV Chargers cannot be installed
in “assigned”stalls or parking lots that are not available to the public.Attached is the document which
lists the proposed locations and preliminary cost estimates per site.Currently these locations,which
were identified prior to the October 1,2019 application deadline,are going through a complete
analysis to determine the most feasible placement that will fit within the parameters of the Pilot
Program and grant requirements.These locations are not transferrable as per the grant terms,and
will be finalized depending upon readily available electric infrastructure to allow for immediate
installation within the grant deadlines.This approach is being taken to reduce costs and keep
installation affordable and within the available limited funding.The Council will receive an updated
Pilot Program status report and recommendation,once the installation site assessments are
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complete.
This action is time sensitive as the grant deadline requires all EV chargers be installed within 180
days of grant acceptance.The initial deadline occurs in April 2020,and extensions can be granted
based on municipal requirements for procurement and permitting,and should include project
progress being demonstrated. Staff has begun the process of requesting an extension.
ENVIRONMENTAL FINDINGS
By the definition in the California Environmental Quality Act (CEQA)Guidelines 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 Section 15301(a),15301(b),and 15301 (c),
which exempts the repair,maintenance,or minor alteration of existing structures or facilities,with no
further expansion of existing use.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,
therefore the project is exempt.
LOCAL PREFERENCE
Local preference was not implemented because this is a cooperative purchase.City staff was
fortunate to receive a strong reference for a local vendor who was selected to provide this service to
the City.
FISCAL IMPACT
The grant(s)funding includes $783,000 for the acquisition and installation of EV chargers.The
impact to the City budget is limited to $152,404 which will be included in the proposed FY2021
budget.
Attachments:
Resolution
Cooperative Purchase Agreement
EV Charging Pilot Program Presentation
EV Charging Proposed Locations
Exhibit A Original Government Contract
Exhibit B City’s Insurance and Indemnity
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Date Adopted:
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Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 37th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2019-133 APPROPRIATING
$783,000 FOR THE ELECTRIC VEHICLE CHARGING PILOT
PROGRAM PROJECT
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: PUBLIC WORKS DEPARTMENT
State Grants-Public Works $ 348,000
Lcal Agncy Prj Fndng-Pub Works 435,000
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
State Grants-Public Works
Revenues:
Account: 33401 State-Grant $ 348,000
Fund: 22056
Org Unit: 189901
Total Revenues $ 348,000
Appropriations:
Account: 57507 Contract Construction $ 348,000
Fund: 22056
Org Unit: 189901
Project: PW00918
Total Appropriations $ 348,000
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Increase/(Decrease)
Lcal Agncy Prj Fndng-Pub Works
Revenues:
Account: 34855 Contributions For Facilities $ 435,000
Fund: 30144
Org Unit: 189901
Total Revenues $ 435,000
Appropriations:
Account: 57507 Contract Construction $ 435,000
Fund: 30144
Org Unit: 189901
Project: PW00918
Total Appropriations $ 435,000
THAT the purpose is to appropriate $783,000 for the Electric Vehicle Charging Pilot Program
Project.
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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
COOPERATIVE PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into effective the 9th day of April 2020, by and
between CITY OF FRESNO , a California municipal corporation (City), and TURN KEY
CONSTRUCTION AND SOLAR , INC ., a California corporation (Vendor).
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. The Charter for the City allows for cooperative purchase agreements for
work of public improvement. The City is allowed to use an existing government agency's
agreement, as an exception to the competitive bidding requirements of Fresno City
Charter Section 1208. The Parties agree that the Vendor has entered a contract with
Kerman Unified School District (Original Government Contract).
2. Vendor's Obligation. Vendor shall provide those services and carry out that
work described in the Original Government Contract, which is attached hereto as Exhibit
A and is incorporated herein by reference , subject to all the terms and conditions
contained or incorporated herein.
3. City's Obligation. City shall make to the Vendor those payments described
in Exhibit A, subject to all the terms and condition contained or incorporated herein .
4 . Notwithstanding the requirements that the Original Government Contract is
fully binding on the Parties, the parties have agreed to modify certain non-material
provisions of the Original Government Contract as applied to this Agreement between the
Vendor and the City, as follows:
a) City's Insurance and Indemnity provisions attached as Exhibit B .
b) Address change for the City : Notwithstanding the address and
contract information for the government entity as set out in Exhibit A, the Vendor agrees
that notices and invoices will be sent to:
City of Fresno
Attention : Ann Kloose
2600 Fresno Street Room 4016
Fresno, CA 93721
Phone : 559-621-8179
c) Notwithstanding anything in Exhibit A to the contrary, 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.
FIN-B Product Cooperative Purch Agt-DPW (01-21-2020) -1-
d) All other provisions in the Original Government Contract are fully
binding on the parties and will represent the agreement between the City and the Vendor.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
FIN-B Product Cooperative Purch Agt-DPW (01-21-2020) -2-
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written .
CITY OF FRESNO,
a California municipal corporation
By:-------------
Scott Mozier
Director of Public Works
APPROVED AS TO FORM :
DOUGLAS T. SL N
City A
By: ~""--=:::.,__-----,--___ 3._,_0.....,~,-~-
~r<U'CWn l'v\, tollef-
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
Date
By:-------------
Deputy
Addresses:
CITY
City of Fresno
Attention: Ann Kloose
2600 Fresno Street Room 4016
Fresno, CA 93721
Phone: 559-621-8179
Attachments:
Date
Exhibit A-Original Government Contract
Exhibit B-City 's Insurance and Indemnity
FIN-B Product Co operative Purch Agt-DPW (01-21-20 20) -3-
Turn Key Construction and Solar, Inc, a
California c rpo ra tion
By: __ .JLJ_~===========--==---
J e_ff -~ \« fVCfy\~ Name:
Title : C 7 0
(If corporation or LLC., Board Chair,
Pres. or Vice Pres .)
B ~~
Name : dJrA1 £ cl//iLJ
Title : cs
(If corporation or LLC., CFO, Treasurer ,
Secretary or Assistant Secretary)
VENDOR:
Turn Key Construction and Solar, Inc .
Attention: Jeff Harmonson
7257 N. Maple Avenue #107
Fresno, CA 93720
Phone: 559-905-5988
Electric Vehicle Charging Pilot Program
City of Fresno
April 9, 2020
City Council Meeting
Program
Overview
1
$783,000 Grant Funded
$152,404 City Investment
Total Project Costs
$935,404
Scope Overview Fiscal Snapshot
•Up to 87 Level 2 publicly
accessible EV Chargers
•12 City-Owned locations
•Minimal charging fees
•ChargePoint Network
Proposed
Citywide
Locations
Fig Garden
Loop Park
Woodward
Park
Convention
Center
Garage
Radio
Park/Fresno
Art Museum
Promenade
Lot
Al Radka
Park
Irene’s Cafe
Chaffee Zoo Water Tower Lot
Parking
Garage 8
Parking
Garage 4
Spiral
Garage 7
Grant
Overview
CALeVIP
(California Energy Commission)
&
San Joaquin Valley Air
Pollution Control District
Grant Funding Constraints &
Requirements
CALeVIP –$4,000 per single port Level 2 charger
SJV Air District –$5,000 per single port Level 2 charger
EV Charger Installation Locations
Not transferable to alternate addresses
Must be City-owned property and publicly accessible
Cannot be an assigned parking spot
Must be ADA compliant
CALeVIP grant requires 180-day completion
Extensions for deadlines may be granted
Contractor
Selection
&
Project
Goals
4
Three EV Charger Contractors Interviewed
Turn Key Construction & Solar, Inc. (Fresno)
Alco Building Solutions (Southern & Northern CA)
Smart Charge America (Austin, TX)
Project & Contractor Goals
Little to no out-of-pocket to City Budget
Ability to accept City procurement requirements
Contractor to carry project costs
Grants to be coordinated by contractor
Extensive EV Charger experience
Favorable references
Questions
Feedback
5
Address Proposed
Project Estimates
# of
Chargers Incentive Out of Pocket District
1 707 O Street Fresno, CA 93760 $ 100,000 10 $ 90,000 $ 10,000 3
2 2710 Tulare Street Fresno, CA 93721 $ 96,959 10 $ 90,000 $ 6,959 3
3 4265 N Figarden Drive Fresno, CA 93722 $ 44,000 4 $ 36,000 $ 8,000 2
4 2430 Fresno Street Fresno, CA 93721 $ 30,000 3 $ 27,000 $ 3,000 3
5 1919 Tulare Street Fresno, CA 93721 $ 101,598 10 $ 90,000 $ 11,598 3
6 1077 Van Ness Avenue Fresno, CA 93721 $ 88,000 8 $ 72,000 $ 16,000 3
7 5837 E Belmont Avenue Fresno, CA 93727 $ 60,059 6 $ 54,000 $ 6,059 5
8 7775 N Friant Road Fresno CA 93720 $ 110,000 10 $ 90,000 $ 20,000 6
9 845 H Street Fresno, CA 93721 $ 102,338 10 $ 90,000 $ 12,338 3
10 747 E Olive Avenue Fresno, CA 93728 $ 26,000 2 $ 18,000 $ 8,000 1
11 2233 N First Street Fresno, CA 93703 $ 56,000 4 $ 36,000 $ 20,000 7
12 894 W Belmont Avenue Fresno, CA 93728 $ 90,000 10 $ 90,000 $ TBD 3
$ 904,954 87 $ 783,000 $ 121,954
Project Incentives $783,000
Out of Pocket Costs $121,954
Maximum Permitting Costs $30,450
Total Project Cost $935,404
EV Charging Pilot Program Proposed Locations
Site Name
Convention Center Garage
Fresno City Hall (Promenade Lot)
Fig Garden Loop Park
Federal Lot (Court House)
Parking Garage 4
Parking Garage 8
Al Radka Park
Woodward Park
Spiral Garage 7
Irene’s in Tower (Rear Parking Lot)
Fresno Art Museum at Radio Park
Phase 1
Phase 2
Phase 3
Chaffee Zoo/Roeding Park
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CHARGEPOINT EV CHARGING STATION INSTALLATION
CONTRACT
This Agreement is made this _______ day of ____________________, 2019 by and between the
following parties, for services in connection with the Project identified below:
Contractor:
Turn Key Construction and Solar Inc.
7257 N. Maple Avenue, #108
Fresno, CA 93720
(559) 321-8130
California Contractor’s License No. 991046
Public Works Contractor Registration No. 1000040295
Owner:
Name:
Address:
Telephone:
Construction Lender
Name:
Address:
Telephone:
Project:
Name:
Address:
26th September
Kerman Unified School District
151 S. First Street, Kerman, CA 93630
559-842-2004
Kerman DO
15218 W Whitesbridge Ave, Kerman, CA 93630
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In consideration of the mutual covenants and obligations contained herein, Contractor and
Owner agree as set forth herein.
I.Contract Documents
The complete Contract between the Contractor and Owner consists of the following documents:
ChargePoint EV Charging Station Installation Contract
Letter of Intent / Proposal
Site Map
Implementation Manual for Fresno County Incentive Project
San Joaquin Valley Air Pollution Control District Voucher Guidelines
This Contract constitutes the complete agreement between the Contractor and owner and
supersedes any previous agreements, understandings, proposals, or documents whether oral or in
writing.
II.Scope of Work and Contract Price
Contractor has reviewed your installation location(s) and electrical service and the Contract Price
is based upon these visible and known conditions. In the event subsurface, concealed, abnormal,
unknown or other unforeseen conditions are discovered that require a change in the Scope of
Work, or changes are requested by the Owner or are required to comply with governmental or
utility requirements, the parties will execute a Change Order per Section V. below to adjust the
Scope of Work and the Contract Price. Contractor agrees to furnish all labor, services, materials,
and equipment necessary to complete the following scope of work (the “Work”) in a complete
and good and workmanlike manner:
Installation of ChargePoint EV charging stations per the Letter of Intent / Proposal and Site Map
attached as Exhibit A hereto.
In exchange for the performance of the Work, Owner agrees to pay Contractor the sum of
____________________________, in accordance with the terms of Section IV, Payment Terms,
which includes all applicable sales, use, franchise, excise and other taxes, governmental licenses
and permits necessary for the work, including building and utility permits and fees.
III.Voucher or Rebate Eligibility
The ChargePoint EV chargers to be installed under this Contract are eligible for rebates and
incentives under the San Joaquin Valley Air Pollution Control District Charge Up! Program and
the Implementation Manual for Fresno County Incentive Project (“FCIP”). Approval of Owner’s
eligibility for rebates and incentives under the Charge Up! Program and FCIP are required before
Contractor may proceed with ordering ChargePoint EV chargers or the beginning of construction
work. Owner’s receipt and retention of rebates and incentives under the Charge Up! Program are
conditioned upon the Owner’s continued satisfaction of Charge UP! Program and FCIP
$36,657
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conditions which include maintaining a one (1) year network service agreement immediately
after equipment installation, and owning, operating and maintaining the EV chargers at the
location for a minimum of three (3) consecutive years, among other conditions. Owner agrees
and understands that it is responsible for the satisfaction and maintenance of all Applicant
Requirements and Site Requirements under the Charge UP! Program and FCIP attached hereto
and incorporated by reference as set forth fully herein. Contractor shall install ChargePoint EV
charging stations meeting EV Charger Requirements under the Charge UP! Program and FCIP as
set forth in the Letter of Intent / Proposal.
IV.Payment
Contractor shall submit written applications for payments on its standard form (“Application for
Payment”) in accordance with the following Payment Schedule:
Payment #1 $_________ Billed upon execution of this contract – deposit for drawings,
engineering and city inspection fees and permit.
Payment #2 $_________ Billed four weeks prior to scheduled installation of EV charging
stations – order of custom ChargePoint EV charging stations for the Project.
Payment #3 $_________ Final payment billed upon the completion of work.
Payment in full to Contractor is required as a condition of Contractor’s submission of the final
applications for receipt of payments, rebates, vouchers, or incentives under the Charge UP!
Program and FCIP on behalf of Owner.
V.Change Orders
Without invalidating this Contract, Contractor and Owner may, through the adoption of a
Change Order, agree to changes in the Work to be performed by Contractor, consisting of
additions, deletions, or other revisions to the Work. The cost of the Work shall be adjusted as set
forth in the Change Order. If Contractor claims that any changes to the Work requested by
Owner entitle it to additional compensation, Contractor shall provide written notice to Owner
and receive written authorization from Owner before undertaking such changes to the Work.
VI.Prevailing Wage
Contractor and Owner acknowledge that the Project is a “public work” within the meaning of
Labor Code section 1720 and subject to the prevailing wage requirements set forth in Labor
Code section 1770 et seq. and the related regulations, including but not limited to Labor Code
sections 1771, 1774-1776, 1777.5, 1813, and 1815 which are incorporated by reference as set
forth fully herein.
23,569
13,088
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VII.Supervision of Construction
Contractor shall be solely responsible for all construction means, methods, techniques, sequences
and procedures, and for coordinating all portions of the Work. Contractor shall be responsible to
Owner for the acts and omissions of its agents, employees and/or subcontractors, and for their
agents, employees and/or subcontractors, and any and all other persons performing any of the
Work under a contract with or at the request of Contractor.
VIII.Status of Contractor
It is understood and agreed that Contractor (including Contractor’s employees) is an independent
Contractor and that no relationship of employer - employee exists between the parties hereto.
Contractor’s assigned personnel shall not be entitled to any benefits payable to employees of
Owner. Owner is not required to make any deductions or withholdings from the compensation
payable to Contractor under the provisions of this Agreement
IX.Successors and Assigns
Contractor and Owner respectively bind themselves and their successors, permitted assigns, and
legal representative to the other party and to the successors, permitted assigns, and legal
representatives of such other party in respect to covenants, agreements, and obligations contained
in the Contract Documents. Neither party to the Contract shall assign the Contract, in whole or
in part, without prior written consent of the other party. Notwithstanding any such assignment,
each of the original contracting parties shall remain legally responsible for all of its obligations
under the Contract unless expressly released.
X.Rights and Remedies
All of Contractor’s and Owner’s rights and remedies under the Contract Documents will be
cumulative and in addition to and not in limitation of all other rights and remedies otherwise
available at law or in equity. No action or failure to act by Contractor or Owner will constitute a
waiver of a right afforded them under the Contract, nor will such action or failure to act
constitute approval of or acquiescence in a condition or breach thereunder, except as may be
specifically agreed in writing. No waiver by Contractor or Owner of any condition, breach or
default will constitute a waiver of any other condition, breach or default; nor will any such
waiver constitute a continuing waiver. No provision contained in the Contract Documents shall
create or give to third parties any claim or right of action against Contractor or Owner.
XI.Warranty
Contractor represents and warrants the following with respect to its own materials and work as
well as the materials of others used in the scope of Contractor’s work:
Contractor Warranties: The Contractor represents and warrants to Owner that all
equipment and materials used in the work and made a part of the structures thereon or
placed permanently in connection therewith, will be new unless otherwise specified in the
Contract Documents, be of good quality, free of defects, and in conformity with the
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Contract Documents for a period of one year from completion of the work. All work not
conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The warranty provided in this Section shall be
in addition to and not in limitation of any other warranty or remedy required by law.
Manufacturer’s Warranties and Service. Contractor shall furnish all manufacturer
warranty certificates from Manufacturers for appliances, equipment and any and all other
materials used by Contractor in the completion of the scope of the work. Contractor is a
ChargePoint Certified Installer and equipment to be installed is subject to ChargePoint’s
standard warranty.
XII.Notices
All notices required or permitted by this Agreement shall be in writing and may be accomplished
either by personal delivery or by use of first-class regular mail of the United States Post Office,
by any standard form of telegraphic service, facsimile transmission, or e-mail sent to the party at
the address, facsimile number, or e-mail address shown in this Agreement. The written notice
shall be effective on the date of receipt.
To Owner:
Name:
Address:
Telephone:
Facsimile:
E-mail
To Contractor:
Turn Key Construction and Solar Inc.
7257 N. Maple Avenue, #108
Fresno, CA 93720
Telephone: (559) 321-8130
Facsimile:
E-mail:
XIII.Acceptance and Integration
This Contract is intended by the parties as a final expression of their agreement, supersedes any
prior oral or written statements, and is intended also as a complete and exclusive statement of the
terms of their agreement. No revisions to this Contract shall be valid unless accepted in writing
Kraig Magnussen
151 S. First Street, Kerman, CA 93630
842-2004
kraig.magnussen@kermanusd.com
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and signed by an authorized representative of Contractor. No condition stated by Contractor or
Owner in accepting this Contract shall be binding unless expressly agreed to in writing.
XIV.Survival and Severability
The provisions of the Contract which by their nature survive termination of the Contract or
completion of the Work, including all warranties and payment obligations shall remain in full
force and effect after completion or any termination of the Contract. If any term or provision of
this Contract or the application thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable, the remainder of this Contract, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each such term and provision of this Contract
shall be valid, and shall be enforced to the fullest extent permitted by law.
XV.Attorney’s Fees
If either party commences an action against the other to interpret or enforce any of the terms of
this Contract or because of the breach by the other party of any of the terms hereof, the losing
party shall pay to the prevailing party reasonable attorneys’ fees, costs and expenses and court
costs and other costs of action incurred in connection with the prosecution or defense of such
action, whether or not the action is prosecuted to a final judgment. The terms “attorneys’ fees”
or “attorneys’ fees and costs” shall include, without limitation, all such fees and expenses
incurred with respect to appeals, arbitrations, and bankruptcy proceedings.
XVI.Relationship of the Parties
Nothing contained in this Contract shall be deemed or construed by the parties to create the
relationship of principal and agent, a partnership, joint venture or any other association between
the parties.
XVII.Governing Law
The parties hereto acknowledge that this Agreement has been negotiated and entered into in the
State of California and shall be governed by the laws of the State of California.
XVIII. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original, but all of which, together, shall constitute one and the same instrument.
XIX.Representation by Counsel
Notwithstanding any rule or maxim of construction to the contrary, any ambiguity or uncertainty
shall not be construed against either parties based upon authorship of any of the provisions
hereof. The parties each hereby warrant, represent and certify to the other as follows: (A) that
the contents of this Contract have been completely and carefully read by the representing party
and counsel for the representing party; (B) that the representing party has been separately
represented by counsel and the representing party is satisfied with such representation; (C) that
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the representing party’s counsel has advised the representing party of, and the representing party
fully understands, the legal consequences of this Contract and (D) that no other person (whether
a party to this Contract or not) has made any promises or representations of any kind whatsoever
to induce the execution hereof, other than the performance of the terms and provisions hereof.
XX.Authority to Sign
Contractor and Owner represent, warrant, and guarantee that the persons signing below are
authorized to sign on behalf of their respective persons or entities.
Contractors are required by law to be licensed and regulated by the Contractors' State
License Board which has jurisdiction to investigate complaints against contractors if a
complaint regarding a patent act or omission is filed within four years of the date of the
alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within 10 years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors' State License
Board, P. O. Box 26000, Sacramento, CA 95826.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above
written.
Turn Key Construction and Solar Owner
By: By:
Name: Name:
Its: Its:
(Title) (Title)
Date: Date:
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9/26/2019
CEO
Jeff Harmonson Kraig Magnussen
9/27/2019
CBO
Implementation Manual for Fresno County Incentive
Project
Last Update: November 16, 2018
Funded by the California Energy Commission
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Table of Contents
Implementation Manual for Fresno County Incentive Project
A.INTRODUCTION AND OVERVIEW 4
1.FCIP Project Overview 5
B.EQUIPMENT ELIGIBILITY 5
1.Equipment Categories 5
2.Equipment Eligibility Criteria 6
3.Development of List of Eligible Equipment Models 7
4.Rebate Amounts 8
5.Maximum Rebates per Entity 8
6.Distribution of Rebates 9
C.APPLICANT DUTIES AND REQUIREMENTS 9
1.Applicant Requirements 9
2.Research Participation 11
3.Application Process 11
4.Installation and Operation Provision 12
D.DEFINITIONS 13
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A.INTRODUCTION AND OVERVIEW
In March 2012, Governor Edmund G. Brown Jr issued an Executive Order B-16-2012 to
help accelerate the market for zero-emission vehicles (ZEVs) in California and set a
long-term goal of reaching 1.5 million zero emission vehicles on California’s roadways
by 2025. The executive order established milestones for three periods:
●By 2015, California’s major metropolitan areas will be able to accommodate zero
emission vehicles through infrastructure plans.
●By 2020, California’s zero emission vehicle infrastructure will be able to support
up to 1 million vehicles.
●By 2025, 1.5 million zero emission vehicles will be on California’s roadways with
easy access to infrastructure.
These milestones require mechanisms to install electric vehicle (EV) charging
infrastructure quickly and effectively.
In April 2017, the California Energy Commission (Energy Commission) approved a
block grant recipient, the Center for Sustainable Energy (CSE), to design and
implement up to $200 million in electric vehicle charger incentive projects throughout
California. The Fresno County Incentive Project (FCIP) is the first incentive project to be
launched with this funding.
FCIP is intended to encourage and accelerate easy access to zero-emission vehicle
infrastructure. This project provides rebates to qualified commercial, workplace, and
multi-unit dwellings for the purchase and installation of eligible equipment models. FCIP
benefits the citizens of California by providing air pollution emission reductions through
the provision of adequate infrastructure in Fresno County to support plug-in electric
vehicle growth through 2025. It is administered and implemented through a partnership
between the Energy Commission and CSE, the Rebate Implementer, selected via a
competitive Energy Commission grant solicitation. The majority of project funds are for
rebates for purchasers of new, eligible equipment.
The FCIP Project Requirements identify the minimum requirements for implementing
FCIP. The Implementation Manual for FCIP (Implementation Manual) provides
necessary definitions, explanations, and processes associated with those minimum
requirements. The Implementation Manual may be periodically updated as needed to
clarify project requirements and improve project effectiveness. The Implementation
Manual, including any updates, will be posted on the FCIP webpage at
https://calevip.org/incentive-project/fresno.
Note to Applicants: At the time an applicant submits a signed application for a rebate,
the most current FCIP Implementation Manual available, as well as the FCIP Project
Requirements signed by the applicant, will apply.
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This document constitutes the Implementation Manual for FCIP. Definitions of key
program parameters are in Section D of this manual.
1.FCIP Project Overview
FCIP will use available funding to incentivize level 2 charging installations in
commercial, workplace, and multi-unit dwelling locations in Fresno County. The project
will coordinate with current regional EV incentive programs to ensure that all project
goals are met and to avoid eligibility limitations for potential applicants.
FCIP offers applicants a rebate of up to $7,000 for the installation of a dual port EV
charger and up to $4,000 for the installation of a single port EV charger at qualified
sites. Potential applicants can determine their eligibility online at the FCIP website and
reserve available rebate funds online, by contacting CSE directly by email at
fresno-calevip@energycenter.org or by calling 559-825-3247. Once their application is
prescreened, applicants have 180 calendar days to complete their equipment
installation and provide all required supporting documentation. Rebates are issued
within 15 calendar days of application approval.
Information about FCIP is available to the public and other interested parties via the
FCIP webpage. The FCIP webpage, https://calevip.org/incentive-project/fresno, is
operated and maintained by CSE, and includes an up-to-date list of eligible equipment
models, rebate amounts for each model, online rebate applications, all supporting
documentation and forms applicable to FCIP and a real-time running total of available
funds remaining in the project. This website allows the project to be “user-friendly” while
providing project transparency.
Key milestones for FCIP development and implementation for FY 2016-17 are identified
in Table 1.
Table 1: FCIP Development and Implementation Timeline
Action Item Date or Time Period
Selection of Rebate Implementer. April 2017
Project launch. Online applications available at the
FCIP website. December 2017
B.EQUIPMENT ELIGIBILITY
1.Equipment Categories
This section discusses the categories of equipment eligible for grant funding under FCIP
and the specific criteria that an equipment model must meet to be considered eligible.
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An updated list of eligible equipment and rebate amounts will be maintained on the
designated FCIP website.
There are two major categories of equipment eligible for grant funding under FCIP:
(a) dual port EV chargers and (b) single port EV chargers.
a.Dual Port EV Chargers: Two SAE J1772 connectors originating from a single
charger, capable of charging at 6.2kW or greater.
C.
a.Single Port EV Chargers: One SAE J 1772 connector capable of charging at
6.2 kW or greater.
2.Equipment Eligibility Criteria
Equipment must meet the following criteria to be eligible for a rebate:
a.Be new:
Must be new equipment installed for the first time. Resale units, rebuilt, rented, received
from warranty insurance claims, or new parts installed in existing units are not
eligible for a rebate. Equipment obtained as a gift or a prize is not eligible for a
rebate.
b.SAE J1772:
Equipment must meet the international standard plug for level 1 and level 2 electric
vehicle chargers.
c.Networked:
Equipment must be networked, which is defined as a charge station connected to a
backend network operations center.
d.Power Level Requirement:
All eligible equipment models must be capable of delivering electricity to a plug-in
electric vehicle at a minimum of 6.2 kW.
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e.Have 1-10 ports per site:
Under FCIP, a maximum of 10 ports per site location can be rebated. Existing
ports are not rebate eligible and do not count toward the 10-port maximum. Dual
port chargers are counted as two ports and single port chargers are counted as
one port.
f.Open source protocol
Eligible equipment must use an open standard protocol as a basic framework for
purposes of network interoperability. Any proprietary protocol may additionally be
superimposed on the system, provided the site owner is able to revert to the open
standard protocol.
a.Payment Requirements
If payment is required, the equipment models must be able to accept some form of
credit card payment and accept more than one form of payment.
F.
a.Be Energy Star Certified
b.Be approved by a Nationally Recognized Testing Laboratory (NRTL)
program for EVSE testing and certification
Equipment must be approved by a NRTL that is accredited to certify EVSE standards.
Underwriter’s Laboratory (UL), Intertek (ETL) and MET Laboratories, Inc. are all
currently accredited NRTLs. A complete list of NRTLs can be found at
https://www.osha.gov/dts/otpca/nrtl/nrtllist.html.
G.
1.Development of List of Eligible Equipment Models
In order for equipment to be eligible for a FCIP rebate, the equipment manufacturer
must submit equipment information to CSE by creating a CALeVIP account and
uploading equipment information online at https://calevip.org/user/login. CSE will work
with the equipment manufacturer to ensure that all the required information is received
and request any additional information needed to make an eligibility determination. If the
equipment meets the eligibility requirements set forth in Section B(2) of this
Implementation Manual, then CSE will add the Equipment to the List of Eligible
Equipment Models online. Only equipment submitted by equipment manufacturers will
be listed on the website.
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Applicants have the option to select “Other” on the application form if they are applying
for equipment that is not included on the eligible equipment list. CSE will conduct a
review of the equipment and make an eligibility determination before reserving rebate
funds for any application listing equipment that is not currently on the List of Eligible
Equipment Models.
2.Rebate Amounts
Specific rebate amounts for each eligible equipment model will be included in the List of
Eligible Equipment Models and available on the project website.
Table 2: FCIP Rebate Amounts
Equipment Type Rebate Amount
Dual port EV Charger Up to $7,000
Single port EV Charger Up to $4,000
H.Final rebate amounts are determined by the total eligible project costs. CSE
reviews all required documentation to determine final rebate amounts. Eligible
project costs are installation costs, equipment costs, network agreements and
any installation costs required by law. Permit costs are not eligible for FCIP
rebates.
I.Combining Equipment Rebates with Other Incentives
Participation in FCIP does not preclude an equipment purchaser from combining FCIP
rebates with other incentive opportunities. Rebates could be combined with federal,
state, or local agency incentives as well as Implementer match funding, if available, to
help further buy-down the cost of eligible equipment.
Applicants are not eligible to apply for a FCIP rebate on a charging station or site that
was included and funded in a previous or existing Energy Commission project.
Additionally, applicants are not eligible to apply for a FCIP rebate on a charging station
or site that is participating or planning to participate in an incentive project that has a
mandated and approved fixed number of chargers to be installed. FCIP allows
applicants to participate in other incentive projects to enable applicants to secure
funding to install additional chargers. Incentive projects with a mandated number of
chargers do not support FCIP’s purpose. If you require further clarification on combining
with other incentives, please contact CSE directly at fresno-calevip@energycenter.org
or by calling 559-825-3247.
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1.Maximum Rebates per Entity
Eligible applicants can receive a maximum of $1,000,000 in rebates over the lifetime of
the FCIP. Once the maximum allowable rebate amount is reached, CSE will submit a
notice to the applicant.
a.Taxpayer Identification Number (TIN) Requirements
For the purposes of FCIP, equipment under common ownership– including, but not
limited to, entities sharing a common Taxpayer Identification Number (TIN) – are
considered part of a single applicant entity even if they are part of different
subsidiaries, divisions, or other organizational structure of a company,
government agency, or other entity. All entities, other than individuals, are
required to disclose their TIN at the time of rebate application. The Energy
Commission or its designee may seek financial reimbursement and/or civil and
criminal penalties from an applicant for non-disclosure or inaccurate disclosure of
its TIN or other information relating to common ownership of fiduciary control of
the purchasing entity.
b.Sole Proprietors
J.
Sole proprietorships and DBA’s (Doing Business As; also, called fictitious business
name, assumed business name, or trade name) cannot apply as a business and must
instead apply as a sole proprietorship. Sole proprietors are required to complete a
manual application and verification process with CSE to determine project eligibility.
a.Fleets
Light-duty vehicle fleets are eligible to apply for FCIP with a qualified commercial,
workplace, or multi-unit dwelling installation site. Medium and heavy-duty vehicle fleets
are not eligible use cases and are not eligible for FCIP.
2.Distribution of Rebates
Rebates will be distributed on a first-come, first-served basis contingent upon funding
availability. Available rebate funds will be reserved by CSE following submission of an
online application at the FCIP website or upon receipt of a mailed application.
Applicants without internet access can contact CSE to receive a rebate application by
mail. After an application is accepted by CSE, the required supporting documentation
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(outlined in Section C(3)) must be submitted to CSE within 180 calendar days (if mailed,
submittal date will be determined by U.S. mail postmark). The supporting
documentation may be scanned and submitted through the FCIP website. Applicants
without internet access may mail the supporting documentation to CSE.
The rebate for an eligible equipment model will be issued to the qualified recipient in a
single payment. Rebate payment will be made within 15 calendar days of application
approval. Rebate checks must be cashed within six months of the date on the check.
Checks not cashed within this timeframe will be cancelled, and the rebate amount
returned to the project.
K.APPLICANT DUTIES AND REQUIREMENTS
1.Applicant Requirements
The applicant is responsible for submitting the rebate application and providing all
required documentation to CSE. Eligible applicants must accept the rebate directly –
FCIP does not provide an option to assign the rebate to an equipment seller (i.e.
equipment manufacturer). To receive a FCIP rebate, an applicant must:
a.Be a business or government entity that is based in California or has a
California-based affiliate at the time of application.
●California business entities and non-California business entities that
conduct intrastate businesses in California and are required to register
with the California Secretary of State must do so and be in good
standing in order to receive a rebate. If not currently registered with the
California Secretary of State, applicants should contact the Secretary
of State’s Office as soon as possible. For more information, visit the
Secretary of State’s website at: www.sos.ca.gov.
●Sole proprietorships and DBA’s (Doing Business As; also, called
fictitious business name, assumed business name, or trade name)
cannot apply as a business and must instead apply as a sole
proprietorship.
b.Be an authorized representative of a qualified commercial, workplace, or
multi-unit dwelling installation site. FCIP defines an authorized representative as
a site owner or an individual that has received permission from the site owner to
apply on behalf of a qualified site.
L.
a.Install a new, eligible equipment model as specified in Section B of this
Implementation Manual.
M.
a.Submit a FCIP application before equipment purchase and installation dates and
prior to exhaustion of available rebate funds. Equipment purchased or installed
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prior to application will not be eligible to receive a rebate.
b.Maintain a 1 year network service agreement immediately after the equipment
installation.
c.Install eligible equipment at an eligible site within Fresno County. Site address
will be required during application process and CSE can terminate applications
that do not meet required address validations.
d.Submit the signed application form and all required supporting documentation
within 180 calendar days of rebate funds reserved date as specified in Section
C(3) of this Implementation Manual.
e.Submit information to the Alternative Fuels Data Center station locator tool for all
charging stations rebated through FCIP.
f.Submit one year of utilization data to CSE.
g.Be available for follow-up inspection if requested by CSE for the purposes of
project oversight and accountability.
N.
a.Rebate checks must be cashed within six months of the date on the check.
Checks not cashed within this timeframe will be cancelled and the rebate amount
returned to the project.
The applicant is responsible for ensuring the accuracy of the information on all rebate
applications and required documentation submitted to CSE. Submission of false
information on any required documents may be considered a criminal offense and is
punishable under penalty of perjury under the laws of the State of California.
2.Research Participation
CSE reserves the right to request participation from rebate recipients in ongoing
research efforts that support the FCIP research goals. CSE shall distribute surveys to
rebate recipients to collect data and other information pertaining to FCIP-eligible
equipment ownership. CSE will identify survey parameters and determine the most
effective mechanism for obtaining information.
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3.Application Process
To apply for a FCIP rebate, applicants can follow this simple process:
1.Apply online prior to purchasing or installing the EV charging station(s).
2.Once the online application is submitted, CSE will review the application to
determine eligibility.
a.Non-site owners will be required to submit a Signed Verification Form to
proceed with the application process.
3.CSE reserves FCIP rebate funds and sends eligible applicants a Funds
Reserved email. Applicants have 180 days from the Funds Reserved date to
complete the installation project.
4.Applicants are required to submit installation documents online within 180 days
of Funds Reserved date.
5.CSE reviews all installation documents and follows up via email if there are
missing or incomplete documents.
6.Once all required documents are received and complete, CSE determines final
rebate amount based on eligible project costs.
7.CSE approves the application and sends the applicant confirmation via email.
8.Applicants can expect to receive their FCIP rebate check within 15 days of
application approval.
If the applicant does not submit the required supporting documentation within the
specified 180 calendar days, the funds will be released back to the project and the site
owner or authorized representative will be required to submit a new rebate application.
The supporting documentation may be scanned and submitted through the FCIP
website. Applicants without internet access may mail the supporting documentation to
CSE. If mailed, submittal date will be determined by U.S. mail postmark. For security
purposes, supporting documents that are sent on removable media (flash drives, CDs,
DVDs, etc.) will not be accepted. Because of security and privacy concerns, applicants
are strongly discouraged from emailing their supporting documentation. However,
applicants may email their supporting documentation to
fresno-calevip@energycenter.org with the understanding that they accept all risk
associated with emailing these documents.
Required documentation will include, at a minimum, the following:
a.For applicants who request applications by phone, a complete application with
signature and date. For online applicants, a scanned copy of the submitted
application signed by the equipment owner or authorized representative.
b.A complete copy of the purchase invoice for equipment. A complete invoice
includes proof of purchase and an itemization of credits, discounts, and
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incentives received, if applicable.
c.A complete copy of the purchase invoice for all installation costs. A complete
invoice includes proof of purchase and an itemization of credits, discounts, and
incentives received, if applicable.
d.A copy of permits, if applicable.
e.A minimum of at least two (2) photos of installed and operational equipment.
f.A photo of each equipment serial number.
g.A copy of a network agreement with a one (1) year minimum term.
h.Verification that the applicant is allowed to install the equipment at the site.
●If the applicant is the site owner, then they self-verified and no other verification
is required.
●If the applicant is an authorized representative applying on behalf of a site owner,
a signed Site Verification Form providing confirmation that the applicant is
allowed to install the equipment at the site.
o Applicants have 14 calendar days from the application date to submit the
Site Verification Form. If the form is not submitted within 14 calendar days,
the application may be cancelled.
Once CSE has verified the documentation meets program requirements, a rebate check
will be issued to the applicant within 15 days of application approval.
4.Installation and Operation Provision
Applicants participating in FCIP are required to keep the equipment in operation and
meet all applicable project requirements for a minimum of one year after the installation
date.
O.DEFINITIONS
Application Date: The date an applicant starts an application.
Battery Electric Vehicle (BEV): A vehicle that runs 100 percent on electricity stored in
rechargeable batteries and has an electric motor rather than a gasoline engine.
CHAdeMO: A Japanese-developed standard for EV DC fast charging.
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Combined Charging Standard: A multi-national developed standard for EV DC fast
charging.
Electric Vehicle Charging Station (EVCS): Charging equipment (external to the
vehicle) used to charge a plug-in electric vehicle.
Electric Vehicle Service Provider (EVSP): A business that can provide connectivity
across a network of charging stations. Connecting a central server, the provider
manages the software, database, and communication interface that enables operation
of the station. Some EVSPs will also provide charger installation and contracting
services.
Level 1 Charging (L1): The slowest form of charging that uses a standard household
110/120-volt alternating current three-prong wall outlet to connect to the vehicle’s
on-board charger. Level 1 charging is usually accomplished using a portable cord set
that is provided with the vehicle and requires no extra equipment or installation.
Level 2 Charging Station (L2): A charging station that supplies electricity to a plug-in
electric vehicle’s onboard charger in the form of alternating current (AC). Level 2
charging stations require a 208/240 volt AC connection.
Multi-unit Dwelling (MuD): Also known as multi-family residence or multi-family
dwelling unit, is a classification of housing where multiple housing units are contained
within one building or multiple buildings within a complex or community. Some MuDs
are owned (e.g., condominiums), while others are leased or rented (e.g., apartments).
Some common types of MuDs are duplexes, townhomes and apartments, mobile
homes and manufactured-home parks.
Nationally Recognized Testing Laboratory (NRTL): An independent laboratory
recognized by the Occupational Safety and Health Administration to test products to
applicable product safety standards.
On-board charger: The actual charging device for Level 1 and Level 2 charging, comes
factory-installed and converts AC power from the wall to DC power that chargers the
battery in the vehicle.
Plug-in Electric Vehicle (PEV): A vehicle that can be plugged into an electrical outlet
or charging device to recharge its battery. There are two types of plug-in electric
vehicles: battery electric vehicles and plug-in hybrid electric vehicles.
Plug-in Hybrid Electric Vehicle (PHEV): A vehicle that combines two propulsion
modes in one vehicle – an electric motor that is powered by a rechargeable battery and
a gasoline engine that can be refueled with gasoline.
SAE J1772: International standard plug for level 1 and level 2 electric vehicle chargers.
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Vehicle-to-grid (V2G): A system in which plug-in electric vehicles communicate with
the power grid to sell demand response services by either returning electricity to the grid
or by throttling their charging rate.
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VOUCHER GUIDELINES
The Charge Up! Program provides incentives for the purchase of new, eligible Level 2 and 3 electric vehicle (EV) chargers. Please DO NOT
purchase or install any chargers until you have received an approved voucher for your project.
FUNDING
Charger Type *Maximum Amount Per Unit Minimum Cost Share
Level 2 Single Port $5,000 None
Level 2 Dual Port $6,000 None
Level 3/DC Fast Charger $25,000 30% of total cost
FUNDING CAP:$50,000 annually per applicant/site
*Actual reimbursement of funds to applicant may be reduced depending on final eligible invoiced costs.
GENERAL INFORMATION AND PROGRAM REQUIREMENTS
Page 1 of 2
• The purpose of this program is to fund the purchase and
installation of new electric vehicle Level 2 and 3 chargers to
promote clean air alternative-fuel technologies and the use of
low- or zero-emission vehicles.
• All projects will be considered for funding on a first-come, first-
serve basis until program funds are exhausted. Eligible projects
not selected for funding will be placed on hold until additional
funding becomes available.
• Purchase and installation of private home-use EV chargers at
single-family residences are not eligible for program funding.
Property owners of multi-unit dwellings (MUDs) such as
apartment complexes, condominiums, etc. are eligible to apply.
• Funding for this program is not a rebate and is not intended
for the reimbursement of existing EV chargers that are currently
installed and operational.
• The applicant may not purchase or install any new EV chargers
prior to obtaining an approved voucher from the SJVAPCD. The
purchase or installation of any new EV charger prior to voucher
approval will be considered ineligible for funding. You will be
issued a voucher once your project has been determined to be
complete and eligible.
• Funding amounts listed in the funding table apply towards
the charger, eligible installation costs and necessary signage.
Costs that are ineligible for funding include, but are not
limited to, the following: monthly network subscription fees,
permitting and inspection fees, American with Disabilities Act
(ADA) requirements, etc. The SJVAPCD reserves the right
to determine the eligibility of costs associated with the
project. The final amount reimbursed to the applicant will
be reduced if the final invoiced costs of eligible items are
less than the maximum amount.
• The SJVAPCD reserves the right to recoup any funding provided
to the applicant and/or pursue any other legal actions deemed
appropriate if, by the SJVAPCD’s determination, the applicant
did not provide accurate information, and/or fails to meet the
requirements or intent of the program.
• For the duration in which the applicant is required to own and
operate the EV charger(s) (See Applicant Requirements), SJVAPCD
reserves the right to perform a site visit, as deemed necessary by
the SJVAPCD, to view the EV charger(s) and location to confirm
Program requirements have been met. SJVAPCD will coordinate
any such visits with the applicant.
• The 2014 San Joaquin Valley PEV Readiness Siting Analysis was
developed as a tool to help Valley businesses and agencies plan
optimal locations for EV chargers. For guidance and assistance
on designing your EV charging project, please refer to the Siting
Analysis at: www.valleyair.org/chargeup.
• Multiple applications may be submitted throughout the year from
the same applicant; however, program incentives will be limited to
the funding caps described above. The SJVAPCD reserves the right
to increase the annual funding cap for an applicant if program
participation and demand is low and funding is still available.
Applicants will be contacted for additional funding consideration
in this situation.
• EV chargers funded through the Charge Up Program cannot
be co-funded through any other SJVAPCD incentive programs.
Additional funding opportunities for your project may be available
through other agencies and utility providers. The SJVAPCD strongly
encourages applicants to take advantage of these opportunities
where feasible to reduce out-of-pocket costs. Please visit the
Charge Up website for information about additional funding
opportunities: www.valleyair.org/chargeup.
• If the new Lever 2 EV charger(s) will be accessible to the public, the
SJVAPCD recommends the EV charger(s) be available during hours
that would be reasonably used by the public. Level 3 EV charger(s)
must meet the site requirements identified in these guidelines.
• Accessibility of the EV charger(s) to the public at a workplace or
MUD site will be at the discretion of the applicant and/or property
owner.
• Unless written notification is provided stating otherwise, all
applications submitted to the SJVAPCD will remain active and will
be funded in the order received pending the availability of funds.
• The SJVAPCD has full discretion in regards to project funding and
approval. Submittal of an application does not guarantee funding.
DocuSign Envelope ID: 17F9EE6B-0F50-40D4-AB7E-FFDDEC48806D
APPLICANT REQUIREMENTS
The applicant must:
• Be a private entity (including non-profit organizations) or
public agency intending to install EV chargers. Public agencies
must be located within the boundaries of the SJVAPCD, which
includes the following counties: San Joaquin, Stanislaus, Merced,
Madera, Fresno, Kings, Tualre, and the valley air basin portion of
Kern. Private entities located outside the SJVAPCD may apply
for funding as long as the EV chargers will be installed at a site
located within the SJVAPCD’s boundaries.
• Receive an approved voucher from the SJVAPCD prior to
purchasing or installing any EV chargers.
• Purchase and install the new EV charger(s) within six months from
the execution date of the voucher. The voucher will identify the
execution and expiration dates.
• Disclose any additional funding sources or other financial
incentives and funding amounts received or to be received by
the applicant towards the purchase and installation of the EV
charger(s) in this project.
• If necessary, have the capital in addition to SJVAPCD funds to
complete the proposed project within six months from the
execution date of the voucher.
• Own, operate and maintain the EV charger(s) purchased through
the program at the location identified in the voucher application
for a minimum of 3 consecutive years, commencing from the
date the EV charger(s) was installed and fully operational. If the
applicant is required to relocate the charger(s) during the three
year term, written notification must be provided to the SJVAPCD
for consideration and approval PRIOR to the applicant taking any
such actions.
• Have the new EV charger(s) installed by a licensed contractor
who is qualified to perform or has the experience in the proper
installation of the charger(s). Installation of the EV chargers must
be in accordance with local, state and federal codes, permitting
and inspection requirements, including California prevailing
wage requirements.
• At a minimum and only if the EV charger(s) is publicly accessible,
register the new EV charging site on the United States
Department of Energy’s (DOE) Alternative Fuels Data Center
Station Locator. New charging stations can be submitted to
the DOE via the following link: http://www.afdc.energy.gov/
fuels/electricity_locations.html. Applicants are also encouraged
to submit the location(s) of their new EV chargers to other EV
charging websites such as www.PlugShare.com.
• If requested, affix funding label provided by the SJVAPCD on the
new EV chargers.
Page 2 of 2
SITE REQUIREMENTS
The site must:
• Be publicly accessible 24 hours a day/ 7 days a week if the project
includes the purchase and installation of a Level 3 EV charger.
• Be owned by the applicant or the applicant must provide written
permission by the property owner that the installation of the EV
chargers is allowed.
• Be located within the SJVAPCD boundaries which consist of the
following counties: San Joaquin, Satinslaus, Merced, Madera,
Fresno, Kings, Tulare, and the valley portion of Kern.
• At a minimum, have one specified and clearly marked parking
stall per EV charger.
• Have clearly marked parking stalls with all necessary signage
as defined in the Federal Highway Administration’s Manual on
Uniform Traffic Control Devices (MUTCD) 2009 edition. Signs for
EV charging must be visible to ensure utilization.
• Be safely and easily accessible, with adequate lighting and at a
location that allows safe ingress and egress.
• Have proper directional signage alerting the public to the charger
location.
• Not be a residence. Residential properties are ineligible as site
locations regardless of their use as a place of business.
• Be at a location that is publicly accessible, a place of employment
for the purpose of workplace charging, or a combination of both.
The SJVAPCD maintains the sole discretion in determining the
eligibility of the location as intended under the Program.
EV CHARGER REQUIREMENTS
The EV charger(s) must:
• Be either a hard-wired or solar-powered Level 2 or 3 charger.
Stand-alone solar-powered chargers must remain a the location
identified in the application as required by the program.
Please see the “Applicant Requirements” section for additional
information.
• For level 2 chargers, meet the SAE J1772 standard.
• For level 3 chargers, meet the CHAdemo or SAE Combo
standards.
• Be UL listed (certified by Underwriters Laboratories, Inc.).
• Have an open source protocol for payment if the applicant will
require end-users to pay for charging.
• Have smart-charging capabilities to track usage.
• Have two separate charging ports originating from a single
charger pedestal to be considered a dual port charger.
DocuSign Envelope ID: 17F9EE6B-0F50-40D4-AB7E-FFDDEC48806D
Exhibit B
INDEMNITY PROVISIONS
To the furthest extent allowed by law including California Civil Code section 2782, VENDOR 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 pro perty
damage) incurred by CITY, VENDOR 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. VENDOR '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 the willful misconduct, of CITY
or any of its officers, officials, employees, agents or volunteers.
If VENDOR should subcontract all or any portion of the work to be performed under this Contract,
VENDOR 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.
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, VENDOR shall pay for and maintain in full force
and effect all insurance as required herein 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 his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated
herein 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, VENDOR or any of its
subcontractors 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 VENDOR
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 VENDOR 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 VENDOR shall not be deemed to release or diminish
the liability of VENDOR, 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 VENDOR. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of VENDOR, vendors, suppliers, invite es,
VENDOR s, sub-VENDOR s, subcontractors, or anyone employed directly or indirectly by any of them.
Exhibit B
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.
MINIMUM LIMITS OF INSURANCE
EXHIBIT A
VENDOR shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance
with limits of liability 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. COMMERCIAL GENERAL LIABILITY
(i) $2,000,000 per occurrence for bodily injury and property damage;
(ii) $2,000,000 per occurrence for personal and advertising injury;
(iii) $4,000,000 aggregate for products and completed operations; and,
(iv) $4,000,000 general aggregate applying separately to the work performed under
the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
Exhibit B
4. CONTRACTORS’ POLLUTION LEGAL LIABILITY with coverage for bodily injury, property
damage or pollution clean-up costs that could result from of pollution condition, both sudden
and gradual. Including a discharge of pollutants brought to the work site, a release of pre-
existing pollutants at the site, or other pollution conditions with limits of liability of not less
than the following:
(i) $1,000,000 per occurrence or claim; and,
(ii) $2,000,000 general aggregate per annual policy period.
(a) In the event this Agreement involves the transportation of hazardous material,
either the Commercial Automobile policy or other appropriate insurance policy
shall be endorsed to include Transportation Pollution Liability insurance
covering materials to be transported by VENDOR pursuant to the Agreement.
UMBRELLA OR EXCESS INSURANCE
In the event VENDOR 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.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
VENDOR shall be responsible for payment of any deductibles contained in any insurance policy(ies)
required herein and VENDOR shall also be responsible for payment of any self -insured retentions. Any
self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY’S
Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects CITY, its
officers, officials, employees, agents and volunteers; or
(ii) VENDOR shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or
his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be responsible for the
payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance 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 has been given to CITY, except ten (10) days for
nonpayment of premium. VENDOR 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,
VENDOR shall furnish CITY with a new certificate and applicable endorsements for such
Exhibit B
policy(ies). In the event any policy is due to expire during the work to be performed for
CITY, VENDOR 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.
(ii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
endorsed to name City, its officers, officials, agents, employees and volunteers as an
additional insured. VENDOR shall establish additional insured status for the City and for
all ongoing and completed operations under both Commercial General and Pollution
Liability policies by use of ISO Forms or an executed manuscript insurance company
endorsement providing additional insured status. The Commercial General endorsements
must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 &
CG 20 37.
(iv) The Commercial General, Pollution and Automobile Liability insurance shall contain, or be
endorsed to contain, that the VENDOR S’ insurance shall be primary to and require no
contribution from the City. The Commercial General and Pollution Liability policies are
required to include primary and non contributory coverage in favor of the City for both the
ongoing and completed operations coverage. These coverages shall contain no special
limitations on the scope of protection afforded to City, its officers, officials, employees,
agents and volunteers. If VENDOR maintains higher limits of liability than the minimums
shown above, City requires and shall be entitled to coverage for the higher limits of liability
maintained by VENDOR .
(v) Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
(vi) For any claims related to this Agreement, VENDOR’S insurance coverage shall be primary
insurance with respect to the CITY, its officers, officials, agents, employees and
volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials,
agents, employees and volunteers shall be excess of the VENDOR’S insurance and shall
not contribute with it.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to contain, a
waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.
(viii) The Commercial General, Pollution and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials,
agents, employees and volunteers.
PROVIDING OF DOCUMENTS - VENDOR shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required herein All certificates and applicable
endorsements are to be received and approved by the CITY’S Risk Manager or his/her
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, VENDOR 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. All
Exhibit B
subcontractors working under the direction of VENDOR shall also be required to provide all
documents noted herein.
CLAIMS-MADE POLICIES - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by VENDOR.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the work or termination of the Agreement, whichever first
occurs.
(iii) 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 work
commencement date, VENDOR must purchase “extended reporting” period coverage for
a minimum of five (5) years after completion of the work or termination of the Agreement,
whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to CITY for review.
(v) These requirements shall survive expiration or termination of the Agreement.
SUBCONTRACTORS - If VENDOR subcontracts any or all of the services to be performed
under this Agreement, VENDOR shall require, at the discretion of the CITY Risk Manager or
designee, subcontractors (s) to enter into a separate Side Agreement with the City to provide
required indemnification and insurance protection. Any required Side Agreement(s) and
associated insurance documents for the subcontractors must be reviewed and preapproved by
CITY Risk Manager or designee. If no Side Agreement is required, VENDOR will be solely
responsible for ensuring that its subcontractors maintain insurance coverage at levels no less
than those required by applicable law and is customary in the relevant industry.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00431 Agenda Date:4/9/2020 Agenda #:1-G
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH:WILLIAM C. HERR, Assistant Director
Public Works Department, Construction Management and Facilities Divisions
BY:L. NATHAN SANCHEZ, Project Manager
Public Works Department, Facilities Management Division
SUBJECT
Actions pertaining to the Romain Park Challenge Course Project (Bid File 3704) (Council District 7)
1.Adopt finding of a Categorical Exemption pursuant to Sections 15301(e)/Class 1 and
15303/Class 3 of the California Environmental Quality Act (CEQA) Guidelines
2.Award a construction contract with American Paving Co., of Fresno, CA, for $365,708
RECOMMENDATION
Staff recommends that Council adopt a finding of Categorical Exemption and award a construction
contract with American Paving Co. for $365,708 for the Romain Park Challenge Couse project and
authorize the Public Works Director or designee to sign and execute the standardized contract on
behalf of the City of Fresno.
EXECUTIVE SUMMARY
The Romain Park Challenge Course Project will provide a new amenity for the community at a well-
attended park. The proposed Challenge Course is consistent with the adopted budget and
Community Development Block Grant (CDBG) program for this fiscal year.
BACKGROUND
The City of Fresno Parks, After School, Recreation and Community Services (PARCS) Department
wishes to build a Challenge Course play structure within the existing Romain Park. Romain Park is a
well-attended park in the heart of the city and the proposed Challenge Course will be a welcome
City of Fresno Printed on 12/12/2022Page 1 of 2
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File #:ID 20-00431 Agenda Date:4/9/2020 Agenda #:1-G
addition to provide the surrounding neighborhood a fun exercise feature to promote an active and
healthy lifestyle. The Challenge Course will complement the nearby Skate Park, and is in-line with
the running/walking path that circles the park’s perimeter.
Pursuant to AO 6-19 staff prepared and entered into an agreement for consultant services on behalf
of the City of Fresno for the design and preparation of construction documents for the Romain Park
Challenge Course. Plans and specifications were prepared by Provost & Pritchard Inc. A Notice
Inviting Bids was published on December 16, 2019, distributed to twelve building exchanges and
posted on the City’s website. The specifications were distributed to eighteen prospective bidders.
Two sealed bid proposals were received and opened in a public bid opening on January 28, 2020,
with bid amounts of $365,708 and $442,580.
Staff is recommending that Council adopt finding of a Categorical Exemption and award of the
construction contract to American Paving Co. for $365,708 for the Romain Park Challenge Course
and to authorize the Public Works Director or designee to sign and execute the standardized contract
on behalf of the City of Fresno.
ENVIRONMENTAL FINDINGS
Staff has determined that a Categorical Exemption is appropriate, based on Class 1 Section 15301
(e) of the CEQA Guidelines, which exempts projects consisting of the operation, permitting, or minor
alteration of existing public facilities (including additions to existing structures) that involve negligible
or no expansion of use beyond that existing at the time of the lead agency’s determination. Also,
Class 3 Section 15303 wherein projects consisting of the construction and location of limited
numbers of new, small facilities or structures. Furthermore, staff has determined that note of the
exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this
project. Staff recommends that the Council, based upon its own independent judgment, adopt a
finding of a Categorical Exemption per Staff determination, pursuant to Sections 15301(e)/Class 1
and 15303/Class 3 of the CEQA Guidelines for the Romain Park Challenge Couse Project
LOCAL PREFERENCE
Local preference was not implemented because the lowest responsive and responsible bidder is a
local business.
FISCAL IMPACT
The Romain Park Challenge Course project was included in the current FY20 PARCS Budget and is
being funded by CDBG Funds.
Attachments:
Bid Evaluation
Fiscal Impact Statement
Standard Contract
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FISCAL IMPACT STATEMENT
PROGRAM:
TOTAL OR ANNUALIZED
RECOMMENDATION CURRENT COST
Direct Cost $ 365,708
*Indirect Cost $ 109,063
TOTAL COST $ 474,771
Additional
Revenue or Savings
Generated $ 0
Net City Cost $ 474,771
Amount Budgeted
(If none budgeted,
identify source) $ 474,771
*Indirect costs are comprised of the following:
Construction Management $ 17,100
Project Management $ 10,107
Consultant Contract $ 49,900
Contract Contingencies $ 25,956
Permits and Fees $ 6,000
TOTAL $109,063
K:\FORMS\EVALUATIONFORM
SAMPLE CONTRACT
CITY OF FRESNO, CALIFORNIA
PUBLIC WORK OF IMPROVEMENT
THIS CONTRACT is made and entered into by and between CITY OF FRESNO, a California
municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:
1. Contract Documents. The “Notice Inviting Bids,” “Instructions to Bidders,” “Bid Proposal,”
and the “Specifications” including “General Conditions,” “Special Conditions,” and “Technical
Specifications” for the following: [Title] (Bid File No. [Bid File No.]) [Alternates (if any)] copies of which are
annexed hereto, together with all the drawings, plans, and documents specifically referred to in said
annexed documents, including Performance and Payment Bonds, if required, and are hereby
incorporated into and made a part of this Contract, and shall be known as the Contract Documents.
2. Price and Work. For the monetary consideration of [Written Dollar Amount] dollars and
[Written Cents Amount] cents ($[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.
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.]
CDBG/HUD PW DIVII 1.34 rev. 01/19
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:
DPW-S 23.0 Formal PWI/07-30-18
CITY OF FRESNO,
a California municipal corporation
By:
[Name], [Title]
Department of Public Works
Dated:
No signature of City Attorney required.
Standard Document #DPW -S 23.0
Informal PWI has been used without
modification, as certified by the
undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Department of Public Works
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By:
Date
Deputy
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
CDBG/HUD PW DIVII 1.35 rev. 01/19
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00439 Agenda Date:4/9/2020 Agenda #:1-H
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
TRHOUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations & Planning Division
BY:RANDY GUILL, Supervising Engineering Technician
Public Works Department, Traffic Operations & Planning Division
SUBJECT
RESOLUTION -Approving the Final Map of Tract No.6106 and accepting dedicated public uses
offered therein -northeast corner of North Chestnut Avenue and East Copper Avenue (Council
District 6)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6106 and
accepting the dedicated public uses offered therein,to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider,DG2 Copper River,Inc.,a California Corporation,(Darius Assemi,President),has
filed for approval,the Final Map of Tract No.6106 of Vesting Tentative Map No.6106,for a 64-lot
single-family residential planned development subdivision with one outlot for private street,
streetscape,storm drain purposes and public utility easement purposes,one outlot for bicycle and
pedestrian trail purposes and two outlots for landscape and public utility purposes,and one outlot for
future Emergency Vehicle access and public utility easement purposes,located on the northeast
corner of North Chestnut Avenue and East Copper Avenue on 16.26 net acres.
BACKGROUND
The Fresno City Planning Commission on November 7,2018 adopted Resolution No.13552
approving Vesting Tentative Map No.6106 (Tentative Map)for a 64-lot single-family residential
City of Fresno Printed on 12/12/2022Page 1 of 3
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File #:ID 20-00439 Agenda Date:4/9/2020 Agenda #:1-H
approving Vesting Tentative Map No.6106 (Tentative Map)for a 64-lot single-family residential
planned development subdivision with one outlot for private street,streetscape,storm drain purposes
and public utility easement purposes,one outlot for bicycle and pedestrian trail purposes,and two
outlots for landscape and public utility purposes,and one outlot for future Emergency Vehicle access
and public utility easement purposes on 16.26 net acres at an overall density of 3.94 dwelling units
per acre.The Fresno City Planning Commission on November 7,2018 adopted Resolution No.
13553 approving Conditional Use Permit Application No.C-18-003 authorizing a gated development
with private streets and modified property development standards.The Tentative Map was approved
consistent with the Fresno General Plan and the Woodward Park Community Plan to comply with the
provisions of the Subdivision Map Act.The approval of Vesting Tentative Map No.6106 will expire on
November 7,2020.The Final Map is technically correct and conforms to the approved Tentative
Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of
the Subdivision Map Act require a final map that is in substantial compliance with the approved
tentative map to be approved by the City Council.
The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement
for Tract No.6087,submitted securities in the total amount of $1,428,000.00 to guarantee the
completion and acceptance of the public improvements and $714,000.00 for a payment security and
has paid the miscellaneous and development impact fees due as a condition of approval for the Final
Map in the amount of $243,884.65.Covenants have been executed to defer eligible development
impact fees totaling $906,441.66 to the time of issuance of building permit and final occupancy of
each unit,for annual CFD-15 assessment notification,for temporary storm drainage facilities and for
temporary street facilities.The City Attorney’s Office has approved all documents as to form and the
Risk Management Division has approved all security bonds and insurance certificates.
MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain all
landscaped areas,trees and irrigation systems,public trails,hardscaping and amenities,traffic
calming structures,decorative stamped concrete,local street paving,project entry features,
pedestrian access connections to public trails,public parks,hardscaping,equipment and amenities,
concrete curbs and gutters,valley gutters,curb ramps and sidewalks,street name signage,street
lighting,street signs,monument signs,median island curbs,capping and maintenance band,storm
water management ponds and traffic signals and any special items as approved by the Public Works
Department within the Final Map in accordance with the adopted standards of the City.The
Subdivider has satisfied the maintenance requirement for this Final Map with the establishment of
City’s Community Facility District No. 15 (CFD-15) on February 25, 2016.
The Subdivider has executed the covenant for Maintenance of Certain Improvements and as a
condition of the Subdivision Agreement,is required to provide every prospective purchaser of each
lot of the subdivision the “Notice of Special Tax”,in accordance with the provision of Section 53341.5
of the California Government Code.The maximum annual assessment is $742.32 per lot with an
annual 3%adjustment plus the increase,if any,in the construction cost index for the San Francisco
Region.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial
action and is exempt from the requirements of CEQA.
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File #:ID 20-00439 Agenda Date:4/9/2020 Agenda #:1-H
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
There will be no impact to the City’s General Fund.Approval by the Council will result in timely
deliverance of the review and processing of the Final Map as is reasonably expected by the
Subdivider.Prudent financial management is demonstrated by the expeditious completion of this
Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map
and that fee is, in turn, funding the respective operations of the Public Works Department.
Attachments:
Resolution
Final Map of Tract No. 6087
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RESOLUTION NO
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF
TRACT NO. 6106, ACCEPTING DEDICATED PUBLIC USES
OFFERED THEREIN EXCEPT FOR DEDICATIONS
OFFERED SUBJECT TO CITY ACCEPTANCE OF
DEVELOPER INSTALLED REQUIRED IMPROVEMENTS
WHEREAS, DG2 COppER RIVER, tNC., A CALTFORNIA CORPORATION, 1396 West
Herndon Avenue, Suite 101, Fresno, CA 93711, has offered for approval a Final Map
designated as Tract No.6106, pursuant to approved Vesting Tentative Map No.6106
("tentative map"); and,
WHEREAS, all the certificates which appear on the map (except the approval
certificate of the Council of the City of Fresno and the recording certificate of the Recorder
of the County of Fresno) have been signed and acknowledged and said map has been filed
for approval; and,
WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and,
WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act
of the State of California, and City ordinances, resolutions and standards, except that
Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the
time of passage of this resolution and owner having previously filed with the Clerk of the
Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with
copies of the map considered herewith by the Council; and,
WHEREAS, the Council finds that the proposed subdivision, together with the
provisions for its design and improvement, is consistent with all applicable general and
Date Adopted:
Date Approved:
Effi ""I,1S,.3&1ip p rova r : UlU
1of 3
Resolution No.
specific plans of the City; and,
WHEREAS, the Subdivider and the Owners, whose signatures appear on the map,
and others have offered for dedication certain streets, public utility easements, access
rights and other public properties and uses as shown and delineated upon said map; and,
WHEREAS, the Planning Commission of the City of Fresno, by formal resolution,
approved said tentative map.
NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as
follows:
1. The Council finds that the map is in substantial compliance with said tentative
map, any deviations therefrom being deemed to be approved by the Council.
2. That the map is hereby approved and any and all of the streets, public utility
easements, public utility facilities, access rights and all parcels of land and easements
offered for dedication on the map are hereby accepted, unless it is stated on the Final Map
that said dedications are subject to City acceptance of Developer installed improvements,
subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act
prior to release of the map for recordation.
**rr***********
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STATE OF CALTFORNIA )
COUNTY OF FRESNO ) ss.
crTY oF FRESNO )
l, WONNE 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
AYES :
NOES :
ABSENT i
ABSTAIN :
,2020.
WONNE SPENCE, MMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Mary Raterman-Doidge Date
Deputy City Attorney
3of3
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00440 Agenda Date:4/9/2020 Agenda #:1-I
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
TRHOUGH:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations & Planning Division
BY:RANDY GUILL, Supervising Engineering Technician
Public Works Department, Traffic Operations & Planning Division
SUBJECT
RESOLUTION -Approving the Final Map of Tract No.6231 and accepting dedicated public uses
offered therein -North of the intersection of North Friant Road and East Copper River Drive,within
the Copper River Ranch planned community (Council District 6).
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6231 and
accepting the dedicated public uses offered therein,to authorize the Public Works Director or his
designee to execute the subdivision agreement on behalf of the City.
EXECUTIVE SUMMARY
The Subdivider,DG2 COPPER RIVER,INC.,A CALIFORNIA CORPORATION,(Darius Assemi,
President),has filed for approval,the Final Map of Tract No.6231 of Vesting Tentative Map No.6231,
for a 89-lot single-family residential planned development subdivision with one outlot for private
street,streetscape,and public utility easement purposes,and one outlot for landscape and open
space purposes,and two outlots for landscape purposes located North of the intersection of North
Friant Road and East Copper River Drive on 13.84 net acres.
BACKGROUND
The Fresno City Planning Commission on June 19,2019 adopted Resolution No.13588 approving
Vesting Tentative Map No.6231 (Tentative Map)for a 89-lot single-family residential planned
development subdivision with one outlot for private street,streetscape,and public utility easement
purposes,one outlot for landscape and open space purposes and two outlots for landscape
purposes on 13.84 net acres at an overall density of 6.43 dwelling units per acre.The Fresno City
City of Fresno Printed on 12/12/2022Page 1 of 3
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File #:ID 20-00440 Agenda Date:4/9/2020 Agenda #:1-I
purposes on 13.84 net acres at an overall density of 6.43 dwelling units per acre.The Fresno City
Planning Commission on June 19,2019 adopted Resolution No.13589 approving Conditional Use
Permit Application No.P-19-01850 authorizing a gated development with private streets and modified
property development standards.The Tentative Map was approved consistent with the Fresno
General Plan and the Woodward Park Community Plan to comply with the provisions of the
Subdivision Map Act.The approval of Vesting Tentative Map No.6231 will expire on June 19,2021.
The Final Map is technically correct and conforms to the approved Tentative Map,the Subdivision
Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of the Subdivision Map
Act require a final map that is in substantial compliance with the approved tentative map to be
approved by the City Council.
The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement
for Tract No.6231,submitted securities in the total amount of $374,000.00 to guarantee the
completion and acceptance of the public improvements and $187,000.00 for a payment security and
has paid the miscellaneous and development impact fees due as a condition of approval for the Final
Map in the amount of $417,350.12.Covenants have been executed to defer eligible development
impact fees totaling $1,110,229.54 to the time of issuance of building permit and final occupancy of
each unit,for annual CFD-15 assessment notification,for temporary storm drainage facilities and for
temporary street facilities.The City Attorney’s Office has approved all documents as to form and the
Risk Management Division has approved all security bonds and insurance certificates.
MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the
landscaping and irrigation systems within street and landscaping easements,concrete curbs and
gutters,valley gutters,entrance median curbs,median island and entrance street decorative
concrete,hardscapes,sidewalks,curb ramps,street lighting,interior street paving,street furniture,
pilasters,and street name signage within and adjacent to the Final Map in accordance with the
adopted standards of the City.The Subdivider has satisfied the maintenance requirement for this
Final Map with the establishment of City’s Community Facility District No.12 (CFD-12)which the City
Council approved on July 19, 2006.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial
action and is exempt from the requirements of CEQA.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
The Final Map is located in Council District 6.There will be no impact to the City’s General Fund.
Approval by the Council will result in timely deliverance of the review and processing of the Final Map
as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the
expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the
processing of this Final Map and that fee is,in turn,funding the respective operations of the Public
Works Department.
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File #:ID 20-00440 Agenda Date:4/9/2020 Agenda #:1-I
Attachments:
Resolution
Final Map of Tract No. 6231
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RESOLUTION NO
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO APPROVE THE FINAL MAP OF
TRACT NO. 6231, ACCEPTING DEDICATED PUBLIC USES
OFFERED THEREIN EXCEPT FOR DEDICATIONS
OFFERED SUBJECT TO CITY ACCEPTANCE OF
DEVELOPER INSTALLED REQUI RED IMPROVEMENTS
WHEREAS, DG2 COPPER RIVER, INC., A CALIFORNIA GORPORATION, 1396 WESI
Herndon Avenue, Suite 101, Fresno, CA 93711, has offered for approval a Final Map
designated as Tract No. 6231, pursuant to approved Vesting Tentative Map No. 6231
("tentative map"); and,
WHEREAS, all the certificates which appear on the map (except the approval
certificate of the Council of the City of Fresno and the recording certificate of the
Recorder of the County of Fresno) have been signed and acknowledged and said map
has been filed for approval; and,
WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and,
WHEREAS, the map conforms to all of the requirements of the Subdivision Map
Act of the State of California, and City ordinances, resolutions and standards, except that
Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at
the time of passage of this resolution and owner having previously filed with the Clerk of
the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along
with copies of the map considered herewith by the Council; and,
WHEREAS, the Council finds that the proposed subdivision, together with the
provisions for its design and improvement, is consistent with all applicable general and
Date Adopted:
Date Approved:EffectiveDate: . nA
City Attorney Approval: $l\(4 )
1of 3
Resolution No.
specific plans of the City; and,
WHEREAS, the Subdivider and the Owners, whose signatures appear on the
map, and others have otfered for dedication certain streets, public utility easements,
access rights and other public properties and uses as shown and delineated upon said
map; and,
WHEREAS, the Planning Commission of the City of Fresno, by formal resolution,
approved said tentative map.
NOW, THEREFORE, BE lT RESOLVED by the Council of the City of Fresno as
follows:
1. The Council finds that the map is in substantial compliance with said
tentative map, any deviations therefrom being deemed to be approved by the Council.
2. That the map is hereby approved and any and all of the streets, public utility
easements, public utility facilities, access rights and all parcels of land and easements
offered for dedication on the map are hereby accepted, unless it is stated on the Final
Map that said dedications are subject to City acceptance of Developer installed
improvements, subject to complete compliance with Sections 66492 and 66493 of the
Subdivision Map Act prior to release of the map for recordation.
,r*************
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STATE OF CALTFORNTA )
COUNTY OF FRESNO ) ss,
crTY oF FRESNO )
l, WONNE 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 tretO onthe _ day of ,2020.
AYES :NOES :
ABSENT :
ABSTAIN :
WONNE SPENCE, IVIMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Mary Raterman-Doidge Date
Deputy City Attorney
3of3
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00332 Agenda Date:4/9/2020 Agenda #:1-J
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:BRYON HORN, Chief Information Officer
Information Services Department
SUBJECT
Approve a Master License Agreement for placement of telecommunication equipment on City assets
as defined by Federal Communications Commission (FCC) Order 18-33.
RECOMMENDATION
Staff recommends that City Council approve,and allow the City Manager or designee to enter into,
the attached Master License Agreement (MLA)with telecommunications carriers.The MLA allows
third party carriers to install telecommunication equipment on City assets.
EXECUTIVE SUMMARY
Staff recommends approval of an MLA,and authority for the City Manager or designee to enter into
such agreements.The MLA will allow third party (carrier)telecommunications equipment to be placed
on City assets, subject to the following general terms:
·Initial term of 10 years, which is an industry standard.
·Assigns an annual fee of $270 per attachment, pursuant to FCC (18-33).
·Provides a fallback annual fee of $1,250 per pole in the event that the FCC order is vacated or
invalidated.
·Allows for an annual conductor or conduit lease fee of $400 per location for accessing the
City’s existing spare capacity.
·Requires carriers to pay all costs of attaching equipment.
·Offers protections for all parties to ensure that the City has the means to protect public assets.
Since March 19,2020,the MLA has been updated to insert needed provisions for structural analysis,
inspections and mitigation of City risk from use of poles for small cell deployment.The added
sections of 4.A.i. and 4.A.ii. cover these provisions.
Staff has worked with carriers in crafting the terms of the MLA.
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BACKGROUND
On March19,2019,the MLA was on the consent calendar to be considered for Council approval,
however,it was removed by staff in order to make necessary adjustments for the City’s protection.
On March 18,2019,staff received a communication from the manufacturer of the City’s infrastructure
that traffic and lighting structures are not designed for small cell deployments.To address concerns
raised by this communication,the MLA was updated to include a structural analysis of each pole
desired for small cell implementation,implement an inspection process as well as proper
indemnifications further mitigating the City’s risk.Those changes are reflected in this MLA with the
addition of sections 4.A.i. and 4.A.ii.
On September 27,2018,the FCC issued FCC Order 18-33 placing strict limits on state and local
government’s ability to manage and control government assets relating to small cell infrastructure.
FCC Order 18-33 also limits the compensation cities can receive for such implementations to $270
per pole per year.Since then,the City has been diligently working with carriers on a Master License
Agreement that would meet the needs of the City as well as comply with the requirements of the FCC
Order 18-33.The proposed MLA would be used by any carrier interested in installing
telecommunication equipment on City assets.
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 was not considered because this item does not include a bid or award of a
construction or service contract.
FISCAL IMPACT
No funds shall be expended for this agreement.The revenues from this agreement (currently
estimated at $100,000 annually) have been assumed in the General Fund five-year projections.
Attachment:
Master License Agreement
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1
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (Agreement) is made as of the date of the final signature
below, by and between the City of Fresno, a municipal corporation, having a mailing
address of 2600 Fresno Street, Fresno, CA 93721 (City or Licensor) and
_________________ (Licensee) having a mailing address of
_____________________________________.
1. Definitions.
A. "Approvals" means all certificates, permits, licenses and other approvals
that Licensee must obtain as required by law in order for Licensee or its
agents to use the Licensed Premises for the purpose intended by this
Agreement.
B. "Company Facilities" means any and all Wireless Telecommunications
Facilities to be installed, operated, and maintained by Licensee on the
Licensed Premises.
C. "City Facilities " means any and all existing facilities, inclusive of but not
limited to all buildings and improvements owned by and under the
possession and control of Licensor, including but not limited to utility poles,
lamp posts, other utility facilities, fences, gates, and all roof tops of all such
buildings, facilities and/or improvements.
D. "Defaulting Party" means the party to this Agreement that has defaulted as
provided for in Section 20 of this Agreement.
E. "Harmful Interference" means Interference that endangers the functioning
of a radio navigation service or of other safety services or seriously
degrades, obstructs, or repeatedly interrupts a radio communication service
operating in accordance with both International Telecommunications Union
Radio Regulations and the regulations of the Federal Communications
Commission.
F. "Hazardous Material” means any substance which is (i) designated,
defined, classified or regulated as a hazardous substance, hazardous
material, hazardous waste, pollutant or contaminant under any
Environmental Law, as currently in effect or as hereafter amended or
enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction
thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi)
flammable explosives, (vii) infectious materials, or (viii) radioactive
materials.
G. “Environmental Law(s)" means the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601
el seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C.
Section 6901 et seq., the Toxic Substances Control Act, 15 U.S.C. Section
2601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C.
Section 5101 et seq., and the Clean Water Act, 33 U.S.C. Section 1251 et
seq., as said laws have been supplemented or amended to date, the
regulations promulgated pursuant to said laws and any other federal, state
2
or local law, statute, rule, regulation or ordinance that regulates or
proscribes the use, storage, disposal, presence, clean-up, transportation or
release or threatened release into the environment of Hazardous Material.
H. "Improvements" means a Wireless Telecommunications Facility(ies).
I. "lnterference" means the effect of unwanted energy due to one or a
combination of emissions, radiations, or inductions upon reception in a radio
communication system, manifested by any performance degradation,
misinterpretation, or loss of information.
J. "Licensed Premises" means the property set forth in each fully executed
Right of Entry Agreement executed hereunder.
K. "Licensee's Notice Address" means _____.
L. "Licensor's Notice Address" means 2600 Fresno Street, Fresno, CA 93721.
M. "Licensor's Properties" means all those properties owned by Licensor which
is subject to this License Agreement.
N. "Non-Defaulting Party" means the party to this Agreement that has not
defaulted as provided for in Section 20 of this Agreement.
O. "Wireless Telecommunications Facilities" means the equipment and
associated structures needed to transmit and/or receive electromagnetic
signals. A Wireless Telecommunication Facility typically includes antennas,
supporting structures, enclosures and/or cabinets housing associated
equipment, cable, access roads and other accessory development.
2. Term. The Term of this Agreement shall commence on _______________, 20___,
and continue for the shortest of the following: (1) ten years from the above-
referenced commencement date; (2) until the license for each Licensed Premise
has expired; or (3) until this Agreement is otherwise terminated hereunder.
A. The term of each License shall commence upon the Commencement Date
of said License, as set forth in each fully executed Exhibit A License and
Right of Entry Agreement, and shall continue for a period of five years. The
term of each License shall renew for up to four five-year renewal terms
unless either Party gives sixty days’ written notice of its intent not to renew.
3. Rent/License Fees.
A. From and after the Commencement, Licensee shall pay a license fee for
each of the Licensed Premises in the amount of Two Hundred and Seventy
Dollars ($270) per year, paid annually on July 1 of each year for each
Licensed Premises, in accordance with Federal Communications
Commission Order No. 18-133 (FCC 18-133) (the Rent).
B. The Parties acknowledge that as of the date of this Agreement, the validity
of FCC 18-133 has been challenged by the City of Fresno in Federal Court
and is the subject of ongoing litigation nationwide. In the event that FCC
18-133 is invalidated in any way which affected the amount which can be
charged by the City for the Licensed Premises (whether stayed, overturned,
3
wholly or partially invalidated or otherwise limited), the Rent going forward
shall be the maximum amount allowed under the then-applicable law or
$270 per year per pole, whichever is greater. In the absence of any
applicable law mandating a maximum, the fee shall immediately be
calculated based upon the following formula:
i. As of October 1, 2019, the Rent/License Fee shall be Twelve
Hundred and Fifty Dollars ($1250), subject to an automatic annual
adjustment of 3% each October 1st thereafter.
C. Licensee shall also pay to Licensor fees as set forth in the City of Fresno
Master Fee Schedule and defined further below, for inspections of the
Improvements and for rental of City of Fresno infrastructure utilized by
Licensee for its Improvements, including, but not limited to normal
permitting fees per location and fees for rental of electric conduits.
4. Occupancy Restrictions. Occupancy of the Licensed Premises, subject to the
following:
A. Licensee acknowledges existing City Facilities are not designed or built to
support W ireless Telecommunication Facilities and Licensor does not
warrant or represent the ability of the City Facilities to support Wireless
Telecommunications Facilities.
i. If Licensee elects to attach onto City facilities, Licensee shall
perform and submit to Licensor a structural analysis report signed
and stamped by a California licensed professional civil or structural
engineer showing that the subject City Facility is capable of handling
the maximum load being added by Licensee. A structural analysis
shall be submitted for each licensed premise. Neither submission of
a structural analysis required hereunder, nor acceptance of the same
by the City, shall act, in any way, as a waiver by City of its rights, or
otherwise limit Licensee’s obligations under Section 4.A.ii and
Section 13 herein.
ii. Licensee expressly waives any claims against Licensor relating to
defects with the City Facilities, including, but not limited to, any
improvements located thereon and/or the habitability or suitability of
the City Facilities or the improvements located thereon for any
permitted purpose(s). Licensee indemnifies, holds Licensor
harmless, and shall defend Licensor as set forth in Section 13, from
any damages caused by Licensee’s negligence, including but not
limited to damage due to Licensee’s modifications to, or the addition
of Licensee’s facilities to City Facilities. At City’s request, not more
than once every five (5) years, Licensee shall perform an inspection
of the structure(s) and report to the Licensor of any corrosion, dents,
cracking or other defects; should Licensor in its sole discretion,
determine said defect(s) on licensed City Facilities are attributable to
4
Licensee’s use, Licensee shall, within thirty days of notice by the
City, remedy the defect in a manner acceptable to the City Engineer.
Licensee’s obtaining a structural analysis and/or conducting an
inspection shall not relieve Licensee of any liability under this
Agreement.
B. Licensee shall make every reasonable effort to ensure that each proposed
Wireless Telecommunications Facility will not affect, detract, or impact the
operation of existing Licensor facilities, particularly traffic signal control and
street lighting devices.
C. Licensee shall ensure that the proposed Wireless Telecommunications
Facility is not dependent on the resources dedicated to Licensor facilities
unless otherwise approved by Licensor.
D. Licensee shall propose new locations for Wireless Telecommunications
Facilities to Licensor. Not all Licensor facilities will be accessible due to
necessary Licensor operations. However, to the extent Licensee is seeking
to install its Wireless Telecommunications Facility on a Licensor pole, and
the Wireless Telecommunications Facility can be accommodated by
rearranging other facilities on the poles and/or replacing the pole with a
stronger and/or taller pole, Licensee may utilize such pole upon written
approval by Licensor; such rearrangement or replacement shall be
coordinated with Licensor and/or other facility(s) owner, shall be at
Licensee’s cost, and shall comport with all applicable City policies. Licensor
shall have the final and absolute authority to approve or reject said
locations.
In the event of damage, Licensor shall not be obligated to repair or restore
the Wireless Telecommunications Facility to normal operating conditions
unless Licensor is the primary and direct cause of such damage. As
between Licensee and Licensor, Licensee shall bear all other costs incurred
to repair or restore Wireless Telecommunications Facilities. Licensee shall
make every reasonable effort during the deployment and maintenance of
the Wireless Telecommunications Facilities to restore Licensor facilities in
a safe and timely manner. Licensee shall be fully responsible for all
damages incurred by Licensor, including but not limited to loss of revenue
incurred in association therewith.
E. Licensee shall give Licensor reasonable notice (of no less than fourteen
days) prior to impacting Licensor facilities in a manner that is beyond the
routine maintenance (including changing the frequency of the equipment
and like-for-like replacement of the equipment) and operation of Wireless
Telecommunications Facilities. Provided, however, that in the event of an
emergency, including but not limited failure of Licensee’s equipment,
Licensee shall give such notice, if any, as is reasonable under the
circumstances.
5. Construction, Engineering, and Other Costs.
5
A. Licensor shall have no financial responsibility for planning, construction,
and engineering costs associated with the implementation of this License
Agreement.
B. Licensee shall pay appropriate City permitting fees as set forth in the Master
Fee Schedule.
C. Licensee shall furnish and install its own power source independent from
the Licensor for the electricity used by the Wireless Service Providers.
i. Where feasible, appropriate and desirable, Licensee may non-
exclusively lease from the City excess access to power (i.e.
conductor(s) and/or conduit(s)) for the purpose of providing power to
Licensee’s equipment at a rate of $400 per year per Licensed
Premise, subject to the same automatic annual adjustment set forth
in Section 3.B.i., in order for the City to recoup the additional
operating cost associated with such access. Licensee shall be
responsible for all costs and for the procurement of all approvals,
permits, and inspections associated with and required for access.
The Licensee understands that the City’s design for its street lighting
access to power and the operating of those streetlights does not
allow shared conductor(s) and/or conduit(s) use. This provision may
be re-addressed at the time that the City re-designs its systems.
ii. Licensee acknowledges existing conduit(s) and/or conductor(s) are
not designed or built to accommodate third party access. Existing
conduit(s) and/or conductor(s) may fail at any time and Licensor shall
retain the ability to repair damaged conduit(s) and/or conductor(s) at
any time and within its sole discretion. Licensee may repair the
damaged conduit(s) and conductor(s) at no cost to the Licensor.
Licensee acknowledges that many City Facilities are serviced by
direct burial conductors to the utility point of connection, which fail
often; Licensee may replace the direct burial conductor with a new
conduit and conductors per City standards and specifications to have
reliable utility service. Licensor shall not bear any cost to replace the
existing direct burial conductors with a new conduit and conductors.
All new conduit and conductors proposed for replacement, repair,
modification, or installation shall be noted in designs submitted for
City approval; such installations shall be paid for by Licensee and
shall be property of the Licensor upon acceptance by the City.
iii. Per State and Federal regulations, the City is not allowed to share its
power for powering light fixtures on poles. Licensee shall be required
to:
a) Set a pull box for existing poles that do not have one.
b) Update locking lids if existing concrete layer is broken for
installation of equipment.
c) Locking lids shall be keyed to City of Fresno keys.
6
d) Utilize striped conductor wires or label wires properly to
differentiate from Licensor’s existing conductor wires.
e) Comply with all applicable City of Fresno standard
specifications for like facilities and/or work.
D. Where Licensor implementations exist on poles, Licensee may only coexist
where physically possible, taken into consideration possible
rearrangements or replacement in accordance with Section 4.C. Licensee
shall not install equipment where such installing equipment on a pole would
compromise the safety of that pole (wind rating, weight bearing, etc.).
6. Licensed Premises; Survey. Licensee has provided Licensor with a copy of an
"as-built" survey for each Licensed Premises, which shall depict and identify the
boundaries of each Licensed Premises and any attendant easements.
7. Access. Licensee shall execute a Right of Entry Agreement in the form at tached
hereto as Exhibit A for each Licensed Premise. Conditioned upon and subject to
commencement of the License Term, Licensor grants to Licensee and Licensee's
employees, agents, contractors, licensees and their employees, agents, and
contractors access to the Licensed Premises, for the purpose of constructing,
repairing, maintaining, replacing, and removing the facility to be located upon each
Licensed Premises as necessary to obtain or comply with any stipulations in the
Right of Entry Agreement (Exhibit A). The Right of Entry Agreement shall be
utilized for the purposes provided.
8. Use of Property. The Licensed Premises and the Right of Entry Agreement shall
be used for the purpose of constructing, repairing, maintaining, replacing,
operating, and removing the Improvements and for uses incidental thereto. All
Improvements shall be constructed at no expense to Licensor. All Improvements,
inclusive of security fences, shall comply with the requirements of the Fresno
Municipal Code and all other laws and regulations applicable thereto, and Licensee
shall obtain all required and necessary governmental agency Approvals and
permits. Licensee will maintain the Licensed Premises in a safe condition. It is the
intent of the parties that Licensee's Improvements shall not constitute a fixture.
A. Maintenance and Operation. At its sole cost and expense, Licensee shall
construct, install, and maintain Wireless Telecommunication Facilities on
Licensor’s Properties in accordance and conformity with all applicable laws,
polices, guidelines, and contractual obligations to Licensor. Licensor shall
not be responsible for any cost of maintaining or operating any Wireless
Telecommunication Facility. If the Licensor elects, in its sole discretion, to
remove or relocate the pole comprising the Licensed Premises subject to
this Agreement, Licensee shall promptly remove and reinstall its Wireless
Telecommunication Facility, at no cost to Licensor. In the event of pole
relocation, the Licensor shall provide sixty days’ notice to
Licensee. Licensor shall not be responsible for any damage to any
Wireless Telecommunication Facility in the event that a pole falls or is
knocked down, nor shall Licensor be responsible for any damage to
7
Licensee’s Wireless Telecommunication Facilities caused by a pole
removal or relocation.
B. Compliance with FCC Regulations.
i. Licensee will operate its Wireless Telecommunications Facilities in
compliance with all FCC regulations regarding Interference with the
radio signal transmissions of Licensor and other third parties in or
upon a City Facility, which transmissions are operated in compliance
with Laws.
9. Removal of Obstructions. Licensee has the right to remove obstructions from
Licensor's Property, as approved by Licensor, which approval shall be requested
in writing by Licensee and shall not be unreasonably withheld, conditioned or
delayed by Licensor. Potential obstructions include but are not limited to
vegetation, which may encroach upon, interfere with or present a hazard to
Licensee's use of the Licensed Premises Licenses. Licensee shall dispose of any
materials removed.
10. Hazardous Materials.
A. Licensee's Obligation and Indemnity. Licensee shall not (either with or
without negligence) cause or permit the escape, disposal or release of any
Hazardous Materials on or from the Licensed Premises in any manner
prohibited by law. Licensee shall indemnify and hold Licensor harmless
from and against any and all claims, damages, fines, judgments, penalties,
costs, liabilities or losses (including, without limitation, any and all sums paid
for settlement of claims, attorneys' fees, and consultants' and experts' fees)
from the release of any Hazardous Materials on the Licensed Premises if
caused by Licensee or persons acting under Licensee.
11. Real Estate Taxes. To the extent that a possessory interest is deemed created,
Licensee acknowledges that notice is and was hereby given to Licensee pursuant
to California Revenue and Taxation Code Section 107.6 that use or occupancy of
any public property may subject the Licensee to possessory interest taxes or other
taxes levied against Licensee's right to possession, occupancy or use of any public
property. Licensee shall pay all applicable (federal, state, county, city, local)
excise, sales, consumer use, possessory interest, or other similar taxes required
by law that are levied upon this Agreement or upon Licensee's services under this
Agreement. Licensee agrees to reimburse Licensor for any documented increase
in real estate or personal property taxes levied against Licensor's Property that are
directly attributable to the Improvements. Licensor agrees to provide Licensee any
documentation evidencing the increase and how such increase is attributable to
Licensee's use. Licensee reserves the right to challenge any such assessment,
and Licensor agrees to cooperate with Licensee in connection with any such
challenge.
12. Insurance. At all times during the performance of its Due Diligence Investigation
and during the License Term, Licensee, at its sole expense, shall obtain and keep
in force the required insurance as set forth in the attached Exhibit B. The
8
insurance provisions shall be separate and independent from the indemnification
and defense provisions between the Licensee and Licensor and shall not in any
way limit the applicability, scope or obligations of the indemnification defense
provisions in Section 13
13. Indemnification. To the furthest extent allowed by law, Licensee shall indemnify,
hold harmless and defend Licensor 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
Licensor, Licensee 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.
Licensee’s obligations under the preceding sentence shall apply regardless of
whether Licensor or any of its officers, officials, employees, agents or volunteers
are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures,
costs or damages caused solely by the gross negligence, or caused by the willful
misconduct, of Licensor or any of its officers, officials, employees, agents or
volunteers. If Licensee should subcontract all or any portion of the work to be
performed under this Agreement, Licensee shall require each subcontractor to
indemnify, hold harmless and defend Licensor 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.
14. Eminent Domain. If Licensor receives notice of a proposed taking by e minent
domain of any part of the Licensed Premises, Licensor will notify Licensee of the
proposed taking within five days of receiving said notice and Licensee will have
the option to: (i) declare this Agreement null and void and thereafter neither party
will have any liability or obligation hereunder other than payment of Rent for so
long as Licensee remains in physical possession of the Licensed Premises; or (ii)
remain in possession of that portion of the Licensed Premises that will not be taken,
in which event there shall be an equitable adjustment in Rent on account of the
portion of the Licensed so taken.
15. Sale of Property. If during the Lease Term, Licensor sells all or part of Licensor's
Property, of which the Licensed Premises is a part, then such sale shall be subject
to this Agreement.
16. Surrender of Property. Upon expiration or termination of this Agreement,
Licensee shall, within a reasonable time, remove all above and below ground
Improvements and restore the Licensed Premises to its original condition, normal
wear and tear excepted, without, however, being required to replace any trees or
other plants removed, or alter the then existing grading.
17. Recording. Licensee shall have the right to record a memorandum of the
Agreement with the Fresno County Recorder's Office. Licensor shall execute and
deliver each such memorandum, for no additional consideration, promptly upon
Licensee's request.
9
18. Quiet Enjoyment. Licensor covenants that Licensee, on paying Rent and
performing the covenants of this Agreement, shall peaceably and quietly have,
hold and enjoy the Licensed Premises.
19. Default.
A. Notice of Default; Cure Period. If there is a default by Licensor or Licensee
(the Defaulting Party) with respect to any of the provisions of this Agreement
or Licensor's or Licensee's obligations under this Agreement, the other party
(the Non-Defaulting Party) shall give the Defaulting Party written notice of
such default. After receipt of such written notice, the Defaulting Party shall
have thirty days in which to cure any monetary default and thirty days in
which to cure any non-monetary default. If a non-monetary default
reasonably requires more than a thirty-day cure period, the Defaulting Party
shall diligently pursue cure to completion and shall request additional time
to cure from the Non-Defaulting Party. The Non-Defaulting Party shall not
unreasonably withhold approval of additional time to cure. The Non-
Defaulting Party may not maintain any action or effect any remedies for
default against the Defaulting Party unless and until the Defaulting Party
has failed to cure the same within the time periods provided in this Section.
B. Consequences of Licensee's Default. In the event that Licensor
maintains any action or effects any remedies for default against Licensee
resulting in Licensee's dispossession or removal, (i) the Rent shall be paid
up to the date of such physical dispossession or removal and (ii) Licensor
shall be entitled to recover from Licensee, in lieu of any other damages, as
liquidated, final damages, a sum equal to six months' Rent which shall be
calculated at the highest value of the Rent which is in effect on the date of
default and for the six-month period thereafter. In no event shall Licensee
be liable to Licensor for indirect or speculative damages in connection with
or arising out of any default.
C. Consequences of Licensor's Default. If Licensor is in default beyond the
applicable periods set forth above in Section 20(A), Licensee may, at its
option, upon written notice: (i) terminate the Lease, vacate the Licensed
Premises and be relieved from all further obligations under this Agreement;
(ii) perform the obligation(s) of Licensor specified in such notice, in which
case any expenditures reasonably made by Licensee in so doing shall be
deemed paid for the account of Licensor and Licensor agrees to reimburse
Licensee for said expenditures upon demand; (iii) take any actions that are
consistent with Licensee's rights; (iv) sue for injunctive relief, and/or (v) set-
off from Rent any amount reasonably expended by Licensee as a result of
such default.
20. Termination. Notwithstanding any other provision to the contrary, Licensor and
Licensee shall each have the absolute right to terminate this Agreement for cause
as provided herein; either Party may terminate any individual License and Right of
Entry Agreement executed hereunder upon sixty days’ notice to the other party
with cause. Licensee may also terminate any individual License and Right of Entry
10
Agreement executed hereunder without cause upon sixty days’ notice to Licensor
and removal of all Company Facilities from the License Premises subject to the
License and Right of Entry Agreement being terminated.
21. Amendments. This Agreement may be amended with the mutual agreement of
the parties. All amendments hereto shall be in writing executed by the parties.
22. Force Majeure. If an event or condition constituting a "force majeure"–including,
but not limited to, an act of God, labor dispute, civil unrest, epidemic, or natural
disaster–prevents or delays either the Licensor or the Licensee (Party) from
performing or fulfilling an obligation under this Agreement, said Party is not in
Default, under Section 20 of this Agreement, of the obligation. A delay beyond a
Party's control automatically extends the time, in an amount equal to the period of
the delay, for the Party to perform the obligation under this Agreement. The
Licensor and Licensee shall prepare and sign an appropriate document
acknowledging any extension of time under this Section.
23. Applicable Law. This Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State of California. The
parties agree that the venue for any litigation regarding this Agreement shall be
the state of California.
24. Assignment, Sublease, Licensing and Encumbrance. Licensee may assign
this Agreement to a person or entity with demonstrated capacity to carry out
Licensee 's obligations under this Agreement. Licensee shall provide thirty days’
prior written notice of such assignment to Licensor. Notwithstanding the foregoing,
upon thirty days’ written notice, Licensee may assign this Agreement or its rights
or obligations to (a) an affiliate or (b) in connection with the sale or other transfer
of substantially all of Licensee’s assets in the FCC market area where the City
Facilities are located. Licensee may enter into subleases, licenses, or other
authorizations (Sub-Authorizations) to allow a third party to utilize and operate from
the Leased Premises, so long as such third party is a provider of services that
utilize Wireless Telecommunications Facilities. Sub-Authorizations shall not
require the consent of Licensor.
25. Miscellaneous.
A. Entire Agreement. Licensor and Licensee agree that this Agreement
contain all of the agreements, promises and understandings between
Licensor and Licensee with regard to the subject matter herein. No oral
agreements, promises or understandings shall be binding upon either
Licensor or Licensee in any dispute, controversy or proceeding at law. Any
addition, variation or modification to this Agreement shall be void and
ineffective unless made in writing and signed by the parties hereto.
B. Captions. The captions preceding the Sections of this Agreement are
intended only for convenience of reference and in no way define, limit or
describe the scope of this Agreement or the intent of any provision hereof.
C. Construction of Document. Licensor and Licensee acknowledge that this
document shall not be construed in favor of or against the drafter by virtue
11
of said party being the drafter and that this Agreement shall not be
construed as a binding offer until signed by Licensee.
D. Notices. All notices hereunder shall be in writing and shall be given by (i)
established national courier service which maintains delivery records, (ii)
hand delivery, or (iii) certified or registered mail, postage prepaid, return
receipt requested. Notices are effective upon receipt, or upon attempted
delivery if delivery is refused or if delivery is impossible because of failure
to provide reasonable means for accomplishing delivery. The notices shall
be sent to Licensor at Licensor's Notice Address and to Licensee at
Licensee's Notice Address.
E. Partial Invalidity. If any term of this Agreement is found to be void or
invalid, then such invalidity shall not affect the remaining terms of this
Agreement, which shall continue in full force and effect.
[Signatures follow on the next page.]
12
IN WITNESS WHEREOF, Licensor and Licensee , having read the foregoing and
intending to be legally bound hereby, have executed this Agreement as of the day and
year this Agreement is fully executed.
LICENSOR
CITY OF FRESNO,
A California municipal corporation
By:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Raj Singh Badhesha Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, MMC CRM
City Clerk
By:
Date
Deputy
LICENSEE
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
13
EXHIBIT A
LICENSE AND RIGHT OF ENTRY AGREEMENT
PURSUANT TO MASTER LEASE AGREEMENT ________________
This License and Right of Entry Agreement (this License) is made as of the date of the
final signature below, by and between the City of Fresno, a municipal corporation, having
a mailing address of 2600 Fresno Street, Fresno, CA 93721 (Licensor) and
______________________________ (Licensee).
RECITALS
A. Licensor and Licensee are parties to that certain Master Lease Agreement, dated
____________ (the Master Lease Agreement), which is incorporated herein by
this reference. All defined terms not otherwise defined herein, shall have the same
meaning provided in the Master Lease Agreement.
B. Pursuant to the Master Lease Agreement, the parties are to enter into a License
and Right of Entry Agreement for each individual License under the Master Lease
Agreement.
C. The parties desire to enter into a License for Licensee’s use of the Lease Premises
more particularly identified and depicted in Exhibit A hereto (the Licensed
Premises).
D. Licensor is the owner, either in fee or as right-of-way of the real property interest
underlying the Licensed Premises.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is acknowledged by each of the Parties, the Parties agree as follows:
AGREEMENT
1. Recitals. Each and all of the foregoing recitals of background facts are
incorporated herein by this reference as though set forth herein verbatim.
2. Purpose. Pursuant to this License, Licensee may enter upon the Licensed
Premises for the purpose of constructing, repairing, maintaining, replacing,
demolishing and removing its Improvements.
3. License and Right of Entry. Licensor hereby grants to Licensee and its agents,
employees, contractors, subcontractors, and volunteers non-exclusive permission
to enter over and across, as well as to use the Licensed Premises as is reasonable
and necessary to execute the Purposes of this License set forth above.
4. Commencement Date and Term. This License shall commence on
______________________________ (Commencement Date) and shall continue
for the period set forth in the Master Lease Agreement.
5. Rent. Licensee shall pay Rent as set forth in the Master Lease Agreement.
6. Entry at Own Risk; No Duty to Warn. Licensee and its agents, employees,
contractors, subcontractors, and volunteers shall access, enter and use the
Property at their own risk and peril. Licensor shall have no duty to inspect the
14
Property (or any portion thereof) and no duty to warn of any latent or patent defect,
condition or risk which may exist on the Property.
7. Liens. Licensee shall not permit to be placed against the Property, or any part
thereof, any mechanics', materialmen's, contractors' or other liens (collectively, the
Liens) arising out of the acts or omissions of the Licensee or its agents, employees,
contractors, subcontractors, or volunteers hereunder. Licensee hereby indemnifies
and agrees to hold the Licensor and the Property free and harmless from all liability
for any and all such Liens, together with all costs and expenses, including, but not
limited to, attorneys' fees and court costs reasonably incurred by Licensor in
connection therewith.
8. Hazardous Substances. Licensee and its agents, employees, contractors,
subcontractors, and volunteers shall not use, store or transport or allow the use,
storage or transportation of any hazardous substances on or onto the Property.
9. Restoration of the Property. Upon the expiration or termination of this License
Licensee shall, at its own cost and expense, restore the Property to the same
condition in which it was prior to Licensee's entity.
10. Successors and Assigns. This License shall be binding upon and inure to the
benefit of each of the parties hereto and their respective successors and assigns.
11. Permits. Prior to beginning any work, Licensee at its sole expense, shall obtain
all necessary permits to use the Premises as permitted under this License.
12. All Expenses to Be Borne by Licensee. Licensee shall bear any and all costs
and expenses associated with the rights granted to Licensee to use the Premises,
or any unforeseen costs or expenses incurred by the City relating to Licensee's
use of the Premises in the performance of this License.
13. Governing Law. This License shall be governed in accordance with the laws of
the State of California.
14. Counterparts. This License may be executed in counterparts, each of which shall
be deemed an original and which together shall constitute a single agreement.
[Signatures follow on the next page.]
15
IN WITNESS WHEREOF, Licensor and Licensee having read the foregoing and
intending to be legally bound hereby, have executed this License as of the day and year
this License is fully executed.
LICENSOR
CITY OF FRESNO,
A California municipal corporation
By:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Raj Singh Badhesha Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, MMC CRM
City Clerk
By:
Date
Deputy
LICENSEE
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
16
EXHIBIT B
(a) Throughout the life of this Agreement, Licensee shall pay for and maintain
in full force and effect all insurance as required herein 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, except to the extent Licensee elects to self-insure in accordance with this
Agreement. The required policies of insurance as stated herein shall maintain limits of
liability in the amounts stated therein.
(b) If at any time during the life of the Agreement or any extension, Licensee or
any of its subcontractors fail to maintain any required insurance in f ull force and effect, all
services and work under this Agreement shall be discontinued immediately, and all
payments due or that become due to Licensee 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
Licensee 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 h ad proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Licensee shall not be deemed to
release or diminish the liability of Licensee, 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 Licensee.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of Licensee, vendors, suppliers, invitees, Licensees,
subcontractors, consultants, or anyone employed directly or indirectly by any of them.
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 Co mmercial 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, to the extent applicable under the most current version of
Insurance Services Office (ISO) Commercial General Liability Coverage
Form CG 00 01) with limits of liability set forth under “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
17
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).
3. Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
LIMITS OF INSURANCE
LICENSEE shall procure and maintain for the duration of the contract insurance with limits
of liability set forth below.
1. COMMERCIAL GENERAL LIABILITY
(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.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of California
with statutory limits and EMPLOYER’S LIABILITY with limits of liability
of:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. PROPERTY: Limits of insurance in an amount equal to the full (100%)
replacement cost (without deduction for depreciation) of Licensee’s business
property. Licensee may self-insure this risk in accordance with the terms for
self-insurance herein.
UMBRELLA OR EXCESS INSURANCE
In the event Licensee purchases an Umbrella or Excess insurance policy(ies) to meet the
“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. Licensee may
use any combination of primary and excess insurance to meet the total limits required.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Licensee shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and Licensee shall also be responsible for payment of any self -
insured retentions. Any self-insured retentions must be declared on the Certificate of
Insurance
18
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) LICENSEE shall provide at least thirty calendar days’ written notice to CITY
of cancellation or nonrenewal of any required coverage that is not replaced,
except ten days for nonpayment of premium. Upon issuance by the
insurer, broker, or agent of a notice of cancellation or non -renewal, or
reduction in coverage or in limits below those required by this Agreement,
Licensee shall furnish City with a new certificate and applicable required
endorsements for such policy(ies). In the event any policy is due to expire
during the work to be performed for City, Licensee shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy
not less than ten calendar days prior to the expiration date of the expiring
policy.
(ii) The Commercial General and Automobile Liability insurance policies s hall
be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall
include City, its officers, officials, agents, employees, and volunteers as an
additional insured. Licensee shall establish additional insured status for the
City and for all ongoing and completed operations under the Commercial
General Liability policy by use of ISO Forms or an executed manuscript
insurance company endorsement providing additional insured status. The
Commercial General endorsements must be as broad as that contained in
ISO Forms: both CG 20 10 & CG 20 37, current versions or their equivalent.
(iv) The Commercial General and Automobile Liability insurance shall contain,
or be endorsed to contain, that the Licensees’ insurance shall be primary to
and require no contribution from the City. The Commercial General Liability
policy is required to include primary and non- contributory coverage in favor
of the City for both the ongoing and completed operations coverage. For
any claims related to this Agreement, Licensee’s insurance coverage shall
be primary insurance with respect to the City, its officers, officials, agents,
employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, agents, employees and volunteers shall be
excess of the Licensee’s insurance and shall not contribute with it.
(v) These coverages shall contain no special limitations on the scope of
protection afforded to City, its officers, officials, employees, agents, and
volunteers.
(vi) Should any of the policies required under this Agreement provide that the
defense costs are paid within the Limits of Liability, thereby reducing the
available limits by defense costs, then the requirement for the Limits of
Liability of these polices will be twice the above stated limits.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed
to contain, a waiver of subrogation as to City, its officers, officials, agents,
employees, and volunteers.
19
(viii) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to C ity, its
officers, officials, agents, employees, and volunteers.
(ix) Notwithstanding the foregoing, Licensee shall have the right to self-insure
the coverages required in this Agreement. In the event L icensee elects to
self-insure its obligation to include the City as an additional insured, the
following provisions shall apply (in addition to those set forth in subsection
(a)): (i) Licensee or its parent company shall have and continuously
maintain a tangible net worth of at least one hundred million dollars
($100,000,000); (ii) licensee continuously maintains appropriate loss
reserves for the amount of its self -insurance obligations under this Exhibit
B, which reserves are annually approved by Ernst & Young, or any
successor auditing company; (iii) Licensee shall undertake the defense of
any self-insured claim for which a defense and/or coverage would have
been available from the insurance company, including a defense of the City,
at Licensee’s sole cost and expense, with counsel selected by Licensee and
reasonably acceptable to City; (iv) Licensee shall use its own funds to pay
any claim or replace property or otherwise provide the funding which would
have been available from insurance proceeds but for L icensee’s election
to self-insure; (v) Licensee shall pay any and all amounts due in lieu of
insurance proceeds which would have been payable if L icensee had carried
the insurance policies, which amounts shall be treated as insurance
proceeds for all purposes under this Agreement; and (vi) All amounts which
Licensee pays or is required to pay and all loss or damages resulting from
risks for which Licensee has elected to self-insure shall not limit Licensee’s
indemnification obligations set forth in this Agreement.
PROVIDING OF DOCUMENTS - Licensee shall furnish City with all certificate(s)
and applicable required endorsements effecting coverage required herein. If
determined by the City to be compliant with this Agreement 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 in connection with Licensee’s denial of a claim under an insurance policy, or
as required to meet insurance requirements under this Agreement, Licensee 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. All subcontractors
working under the direction of L icensee shall also be required to provide all
documents noted herein.
SUBCONTRACTORS- If Licensee subcontracts any or all of the services to be
performed under this Agreement, Licensee shall require, at the discretion of the
City Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance
20
protection. Any required Side Agreement(s) and associated insurance documents
for the subcontractors must be reviewed and preapproved by City Risk Manager
or designee. If no Side Agreement is able to be obtained, Licensee shall be solely
responsible for ensuring that its subcontractors maintain insurance coverage at
levels no less than those required by applicable law and is customary in the
relevant industry. Provided, however, nothing in this section shall diminish
Licensee’s indemnification obligations pursuant to Section 13 of this Agreement.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00454 Agenda Date:4/9/2020 Agenda #:1-K
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:LEE BRAND, Mayor
Office of the Mayor & City Manager
WILMA QUAN, City Manager
Office of the Mayor & City Manager
LUIS CHAVEZ, Councilmember
City Council District 5
BY:TIM A. ORMAN, Chief of Staff to the Mayor
Office of the Mayor & City Manager
SUBJECT
Actions pertaining to the Kings Canyon Apartments affordable housing project located at the 5100
block of East Kings Canyon Avenue:
1.Approve a Second Amendment to Amended and Restated Disposition and Development
Agreement between the Cesar Chavez Foundation and City of Fresno; and
2.Approve a Grant Agreement between the Cesar Chavez Foundation and the City of Fresno to
execute Council’s previous budget action to provide a $500,000 grant (District 5)
RECOMMENDATIONS
The Mayor,Councilmember Chavez and the City Manager recommend the Council approve the
Second Amendment to the Amended and Restated Disposition and Development Agreement (DDA)
and the Grant Agreement between the Cesar Chavez Foundation (Developer)and the City of Fresno
(City).
EXECUTIVE SUMMARY
On February 13,2020,the Council voted to approve the 14th Amendment to the Annual
Appropriation Resolution (AAR)No.2019-133,which included the approval of Budget Motion 31 to
provide $500,000 to the Developer in order to receive the necessary long-term financing for the
completion of their affordable housing project that includes 89 multi-family units and 46 senior units.
The Administration,in consultation with the City Attorney,determined that it would be necessary to
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File #:ID 20-00454 Agenda Date:4/9/2020 Agenda #:1-K
The Administration,in consultation with the City Attorney,determined that it would be necessary to
amend the DDA and create a Grant Agreement in order to disburse the funds.Approval of both
agreements will allow the City to complete the process and provide a check to the Developer.
BACKGROUND
The first Council action on Developer’s Kings Canyon Apartments (Project)took place on March 5,
2015,with an Option Agreement and a DDA between Developer and the City.That agreement was
amended on June 20,2016,and then amended and restated on March 23,2017,in order to assist
Developer with securing the necessary financing to build the Project.The DDA was amended once
again on November 2,2017,to clarify the parties’roles in the construction and maintenance of the
Project.What was once vacant,undeveloped property in Southeast Fresno is now a new 135-unit
affordable housing complex in Southeast Fresno due to the diligence of Developer and the support of
City staff,both past and present.Today’s action will allow Developer to finalize their funding and start
working on its next project(s) in the City.
ENVIRONMENTAL FINDINGS
This is not a project for the purposes of CEQA.
LOCAL PREFERENCE
Not applicable
FISCAL IMPACT
Not applicable.These funds were appropriated for this purpose by the Council on February 13,2020,
with the approval of the 14th Amendment to the Annual Appropriation Resolution (AAR) No. 2019-133
Attachments:
Second Amendment to Amended and Restated Disposition and Development Agreement
Grant Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00389 Agenda Date:4/9/2020 Agenda #:1-L
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:KERRI L. DONIS, Fire Chief
Fire Department
SUBJECT
***RESOLUTION -38th Amendment to the Annual Appropriation Resolution (AAR)No 2019-133
appropriating $128,100 from the State Homeland Security Grant Program to the Fire Department to
purchase equipment and provide training. (Subject to Mayor’s Veto) (Requires 5 affirmative votes)
RECOMMENDATION
It is recommended Council approve the 38th Amendment of the Annual Appropriation Resolution (AAR)
2019-133 establishing appropriations in the amount of $128,100 for Fiscal Year 2020 in accordance with
the award from the State Homeland Security Grant Program to purchase first-responder equipment and
provide training.
EXECUTIVE SUMMARY
The Fire Department participated in the annual State Homeland Security Grant Program process with
other Fresno County public safety and law enforcement agencies and was awarded $128,100 to
purchase equipment and provide training.An adopted City Council Resolution is required to enable the
Fire Department to process the grant and receive payment of the grant funds.
BACKGROUND
A State Homeland Security Grant Program has been made available through the U.S.Department of
Homeland Security Office of Domestic Preparedness.The Fire Department was included in the grant
process along with other Fresno County Public safety and law enforcement agencies.
Grant awards have been made and the Fire Department was awarded $128,100 for various equipment
purchases including:Personal Protective Equipment ($13,500);Rescue Equipment ($4,900);Radio &
Communications Equipment ($62,800);Video,Media &Conferencing Equipment ($33,900);and
weapons of mass destruction training ($13,000).An adopted City Council resolution is required to
enable the Fire Department to process the grant,to allow the Fire Chief to sign all require grant
documents, and to receive payment of the grant funds.
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File #:ID 20-00389 Agenda Date:4/9/2020 Agenda #:1-L
ENVIRONMENTAL FINDINGS
This item is not a project as defined by CEQA.
LOCAL PREFERENCE
Local preference was not implemented because this item does not include a bid or an award of a service
contract.
FISCAL IMPACT
There will be no net General Fund impact.All expenditures will be fully reimbursed from authorized
grant funding.
Attachments:
38th Resolution
2018 Approval Letter
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Date Adopted:
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Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 38th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2019-133 APPROPRIATING
$128,100 FROM THE STATE HOMELAND SECURITY GRANT
PROGRAM TO THE FIRE DEPARTMENT TO PURCHASE
EQUIPMENT AND PROVIDE TRAINING
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: FIRE DEPARTMENT
Homeland Security Grant-Fire $ 128,100
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Homeland Security Grant-Fire
Revenues:
Account: 33104 Fed-Grant $ 128,100
Fund: 22035
Org Unit: 160201
Total Revenues $ 128,100
Appropriations:
Account: 51301 Overtime $ 13,000
57413 Equipment 81,100
59326 10C and 10X Charges 34,000
Fund: 22035
Org Unit: 160201
Total Appropriations $ 128,100
THAT the purpose is to appropriate $128,100 for weapons of mass destruction training
($13,000) and equipment purchases ($115,100).
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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
Chairman, Board of Supervisors
P.O Box 11867
Nathan Magsig
Fresno, CA 93775
Fresno County
August 5, 2019
Dear Mr. Magsig:
MARK S. GHILARDUCCI
DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
TELEPHONE (916) 845-8510 l FAX (916) 636-3880
NOTIFICATION OF SUBRECIPIENT APPLICATION APPROVAL
FY 2018 Homeland Security Grant Program (HSGP)
Subaward #: 2018-0054, Cal OES ID: 019-00000
The California Governor's Office of Emergency Services (Cal OES) has approved your FY
2018 Homeland Security Grant Program (HSGP) application in the amount of $1,074,211.
As of the date of this letter, you may request reimbursement of eligible grant expenditures
using the Cal OES Financial Management Forms Workbook (FMFW) available at
www.caloes.ca.gov. A copy of your approved subaward is enclosed for your records.
Any activities requiring additional review (e.g., Environmental Planning and Historic
Preservation, Allowability Requests, procurement of Aviation or Controlled Equipment, etc.)
shall not incur costs until you receive written approval for those activities.
This subaward is subject to all provisions of 2 CFR Part 200, Subpart F - Audit
Requirements. Any funds received in excess of current needs, approved amounts, or those
found owed as a result of a final review or audit, must be refunded to the State within 30
days upon receipt of an invoice from Cal OES.
SUBJECT:
Homeland Security & Emergency Management Grants Processing
Enclosure
cc: Subrecipient file
GAVIN NEWSOM
GOVERNOR
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00399 Agenda Date:4/9/2020 Agenda #:1-M
REPORT TO THE CITY COUNCIL
April 9, 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:ANITA LUERA, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Approve the Second Amendment to the professional consultant services agreement with Carollo
Engineers,Inc.,for preparation of workplans for evaluation of the existing groundwater monitoring
well network and arsenic and manganese assessment at the Fresno-Clovis Regional Wastewater
Reclamation Facility,increasing the contract amount by $690,050,for a not to exceed amount of
$989,337,and extend the completion date from December 10,2019 to October 29,2021.(Council
District 3 and Citywide)
RECOMMENDATIONS
Staff recommends that City Council approve the Second Amendment to the Professional Consultant
Services Agreement (Agreement),increasing the contract amount by $690,050,with Carollo
Engineers,Inc.,(Consultant),to complete the expanded scope of work as required of the previously
submitted workplans for regulatory compliance and extend the Agreement duration for the evaluation
and assessment project,and authorize the Director of Public Utilities,or designee,to sign the
Second Amendment on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
On May 21,2019,the City entered into an Agreement with the Consultant to prepare workplans for
the evaluation of the existing groundwater monitoring well network and an arsenic and manganese
assessment at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF)(Project).
These workplans were completed and submitted to the Central Valley Regional Water Quality
Control Board (Board)in accordance with Waste Discharge Requirements (WDR)Order R5-2018-
0080 which was adopted by the Board on December 13,2018.As further required by the WDR,an
Arsenic and Manganese Groundwater Compliance Assessment Report (Report)shall also be
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Arsenic and Manganese Groundwater Compliance Assessment Report (Report)shall also be
submitted.This Report will be based on the work identified in the previously developed workplan
and is due to the Board by June 7,2021.Failure to submit the Report and to meet the deadlines
established by the WDR will result in a non-compliance status for the RWRF.
BACKGROUND
The Wastewater Management Division operates the RWRF in accordance with WDR Order R5-2018-
0080 adopted by the Board on December 13,2018.The WDR is the regulatory document that
establishes numeric or narrative limits on the final effluent of the RWRF and on the receiving
groundwater and also contains time-sensitive provisions that are required to be completed in order
for the City to remain in compliance with the WDR.Provision J of the WDR provides a compliance
schedule for submission of a series of workplans and reports to the Board for approval.
On May 21,2019,the City entered into a $250,000 Agreement with the Consultant to prepare
workplans for evaluations of the existing groundwater monitoring well network,and an arsenic and
manganese assessment at the RWRF.On October 25,2019,City Council approved the First
Amendment to the Agreement in the amount of $49,287 expanding the scope of services to include
arsenic and manganese water quality sampling of domestic and agricultural wells in the vicinity of the
RWRF along with sampling for nitrates,as required by the Board.In accordance with the compliance
schedule,the Groundwater Monitoring Well Network Evaluation and Well Installation Workplan and
Arsenic and Manganese Groundwater Compliance Assessment Workplan were submitted to the
Board on December 9, 2019.
As per Provision J of the WDR,the Report is also required to be submitted to the Board for approval
by June 7,2021.This Report shall be prepared in accordance with the approved Arsenic and
Manganese Groundwater Compliance Assessment Workplan.The Second Amendment will allow
the Consultant to immediately begin preparation of the Report and supporting investigations based
on the previously submitted workplans.Failure to submit the Report and to meet the deadlines
established by the Board will result in a non-compliance status of the RWRF.
Approval of the Second Amendment will extend the work completion date from December 10,2019
to October 29,2021,and increase the total value of the Agreement to $989,337.The City Attorney’s
Office has reviewed the Second Amendment and approved as to form.Upon approval by the City
Council, the Second Amendment will be executed by the Director of Public Utilities, or 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
agreement.
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File #:ID 20-00399 Agenda Date:4/9/2020 Agenda #:1-M
FISCAL IMPACT
There is no impact to the General Fund.This Project is located in Council District 3 and provides
Citywide benefits.Funding for the Second Amendment of the Agreement is included in the
Wastewater Management Division’s Operations and Maintenance budget within the Wastewater
Enterprise Fund 40501.The total contracted price for this Amendment is $690,050 of which
$193,977 has been appropriated in the Fiscal Year 2020 budget,and $496,073 is scheduled to be
appropriated in the Fiscal Year 2021 budget contingent upon adoption by the City Council.
Attachments:
Attachment 1 - Memorandum - Uniquely Qualified Consultant
Attachment 2 - Second Amendment to Agreement
Attachment 3 - Original Consultant Agreement and First Amendment to Agreement
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PHASE 2 ARSENIC AND MANGANESE COMPLIANCE ASSESSMENT SCOPE OF WORK DECEMBER ͮͯ, ͮͬͭ͵ FIGURE ͭ GROUNDWATER COMPLIANCE ASSESSMENT WORKFLOW DIAGRAM
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00435 Agenda Date:4/9/2020 Agenda #:1-N
REPORT TO THE CITY COUNCIL
April 9, 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:ROBERT A. DIAZ, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Approve the First Amendment to the Professional Consultant Services Agreement with Blair,Church
&Flynn Consulting Engineers,Inc.,to extend the work completion date from December 20,2019 to
November 1,2020,for the preparation of plans and specifications for construction of the Congo Alley
Water Main Replacement Project,for a previously approved contract amount of $35,800.(Council
District 3)
RECOMMENDATIONS
Staff recommends that City Council approve the First Amendment to Professional Consultant
Services Agreement (Agreement),to extend the duration of the Agreement from December 20,2019
to November 1,2020,for the preparation of plans and specifications for the construction of the
Congo Alley Water Main Replacement Project (Project),and authorize the Director of Public Utilities,
or designee, to sign the Amendment on behalf of the City of Fresno (City).
EXECUTIVE SUMMARY
On December 20,2018,the City entered into an Agreement with Consultant in the amount of
$35,800 for the preparation of plans and specifications for construction of the Project.Due to the
lengthy amount of time expended to secure a key pipeline easement,the Agreement needs to be
extended to retain the Consultant’s services through the completion of the project.This Amendment
will extend the Agreement completion date to November 1,2020.The current contract amount of
$35,800 will remain the same with this Amendment.
BACKGROUND
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The Department of Public Utilities,Water Division has identified approximately 500 linear feet of 12-
inch cast iron water main located in Congo Alley,between Fresno Street and Merced Street,as being
at high risk of continued failure.The existing main was installed in 1961 and is susceptible to leaks
requiring emergency repairs.This section of water main requires immediate replacement to prevent
further failures from occurring along this alignment.
Do to utility congestion in Congo alley,a portion of the project alignment runs through a parking lot,
which requires an easement.The City has secured the required easement from the County of
Fresno. The remainder of the project alignment is located in the public right-of-way.
Attorney’s Office has reviewed and approved as to form this Amendment to the Agreement.Upon
approval by the City Council,the Amendment 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 in Council District 3.The Project is
funded in the Water Division Enterprise account and no additional funding is required for this
amendment.
Attachments:
Attachment 1 - First Amendment to Agreement
Attachment 2 - Original Consultant Agreement
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'
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSUL TANT SERVICES
THIS AGREEMENT is made and entered into effective the :2.0� day of December,
2018, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter
referred to as "CITY"), and Blair, Church & Flynn Consulting Engineers Inc., a California
corporation (hereinafter referred to as "CONSUL TANT").
RECITALS
WHEREAS, CITY desires to obtain professional engineering services for the Congo
Alley Water Main Replacement Project, hereinafter referred to as the "Project;" and
WHEREAS, CONSULTANT is engaged in the business of furnishing services as a Civil
Engineer 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 (hereinafter referred to as "Director") or his/her 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. CONSUL TANT 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 December 20, 2019, subject to any
earlier termination in accordance with this Agreement. The services of CONSULT ANT 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 three hundred seventy-four (374)]
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 Twenty-Five
Thousand Eight Hundred Dollars ($25,800.00)], and a contingency amount not to exceed Ten
Thousand Dollars ($10,000.00)] for any additional work rendered pursuant to Subsection (c)
below and authorized in writing by the Director. Such fees include all expenses incurred by
CONSUL TANT in performance of such services.
(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of CITY business.
DPU-S 8.1/03-24-14
-1-
(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 representative for each party. CONSULTANT shall not be entitled to any additional
compensation if services are performed prior to a signed written amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of CITY to
CONSUL TANT upon the earlier of: (i) CONSULTANT'S filing for protection 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
CONSULT ANT; (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 properties and materials in the possession of CONSUL TANT that are owned by CITY.
Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. CONSUL TANT shall not be
paid for any work or services performed or costs incurred which reasonably could have been
avoided.
( c) In the event of termination due to failure of CONSUL TANT to satisfactorily
perform 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 event shall any payment by CITY pursuant to this Agreement constitute 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
respect to the breach.
(d) Upon any breach of this Agreement by CONSULTANT, 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
future performance, upon Director's request, in the event CONSUL TANT fails to comply with
any terms or conditions of this Agreement.
(f) CONSUL TANT shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of CONSUL TANT and without its fault
or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of
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common carriers. CONSULT ANT 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
CONSUL TANT 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, CONSUL TANT 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 CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT represents to CITY that CONSUL TANT 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 CONSUL TANT and any subcontractors to do and
perform such services in a skillful manner and CQNSULTANT 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
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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), 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 CONSUL TANT, 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, CONSUL TANT 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 his/her 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,
CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT 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 CONSUL TANT, 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 CONSUL TANT should subcontract all or any portion of the services to
be performed under this Agreement, CONSUL TANT shall require each subcontractor/sub
consultant to provide insurance protection, as an additional insured, to the CITY and each of its
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officers, officials, employees, agents and volunteers in accordance with the terms of this
section, except that any required certificates and applicable endorsements shall be on file with
CONSUL TANT and CITY prior to the commencement of any services by the subcontractor.
CONSUL TANT 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 10 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
CONSUL TANT 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,
CONSUL TANT shall provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, CONSUL TANT 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, CONSUL TANT 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) CONSUL TANT 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 CONSUL TANT, 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.
CONSUL TANT 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.
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(f) If CONSUL TANT should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, CONSULTANT shall include the
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 his/her 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 CONSUL TANT should subcontract all or any portion of the
services to be performed under this Agreement, CONSUL TANT 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, CONSUL TANT 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
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perform the services called for by this Agreement (or that no license is required) before
beginning work.
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, CONSUL TANT
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. CONSUL TANT 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.
CONSUL TANT 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 CONSUL TANT 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.
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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 method by which CONSUL TANT shall perform its work and functions. However,
CITY shall retain the right to administer this Agreement so as to verify that CONSULT ANT is
performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
CONSUL TANT and CITY. CONSUL TANT shall have no authority to bind CITY absent CITY'S
express written consent. Except to the extent otherwise provided in this Agreement,
CONSUL TANT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, CONSUL TANT and
its officers, agents and employees shall have absolutely no right to employment rights and
benefits available to CITY employees. CONSUL TANT 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, CONSUL TANT 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, CONSUL TANT 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.
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16. Assignment.
(a) This Agreement is personal to CONSUL TANT 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 his/her designee. Any attempted assignment by
CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by
the City Manager or his/her 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
CONSUL TANT directly to CONSUL TANT.
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 regu lations promulgated by federal, state,
regional, or local administrative and regulatory 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. Severability. 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 parties 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 ambig uous in any way, such ambig uity 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.
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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 Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the interest of any third
parties.
28. Extent of Ag reement. Each party acknowledges that they have read and fu lly
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be modified only by written instrument duly authorized and executed by both
CITY and CONSULTANT.
I II
II I
II I
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:?1.1.L � Michael C rt)ajai,
Director
Department of Public Utilities
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By: \dffi ct_).co Y'(h� Deputy h/1 vr-vO Mr,r t-y\J., 1
12,,/ iof /3 No signature of City Attorney req uired.
Standard Document #DPU-S 8.1 has been
used without modification, as certified by
the u n d ers ig;n���:=:-
By :�� Robert A. Diaz
Supervising Engineering Tech nician
Department of Public Utilities
Addresses:
CITY:
City of Fresno
Attention: Robert A. Diaz,
Supervising Engineering Technician
2101 G Street, Building A
Fresno, CA 93706
Phone: (559) 621-1619
FAX : (559) 498-4126
Attachments:
1.
2.
Exhibit A -Scope of Services
Exhibit B -Insurance Requirements
Blair, Church & Flynn consulting Engineers,
Inc.,
a California c�J.oration
By:�
Name: t;\(ZL-�ENDW
Title : 1/llE"'" fte
•
Title: _G_F_o _____ _
(if corporation or LLC, CFO,
Treasurer, Secretary or Assistant
Secretary)
CONSULTANT:
Blair, Church & Flynn Consulting Engineers,
Inc.
Attention: Karl Kienow, PE,
Principal
451 Clovis Avenue, Suite 200
Clovis, CA 93612
Phone: (559) 326-1400
FAX: (559) 326-1500
3. Exhibit C -Conflict of Interest Disclosure Form
DPU-S 8.1/03-24-14
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Exh ibit A
SCOPE OF SERVICES
Cons ultant Service Agreement between City of Fres no ("City ")
and Blair, Church & Flynn Consulti ng Engi neers, Inc. ("Consultant")
Congo Alley Water Main Replacement
PROJECT TITLE
Project Understa nding and Backg ro und
CITY plans to construct approxi mately 500 feet of replacement water distribution mains in
Congo Alley betwe en Merced Street and Fresno Street. The water main construction wi ll occur
in existing City streets. The existing water main was installed is a cast iron water main installed
in 1961 . New water and fire services will be constructed from the new mains to the adjacent
structures. Once all services are tra nsferred to the new water mains, the existing water mains
will be abandoned . If no corridor exists for the proposed main, a te mporary above grade bypass
water main will be instal led to provide te mporary water and fire service to existing customers
and the new water main wi ll be insta lled in the alignment of the existi ng water main, after the
existing water main is removed .
This Scope of Services provides for the preparation of plans, specificati ons and estimates,
performing necessary project topog raphic surveys, and the provision of support services during
related bidding and construction phases. The City of Fresno will perform all related
environ menta l studies and prepare necessary Cal ifornia Environ mental Quality Act (CEQA)
documentation.
Approach to the Work
CONSUL TANT shall accomplish project design through the Schematic Des ign and Construction
Document phases customarily employed for City of Fresno projects.
Schematic Desig n Phase
The Schematic Desig n phase shall include an alignment study to develop and eva luate pipeline
alignment alternatives, and to form ulate reco mmendations for preferred pipeline align ment
alternatives, for the streets in wh ich new water mains wi ll be constructed. Field and office
investigations of existing utilities, supplemented by subsurface detection using Ground
Penetrating Rad ar (GPR) eq uipment, shall be done to determine the locati ons of existing and
abandoned utility facilities. Record drawing information for street, water, san itary sewe r, storm
drain, and irrigation pipeline fa cilities shall be gathered and analyzed. Master plan documents
shall also be stud ied , and appropriate agencies shall be contacted, to determ ine if other plan ned
facilities are expe cted to be constructed in the project streets in the future. Right-of-way and
pro perty records shall be studied to determ ine the limits of street rig hts-of-wa y and easements,
and the locations of adjacent property boundaries. The results of topog raphic surveys shall be
incorporated into the project information data base.
Survey results, record drawing informati on, util ity investigation fi ndings, rig ht-of-way and
pro perty reco rd s, and information related to other planned facilities, shall be used to develop
base mapping that will ultimately form the basis for the preparation of plan and profile drawings.
The base mapping shall also serve as the fo undation for the alignment study for the proposed
DPU-S 8.1/03-24-14
Page 1 of 4
water mains, to determine preferred locations for the mains in the project streets. In general,
proposed water mains shall be positioned in the project streets in the standard locations
prescribed by Standard Drawings. However, deviations from standard locations may be
necessary to avoid conflicts with other existing and planned facilities, and to ensure compliance
with California Department of Public Health (CDPH) separation requirements. Alignment study
findings and recommendations shall be presented to CITY as part of the Schematic Design
Phase.
The Sch ematic Design Submittal will include plan and profile drawings at a completion level of
approximately 30%, with an itemized estimate of construction quantities and costs.
CONSULT ANT shall submit eight copies of the Schematic Design Plans to CITY for review.
Construction Document Phase
Bidding Phase and Construction Phase support services shall be provided as shown in the task
outline below. Bidding Phase and Construction Phase support services shall include support for
CITY's Purchasing Department during bidding, including addenda preparation as required, and
support for CITY's Construction Management Division during construction.
Tasks to be Performed by CONSUL TANT
CONSUL TANT shall perform the engineering services itemized in the following Engineering
Services Task Outline.
ENGINEERING SERVICES TASK OUTLINE
PART 1 SCHEMATIC DESIGN PHASE
A. PROJECT MANAGEMENT AND ADMINISTRATION
1. Prepare and Maintain Design and Construction Schedule
2. Prepare Project Management Plan
3. Schedule and Conduct Project Kick-off Meeting
4. Coordinate with Affected Agencies, Districts and Stake holders
a. Fresno Metropolitan Flood Control District
b. Fresno Irrigation District
c. California Department of Public Health
d. County of Fresno
B. UTILITY COORDINATION
1. Conduct Office and Field Investigations
2. Submit Schematic Design Plans to Affected Companies and Agencies
3. Locate Critical Utility Facilities Using Ground Penetrating Radar, Where Necessary
4. Submit Preliminary Plans to Affected Companies, Agencies & Districts
5. Submit Draft Final Plans to Affected Companies, Agencies & Districts as Necessary
C. TOPOGRAPHIC SURVEYS
1. Survey Existing Property Lines and Easements
2. Survey Existing Utility Features Accessible from Ground Surface (Water, Sewer, Storm
Drain, Telephone, Fiber, Gas, Irrigation, etc.)
3. Survey Existing Utility Features Exposed by Pothole Excavation Methods, Where
Necessary
4. Survey Existing Man-Made Features (Curbs, Gutters, Edge Of Pavement, Street
DPU-S 8.1/03-24-14
Page 2 of 4
Centerlines, Fences, Structures, Landscaping, etc.)
5. Survey Existing Topographic Features (Berms, Swales, Drainage Ditches, Grade
Breaks, etc.)
D. ALIGNMENT ANALYSIS
1. Conduct Site Investigations
2. Obtain and Incorporate Record Information
3. Incorporate Survey Data
4. Conduct Right-of-Way & Property Line Research
5. Prepare Base Mapping
6. Develop Water Main Alignment Alternatives
E. SCHEMATIC DESIGN PHASE
1. Incorporate Alignment Study
2. Verify and Incorporate Applicable Regulatory Agency Requirements
3. Prepare Schematic (30%) Plans
4. Prepare Outline Specifications
5. Prepare Itemized Estimates of Quantities and Cost
6. Prepare Schematic Design Report
7. Submit Schematic Design Report
a. Submit Eight Copies Within 28 Calendar Days of Notice to Proceed
b. Schedule and Conduct Workshop Review Meeting
c. Re-Submit as Necessary to Obtain CITY Acceptance Within 7 Calendar Days of
Receipt of CITY's Comments
PART 2 CONSTRUCTION DOCUMENT PHASE
A. FINAL PLANS, SPECIFICATIONS AND ESTIMATE
1. Prepare Draft Final Cover and Index Sheets
2. Prepare Draft Final Plan and Profile Drawings
3. Prepare Draft Final Construction Detail Drawings
4. Prepare Draft Final Technical Specifications
5. Coordinate with CITY for Incorporation of "Boilerplate" Documents by CITY
6. Address PS&E Review Comments
7. Prepare Itemized Estimate of Quantities and Cost
8. Submit Draft Final Plans, Specifications and Estimate
a. Submit Ten Sets Within 14 Calendar Days of Notice to Proceed
b. Schedule and Conduct Final Design Review Meeting
9. Revise and Re-Submit as Necessary to Obtain CITY Acceptance
a. Within 7 Calendar Days of Receipt of CITY's Comments
10. Submit One Original Set of Final Plans, Specifications and Estimate for Approval
Signatures
PART 3 BIDDING PHASE
A. BID SERVICES
1. Attend Pre-Bid Conference
2. Prepare Addenda and Clarifications
3. Evaluate Bid Proposals
PART 4 CONSTRUCTION PHASE AND GENERAL CONSTRUCTION
DPU-S 8.1/03-24-14
Page 3 of 4
CONTRACT ADMINISTRATION
A. CONSTRUCTION SERVICES
1. Attend Pre-Construction Conference
2. Review Shop Drawings and other Contractor Submittals
3. Provide General Consultation and Advice
a. Respond to Requests for Information (RFls)
4. Provide Periodic Worksite Observation
5. Review Progress Payments as Requested
6. Prepare and Submit Record Drawings
SPECIFIC EXCLUSIONS
A. Those items listed under CITY's Responsibilities in agreement
B. All environmental studies and documentation
C. Determination of underground utility locations by "pothole" excavation methods
D. Geotechnical investigations
E. R-value testing of soils for pavement replacement design
F. Construction inspection or testing services
G. Preparation of traffic control plans
H. Preparation of a Stormwater Pollution Prevention Plan (SWPPP)
DPU-S 8.1/03-24-14
Page 4 of 4
Ex hibit B
INSURANCE REQUIREMENTS
Consultant Service Ag reement between City of Fresno ("CITY")
and Blair, Church & Flynn Consulting Engineers, Inc. ("CONSULTANT")
Congo Alley Water Main Replacement
PROJECT TITLE
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," "pro perty
damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non-owned eq uipment), products and
co mpleted operations, and contractual liability (includ ing, without limitati on,
indem nity obligations under the Agreement) with limits of liabi lity not less than
those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commerci al Auto Coverage Form CA 00 01 ,
prov iding liability coverage arising out of the ownership, maintenance or use of
automobi les in the co urse 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, offi cials,
employees, agents and volu nteers are to be listed as additional insureds.
3. Workers' Compensati on insurance as req uired by the State of Californ ia and
Em ployer's Liability Insurance.
4. Profes sional Liability (E rrors and Omissions) insurance appro priate to
CONSU LTANT'S profe ssion. Architect's and engineer's coverage is to be
endorsed to include contractu al liabi lity.
MINIMUM LI MITS OF INSURANCE
CO NSULTANT, or any pa rty the CONSULTANT subco ntracts with , shall mainta in limits of
liability of not less than those set forth below. However, insurance limits available to CITY, its
officers, offici als, employees, agents and volunteers as addit ional insureds, shall be the greater
of the minimum limits specified herein or the fu ll limit of any insurance proceeds ava ilable to the
named insured :
1. COMMERCIAL GENERAL LIABILITY:
DPU-S 8.1/03-24-14
(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 agg regate for products and completed operations; and,
Page 1 of 4
(iv) $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
OR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not less
than:
(i) $100,000 per person;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
5.
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and
(iii) $1,000,000 disease policy limit.
PROFESSIONAL LIABI LITY (Errors and Omissions):
(i) $1 ,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSUL TANT 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.
DEDUCTI BLES AND SELF-INSURED RETENTIONS
CONSUL TANT 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 on the
Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the
option of the CITY 'S Risk Manager or his/her designee, either:
DPU-S 8.1/03-24-14
(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) CONSUL TANT shall provide a financial guarantee, satisfactory to CITY'S
Risk Manager or his/her designee, guaranteeing payment of losses and
Page 2 of 4
related investigations, claim administration and defense expenses. At no
time shall CITY be responsible for the payment of any deductibles or self
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability in surance policie s 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. CONSUL TANT 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.
CONSUL TANT 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 in surance policy is to contain, or be endorsed to contain, the
following provision: CONSUL TANT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
If the Pro fessional Liability (Errors and Omissions) in surance 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 CONSUL TANT.
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, CONSUL TANT
must purchase "extended reporting" coverage for a minimum of five (5) years
DPU-S 8.1/03-24-14
Page 3 of 4
·.
after complet ion of the Agreement work or termination of the Agreement,
whichever occurs first.
4. A copy of the claims report ing 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 cond itions. 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 pol icy is due to
expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate,
and appli cable endorsements, evidencing renewal of such policy not less than fifteen ( 15)
calendar days prior to the expiration date of the expiring policy.
VERI FICATI ON OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received
and approved by the CITY'S Risk Manager or his/her 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 author ized agent or broker. Upon request of CITY,
CONSUL TANT shall immediately furn ish City with a complete copy of any insurance policy
required under this Agreement, including all endorsements, with said copy cert ified 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-S 8.1/03-24-14
Page 4 of 4
1
2
3
4
5
6
Exhibit C
DISCLOSUR E OF CONFLICT OF INTER EST
Congo Alley Water Main Replacement
PROJECT TITLE
Are you currently in litigation with the City of Fresno or any of its
agents?
Do yo u represent any firm , organ ization or person who is in
litigation with the City of Fresno?
Do you currently represent or perform work for any clients who do
business with the City of Fresno?
Are yo u or any of your pri ncipals, managers or professionals,
owners or investors in a business which does business with the
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 profe ssionals,
related by blood or marri age to any City of Fresno employee who
has any significa nt' role in the subject matter of this service?
Do you or any of your subco ntractors have , or expect to have, any
interest, direct or indirect, in any other contract in con nection with
this Project?
* If the answer to any question is yes , please explain in fu ll below.
Explanation:
Item 3: Blair, Church & Flynn Consulting Engineers has
a number of clients that could potentially do business
with the City of Fresno including: the City of Clovis, the
County of Fresno, Fresno Irrigation District, Fresno
Metropolitan Flood Control District, Clovis USO, Fresno
USO and Central USO.
�--Signature
Dec 19, 20 18
Date
Karl E. Kienow
(name)
YES* NO
D
D
� 0
D 00
0 Ii]
0 !Kl
Blair, Church & Flynn Consulting Engineers
(company)
451 Clovis Ave, Suite 200
(address)
Clovis , CA 93612
( city state zip)
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00442 Agenda Date:4/9/2020 Agenda #:1-O
REPORT TO THE CITY COUNCIL
April 09, 2020
FROM:MICHAEL CARBAJAL, Director
Department of Public Utilities
THROUGH:BRIAN S. SPINDOR, P.E.(WA) Assistant Director
Department of Public Utilities, Wastewater Management Division
BY:JOHN TURNIPSEED, Project Manager
Department of Public Utilities - Wastewater Management Division
SUBJECT
Approve the First Amendment to the Consultant Services Agreement with Infor,Inc.,in the amount of
and not to exceed $236,440 for additional Infor Enterprise Asset Management Software
Implementation Services within the Wastewater Management Division;increasing the total contract
amount to $1,719,734 (Citywide)
RECOMMENDATION
Staff recommends that the City Council approve a First Amendment to the Consultant Services
Agreement with Infor,Inc.,in the amount of and not to exceed $236,440 for additional Infor
Enterprise Asset Management (EAM)Software Implementation Services within the Wastewater
Management Division (WMD).
EXECUTIVE SUMMARY
On October 25,2018,the City entered into a Consultant Services Agreement with Infor in the amount
of $1,483,294 for EAM Software Implementation Services within the Department of Public Utilities
(DPU)and Department of Public Works (DPW).The scope of work included installation and
configuration of EAM within DPU and DPW;the integration of EAM to other City software
applications;migration of static data from legacy systems into EAM;Train-the-Trainer Training;and
technical support.
The First Amendment to the Agreement requires Infor to migrate EAM,version 11.3,historical data
into the current EAM application,version 11.5;develop grids to hold historical WMD Sewer
Collections transactional work order and service request data from Infor Hansen (Hansen);build an
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File #:ID 20-00442 Agenda Date:4/9/2020 Agenda #:1-O
Collections transactional work order and service request data from Infor Hansen (Hansen);build an
interface with Info Asset Planner and EAM;provide additional web services integration;and provide
up to 80 hours of optional end user training within the WMD.
BACKGROUND
On October 25,2018,the City Council awarded a Consulting Services Agreement to Infor to
implement EAM within DPU and DPW.Implementation included migrating static data from Hansen
into EAM;integrating EAM with other City of Fresno software platforms such as FresGo,Geographic
Information System (GIS),PeopleSoft,and DPU’s Supervisory Control and Data Acquisition
(SCADA) system; training and knowledge transfer; and technical support.
This project is approximately 80%complete and is currently on budget and on schedule.Through
the course of this project,it has been determined that additional work is needed within WMD that was
not included in the original scope of work.
This First Amendment to the existing Agreement requires Infor to migrate the WMD EAM,version
11.3,historical work order data into the 11.5 version currently hosted on the cloud.This effort will
provide end users the ability to view ten years of asset work order history in the current EAM
Production environment.
Infor will provide the City of Fresno the configuration of the EAM application in order to migrate the
Sewer Collections historical work order transactional data from Hansen.Transactional data differs
from static data in that transactional data can be updated over time,whereas once static data is
created,it does not change.This transactional data will be migrated and configured into grids
consisting of the asset history,comments,vehicle numbers,and employees.It will also include
various transactional costs associated with the work order such as labor,materials,and vehicles.
This functionality will provide staff the ability to see all work order history,including both static and
transactional data, in the current EAM Production environment hosted in the cloud.
Infor will provide the City of Fresno the configuration of the EAM application in order to migrate the
Sewer Collections historical service request transactional data from Hansen into the current version
of the cloud-based application.This historical service request transactional data will also be migrated
into configured grids.The customer call reporting information includes the date,time,location,
service request number,and problem being reporting at the service location.This effort will provide
the Sewer Collections staff with the ability to advise the customer of the work that has been
previously performed when an asset is reported as having a problem.
Infor will provide the City of Fresno a one-time data load of the Sewer Collections historical data from
the Hansen application into the City’s Info Asset Planner application.Infor will also develop an
interface with the Info Asset Planner application,which will capture all new work order history
captured from the Sewer Collections data.This additional integration will provide the City the ability to
plan capital projects by capturing data about pipes and other assets in the Sewer Collections system,
assess risks, and create prioritized, costed projects.
Infor has provided additional effort developing the cloud-based web service integrations for the City.
This effort allows all integration-based information to flow between the City’s financial,customer
service, and other third party applications currently leveraging the web services process within EAM.
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File #:ID 20-00442 Agenda Date:4/9/2020 Agenda #:1-O
Infor will provide up to two end user training sessions specific to the work teams the City identifies.
Each session will contain approximately 15 attendees and the City will provide the required space,
equipment,and resources.The training milestone includes travel expenses,and 80 hours of
classroom training.The agenda will be a joint effort and approved before travel occurs.This effort will
result in higher use of the functionality of the application and the opportunity to engage other modules
within the application.
The services required by this amendment will be completed in approximately 90 consecutive
calendar days from the authorization to proceed. The First Amendment to Agreement is in the
amount of and not to exceed $236,400.
The First Amendment to Agreement has been reviewed and approved by the City Attorney’s Office.
Upon approval by the City Council, the First Amendment will be executed by the Director of Public
Utilities, or designee.
ENVIRONMENTAL FINDINGS
This item does not qualify as a “project” as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference does not apply to this action as this is an amendment to an existing contract.
FISCAL IMPACT
This project will have no impact to the General Fund.Funding has been appropriated in the
Wastewater Enterprise Fund.
Attachments:
Attachment 1 - First Amendment to Agreement
Attachment 2 - Original Consultant Agreement
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Attachment A
Revised Scope of Work
Infor will provide the following services:
• Migrate Wastewater Management Division (WMD) EAM, version 11.3, historical
data in the current EAM application, version 11.5.
• Develop grids to hold historical WMD Sewer Collections transactional work order
data from Infor Hansen.
• Develop grids to hold historical WMD Sewer Collections transactional service
request data from Infor Hansen.
• Build an interface with Info Asset Planner software and EAM.
• Provide additional web services integration
• Provide up to 80 hours of end user training (optional).
Combined Change Request Costs
Change Request Description Total
Hours
Cost
Migrate WMD EAM historical version 11.3 data into version
11.5
142 $31,500
Develop grids to hold historical WMD Sewer Collections
transactional work order data from Infor Hansen
324 $61,620
Develop grids to hold historical WMD Sewer Collections
transactional service request data from Infor Hansen
280 $45,000
Build an interface with Info Asset Planner software and EAM 244 $41,820
Provide additional web services integration 300 $31,500
Provide up to 80 hours of end user training (optional) 80 $25,000
Total hours and milestone cost 1370 $236,44
0
SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT is made and entered into effective the 2 5fl, day of October 2018
("Effective Date"), by and between the CITY OF FRESNO, a California municipal corporation
("City" or "Licensee"), and INFOR (US), INC. a Delaware corporation ("Infer").
RECITALS
WHEREAS, City desires to obtain Infer Enterprise Asset Management (EAM)
Implementation services for the Department of Public Utilities and Department of Public Works
(Project); and
WHEREAS, Infer is engaged in the business of furnishing such services as a provider
and implementer of EAM enterprise software and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, Infer acknowledges that this Agreement is subject to the requirements of
Fresno Municipal Code Section 4-107; and
WHEREAS, this Agreement will be administered for City by its Public Utilities Director
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties, it is
mutually agreed as follows:
1. Scope of Services. Infer shall perform the Services described in Exhibit A-1,
including all work incidental to, or necessary to perform, such Services even though not
specifically described in Exhibit A-1, together with the Infer Software Services Agreement ("Infer
SSA") as amended and mutually agreed to by the parties herein, Exhibit A-2, provided that any
conflict between the body of this Agreement and any Exhibit shall be resolved such that terms set
forth in the body of this Agreement controls.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above, the Effective Date and shall continue in full force and effect
through 36 (thirty-six) months from the Effective Date [End Date] subject to any earlier termination
in accordance with this Agreement. The services of Infer as described in Exhibit A-1 are to
commence upon the Effective Date and shall be completed in a sequence assuring expeditious
completion, but in any event, all such services shall be completed prior to expiration of this
Agreement and in accordance with any performance schedule set forth in Exhibit A-1.
3. Compensation.
(a) lnfor's sole compensation for all Services required or rendered pursuant
to this Agreement shall be a total fee not to exceed $1,483,294.00, paid on the basis of the rates
set forth in the schedule of fees and expenses contained in Exhibit A-1. Such fee includes all
expenses incurred by Infer in performance of the Services.
(b) 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 lnfor's compensation. Any change in the scope of
Services must be made by written amendment to the Agreement signed by an authorized
Generic Service Provider Total Fee (01-11-16) CAO
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representative for each party. Infer shall not be entitled to any additional compensation if services
are performed prior to a signed written amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of City to Infer upon
the earlier of: (i) lnfor's filing for protection under the federal bankruptcy laws, or any bankruptcy
petition or petition for receiver commenced by a third party against Infer; or (ii) 7 calendar days
prior written notice with or without cause by City to Infer; or (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 Proj ect; or (iv) expiration of this Agreement.
(b) Promptly upon any termination or expiration of this Agreement, Infer 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 properties and materials
in the possession of Infer that are owned by City. Subject to the terms of this Agreement, lnfor
shall be paid compensation for Services performed prior to the effective date of termination. Infer
shall not be paid for any work or Services performed or costs incurred which reasonably could
have been avoided.
(c) In no event shall any payment by City pursuant to this Agreement
constitute a waiver by City of any breach o f this Agreement which may then exist on the part of
Infer, nor shall such payment impair or pre judice any remedy available to City with respect to the
breach.
(d) Upon any breach of this Agreement by Infer, 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. If it is determined that City improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) Infer shall provide City with adequate written assurances of future
performance, upon Administrator's requ est, in the event Infer fails to comply with any terms or
conditions of this Agreement.
(f) Infer shall be liable for default unless nonperf ormance is caused by an
occurrence beyond the reasonable control of Infer and without its fault or negligence such as,
acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Infer
shall notify Administrator 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
Administrator of the cessation of such occurrence.
Generic Service Provider Total Fee (01-11-16) CAO
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5. Confidential Information and Ownership of Documents.
(a) During the term of this Agreement, and thereafter, lnfor shall not, without
the prior written consent of City, disclose to anyone any City 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, 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 to City.
(b) If lnfor should subcontract all or any portion of the services to be performed
under this Agreement, lnfor shall cause each subcontractor to also comply with the requirements
of this Section 5.
(c) This Section 5 shall survive expiration or termination of this Agreement.
6. Level of Skill. It is further mutually understood and agreed by and between the
parties hereto that inasmuch as lnfor represents to City that lnfor and its subcontractors, if any,
are skilled in the profession and shall perform in accordance with the standards of said industry
necessary to perform the Services agreed to be done by it under this Agreement, City relies upon
the skill of lnfor and its subcontractors, if any, to do and perform such Services in a skillful manner
and lnfor 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 lnfor or any
subcontractors from said industry and professional standards.
7. Indemnification. To the furthest extent allowed by law, lnfor 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), 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
gross negligence, recklessness or willful misconduct of lnfor, its principals, officers, employees,
agents, or volunteers in the performance of this Agreement.
If lnfor should subcontract all or any portion of the Services to be performed under this
Agreement, lnfor 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, lnfor 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 its 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, lnfor or
any of its subcontractors 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 lnfor shall be withheld until notice is received by City that the required insurance
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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 lnfor of its responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include 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 lnfor shall not be deemed to release
or diminish the liability of lnfor, including 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 lnfor. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of lnfor, its principals, officers,
agents, employees, or persons under the supervision of lnfor, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
(d) Upon request of City, lnfor shall immediately furnish City with a copy of the
Certificate of Insurance and any applicable endorsements required under this Agreement. This
requirement shall survive expiration or termination of this Agreement.
( e) If lnfor should subcontract all or any portion of the Services to be performed
under this Agreement, lnfor 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 that any required
certificates and applicable endorsements shall be on file with lnfor and City prior to the
commencement of any services by the subcontractor. lnfor and any subcontractor/sub
consultant shall establish additional insured status for City, its officers, officials, employees,
agents, and volunteers.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to City's execution of this Agreement, lnfor 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, lnfor shall have the obligation and duty to immediately notify City in writing
of any change to the information provided by lnfor in such statement.
(b) lnfor 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 87 100 et. seq.) and the regulations of the Fair Political
Practices Commission concerning disclosure and disqualification (2 California Code of
Regulations Section 18700 et. seq.). At any time, upon written request of City, lnfor shall provide
a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry,
lnfor and the respective subcontractor(s) are in full compliance with all laws and regulations. lnfor
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, lnfor shall immediately notify City of these facts in writing.
(c) In performing the work or Services to be provided hereunder, lnfor 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.
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(d) lnfor 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) lnfor 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. Notwithstanding any approval given by the City Manager under this
provision, lnfor shall remain responsible for complying with Section 9(a), above.
(f) If lnfor should subcontract all or any portion of the work to be performed or
Services to be provided under this Agreement, lnfor shall include the 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. 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 Administrator or designee.
(b) In addition, all books, documents, papers, and records of lnfor 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 lnfor should subcontract all or any portion of the services to be performed
under this Agreement, lnfor shall cause each subcontractor to also comply with the requirements
of this paragraph. This Section 1 O(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by City, lnfor shall have provided
evidence to City that lnfor is licensed to perform the Services called for by this Agreement (or that
no license is required). If lnfor should subcontract all or any portion of the work or services to be
performed under this Agreement, lnfor 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.
11. Nondiscrimination. To the extent required by controlling federal, state and local
law, lnfor 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, lnfor agrees as follows:
(a) lnfor 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) lnfor 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. lnfor shall ensure that applicants are
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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 lnfor'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. lnfor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provision of this nondiscrimination clause.
(c) lnfor will, in all solicitations or advertisements for employees placed by or
on behalf of lnfor 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) lnfor 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 lnfor's commitment under this section and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
(e) If lnfor should subcontract all or any portion of the Services to be performed
under this Agreement, lnfor shall cause each subcontractor to also comply with the requirements
of this Section 11.
12. Independent Contractor.
(a) In the furnishing of the Services provided for herein, lnfor is acting solely
as an independent contractor. Neither lnfor, 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 method by which lnfor shall
perform its work and functions. However, City shall retain the right to administer this Agreement
so as to verify that lnfor is performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture between
lnfor and City. lnfor shall have no authority to bind City absent City's express written consent.
Except to the extent otherwise provided in this Agreement, lnfor shall bear its own costs and
expenses in pursuit thereof.
(c) Because of its status as an independent contractor, lnfor and its officers,
agents, and employees shall have absolutely no right to employment rights and benefits available
to City employees. lnfor 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, lnfor shall be solely responsible, indemnify, defend and save City harmless
from all matters relating to employment and tax withholding for and payment of lnfor'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, lnfor may be providing
services to others unrelated to City or to this Agreement.
13. 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,
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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.
14. Binding. Subject to Section 15, 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.
15. Compliance With Law. In providing the Services required under this Agreement,
lnfor 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
administrative and regulatory agencies, now in force and as they may be enacted, issued, or
amended during the term of this Agreement.
16. 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.
17. 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.
18. 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.
19. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
20. Interpretation. The parties 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 ambiguous 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.
21. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
22. 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.
23. 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.
24. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the interest of any third
parties.
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25. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized·and executed by both City and Infer.
[Signatures follow on the next page.]
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IN WITNESS WH EREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.
CITY OF FRESNO, a California mun icipal corporation
By:�.�f.i t Micae1 Carbajal,trecor Department of Public Utilities
APPROVED AS TO FORM: DOUGLAS T. SLOAN
Clc:Jy �
B Y,· 4� � �da Freema� Senior Deputy City Attorney
ATTEST: YVONNE SPENCE City Clerk, CRM MMC
By:--=�"'---· �.._�'-----��/0./2.1,j J� tbr,
Deputy
Addresses:
CITY: City of Fresno Atte ntion: John Turnipseed, Proj ect Manager Wastewater Management Division 5607 W. Jensen Ave Fresno, CA 93706 Phone: (559) 621 -5295 FAX: (559) 457-1595
Attachments:
M . Gia n giord ano.)
--+-�--1--F-.....--..----..+-J.-n u nsel .1!
. ... \.,
Title: ------4--1------
(lf corporation C, Board
Chair, Pres. or Vice Pres.)
By:
Name: -Sv"Od bkf.iA� ,
Title: �--\:::o...ry
(If corporation or LLC , CFO , Treasurer,
Secretary or Assistant Secretary)
INFOR: lnfor (US), Inc. Atte ntion: Lindsay Pritchard, Associate General Counsel 380 St. Peter Street St. Paul, MN 55 102 Phone: (651 ) 767-7000 FAX: (651 ) 767-4927
1. Exhibit A-1-Scope of Services and Exhibit A-2 lnfor Software Services Agreement 2. Exhibit B -Insurance Requirements 3. Exhibit C -Conflict of Interest Disclosure Form
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EXH IBIT A-1
SCOPE OF SERVICES
Service Agreement between City of Fresno
and lnfor (US), Inc.
lnfor Enterprise Asset Manage ment (EA M) Implementation Services Only
PROJECT TITLE
5.0. Project Initiation -Assessment of Current City Processes
Kickoff meeting with City Leadership and Project Teams to conduct preliminary high level
interviews to formalize project team structure, project team roles, and work structure breakdown.
5.1. lnfor EAM , Vers ion 11.3(or higher) Software System
lnfor EAM is to be installed and operated under the following conditions:
• Licensee will operate lnfor EAM with in its in-house data center
• Licensee will own the software and hardware licenses
• Licensee will work with lnfor to implement the steps necessary to move onto the new lnfor
EAM system
• Product configuration rather than product modification will take precedence
• Licensee will consider altering its business processes to fit the new workflows instead of
implementing custom software
License Software Scope Ass umptions and Licensee Obligations
Any software licenses required for this project will need to be purchased separately by the Licensee
and are covered by a separate Software License Agreement. All Licensed Software is subject to
the terms of the License Agreement and nothing herein shall serve to modify such terms or
expand the scope of the license granted thereunder.
Unless otherwise agreed to herein, lnfor will install the production release version of the Licensed
Software. This Exhibit does not include performing any upgrades to the installed Licensed
Software.
Logging incidents with lnfor Support, as well as the application of fixes or patches that are made
available by lnfor Support, are the responsibility of the Licensee, and therefore the effort
associated with these activities has not been included in lnfor's estimates and scope of work.
The installation of Licensed Software will be done during regular Licensee business hours.
For the applications installed on Licensee hardware, lnfor will install the Licensed Software in three
(3) environments; DEV, QA and PROD. lnfor assumes that Licensee will provide resources for
knowledge transfer who, in turn, could support incremental future installations, where applicable.
lnfor will be granted VPN access to perform technical tasks remotely.
5.2. Inventory Management System
lnfor EAM will be used for Materials and Procurement Management within the Water Division's
warehouse and Tool Repair Shop.
Sewer Collections will be utilizing the WMD warehouse for inventory which is currently using EAM
and will not require integration.
• Licensee will use the inventory management system for the following:
lnfor Software Services Agreement (US Dec 2013) Page 10
o Materials Management -Determine correct stocking levels to provide an acceptable service
level of parts and supplies to meet antic ipated demand from maintenance. Minimize the
working capital invested in stocked parts and supplies, and automate storage room
management, purchase requisitioning, goods receipts and returns, parts repair, and record
keeping.
o Pro curement Management -Manage every aspect of the purchasing cycle from requisition
creation, approvals, supplier selection, purchase order placement, and goods receipt
through invoice matching. Ensure the selection of qualified suppliers and obtain the best
price and deli very terms.
lnfor will provide guidance and recommen dations for the barcode scanners and barcode printers to be
used by Licensee. Barcode scanners and printers must be procured by Licensee and such
procurement is outside the scope of these services. The implementation approach will address the fact
that barcode scanners can be used for Inventory Management, Asset Tracking, Inventory Counts, Price
and Quantity veri fication and Picking and Receiving of Parts and materials.
5.3. Migrate and Configure Sewer Operations
lnfor will provide Services for the migration of static data
• Convert existing asset information, including asset history from Hansen, version 7 to EAM
• Integrate EAM GIS module for work order creation and asset informat ion and history
• Integrate to FresGo mobile application
• Set up EAM mobile application
5.4. Migrate and Configure Environmental Servi ces Operations at the WM D
lnfor will provide Services for the migration of static data
• Convert existing Monitor ing Sampling Data, permit information, lab results.
• Create chain of custody documents, Environmental Control Reports, and Purge Data Sheets
• Much of this information is or can be converted into Excel.
5.5. Implement New Water Division Distri bution Operations
• The Water Division does not currently have a mature maintenance management system in
place.
• No data migration will be needed.
• Set up EAM mobile application
5.6. Migrate and Configure Streets and Landscape Maintenance
lnfor will provide Services for the migration of static data
• Convert existing asset information, including asset history from Hansen, version 7 to EAM
• Integrate to GIS module within EAM for work order creation and asset information
• Integrate to FresGo mobile application
• Set up EAM mobile application
5. 7. System Implementation Plan
lnfor shall prepare a System Implementation Plan that includes a detailed description of the
following:
11
5.7.1 Project Management Plan - lnfor will submit a detailed plan showing how the project will
be managed including key project team members in addition to the Project Manager. This plan will
include any requirements that lnfor has for Licensee or any expectations of Licensee Staff that is
necessary to complete the system implementation.
5.7.2 System Implementation Sched ule -lnfor will submit a detailed System Implementation
Schedule. lnfor shall provide a short narrative of each task as it relates to the proj ect, including
tasks that lnfor expects Licensee to perform. A final System Implementation Plan will be mutually
agreed between lnfor and Licensee.
5.7.3 Data Secu rity Plan -lnfor will submit a data security plan to ensure that Licensee's data
or software systems will not be compromised during the implementation of this project.
5.7.4 Master Test Plan -lnfor will certify, in writing, to Licensee that the software is installed and
ready for testing (Go-Live). Licensee will have 90 days to notify lnfor, in writing, of any specific
deficiencies or issues with the system and will expect a resolution within 30 days of disclosure of
the deficiency. Licensee will expect lnfor to perform the following test. A resolution can be that a
product update could resolve the issue or licensee could receive notification that the issue has
been escalated. The Master Test Plan will be a compilation of two documents; the Integration Test
Plan, and the Regression Test Plan:
� Integration Test Plan - a description of how the system will be tested. It is to contain a
checklist of all functions and their desired results. In any available case, test data
should be described with the desired result, so that testing can verify that calculations
and data manipulations are producing the desired results. This list will be used for
functional testing of the system by Licensee.
� Regression Test Plan -will be used if the project requires there to be modifications to
any system already in-use by Licensee. Regression Testing must ensure that the
changes to any affected systems do not impact the daily work of those that use them.
The Regression Test Plan must be well defined and have to reach out to any User
Group that interacts with the modified system
5. 7 .5 Data Migration Plan -Licensee requires the services of lnfor to extract data from existing
data files in Hansen v7. lnfor EAM must also integrate with Licensee 's PeopleSoft Financial
Reporting System and "FresGo" service request mobile app. lnfor will be required to submit a plan
for migrating data from Licensee's legacy systems into the new lnfor EAM system. This plan should
include timeframe, method of migration, recovery plan and data validation process. Licensee will
provide all necessary information and asset data to lnfor for purposes of data migration.
Data Migrat ion and Convers ion As sumptions and Licensee Obligations
lnfor will conduct a data migration workshop which validates conversion scope and introduces
Licensee to the various standard approaches used to convert data into an lnfor database.
lnfor will develop, manage and execute a plan for the conversion work that will meet the milestones
of the Project plan.
lnfor is responsible for conversion activities with Licensee providing SMEs and support as needed,
and this includes but is not limited to the following:
Extracting and cleansing legacy data, and transforming/mapping into prescribed formats provided
by lnfor.
Designing and building any conversion programs that may be required.
Converting data into the lnfor system .
12
Reconciling and validating converted data, and correcting and reloading data with errors.
5.7.6 Change Management Procedure -The lnfor will submit Change Management Procedures
to Licensee that will describe the process lnfor will follow in the event there is a change that will
adversely impact the project.
5.7.7 Training/Education Plan -lnfor must provide a training plan for lnfor EAM. The plan must
include user group levels , course duration, course description and any course prerequisites.
Proposed training costs should include the costs of onsite training that include hands-on classes.
lnfor will provide "Train the Trainer," "End User'' and "Systems Training."
Licensee is interested in a level of training that includes familiarity with the software solution at
the onset of the project, involvement of users throughout the configuration and final training near
the conclusion of the implementation and prior to the "go live" date.
All training will be conducted within the City. Similar training can be combined among Department
of Public Utilities (DPU) and Department of Public Works (DPW) to minimize the amount of training
hours that will be needed.
The End User Adoption and Training tasks, work products and events identified below are within
the Project scope.
lnfor will staff a Principal Training Lead during the Elaboration Phase with responsibility for key end-user
training strategy/approach work products and activities listed below:
Training Program Principal Resource will be responsible for the overa ll training program Management (staff, deliverables, project plan, etc.), training material quality (Training Lead) assurance, and driving training success factors through the PMO and
Project Sponsors.
Training Needs This work product provides an assessment of the targeted users, Assessment, learning culture, existi ng learning practices, learning infrastructure, and Strategy & Approach im pacted business processes and systems to form ulate an overa ll Training Strategy. This also includes the Training Program 's overa ll approach, assessment/eva luation approach , team organ izati on, timelines, goals/objectives, and critical success facto rs. lnfor will lead
this effort with contribution from Licensee.
High-level Curricu lum This work product provides the End-user Training Curricu lum detailing
the courses , high level topics, participant groups, and cou rse length
and delivery format. lnfor will lead this effort with contribution from
Licensee.
Training Material These work prod ucts detail the overa ll courseware standards for the
Standards, training effo rt and includes details on the development process, e.g.
Prototypes, and storage, file naming, development process and sign-off, etc. The
Tem plates Prototypes and tem p lates represent the tools and look and feel for
which the courseware will be developed . lnfor will lead this effort with contribution from Licensee.
13
Training Environment Approach & Plan
Detailed Course Designs & Course
Material Development -Instructor-led material only
Training Deployment (Rollout) Plan
Train-theTrainer Program
Training Delivery
This work product provides the approach and plan for the establishment and sustainabil ity of the Training Environment. It outlines the overall
approach, timelines, roles/responsibilities, and covers critical topics
such as user administration and security, data convers ions, refresh
schedules, freeze points, and back-ups. lnfor will lead this effort with
contribution from Licensee.
For each course identified in the High Level Curriculum , a Detailed Course Design work product will provide performance objectives, detailed course module and activity outlines, delivery medium, duration, targeted audience, and assessment and evaluation approaches.
Based on signed-off Detailed Course Design, training course material work products will be developed to support instructorled training delivery for each in-scope course. Course components may include: Instructor Guide, Participant Guide, Instructor/Concept Slides, Demonstrations, Exercises, Quick Reference Guides, and Course Evaluations. This will also include the activities to data load and test demonstrations and exercises in a Licensee provided training environment. lnfor and Licensee will jointly lead these efforts.
Relevant Assumpti ons:
lnfor estimates the scope to consist of training materials to support up to 4 days of instructor-led training content, 32 Hands-on exercises, 3 Job Aids (one per agency) and 40 hours of Train the Trainer worksho . This will be validated durin the
This work product provides a plan to address the activities and preparations that must occur for a successful training delivery. Topics in the deliverable include trainer preparation and communications, printing and distribution, training room preparations, course enrollment and scheduling, and training . . .
This activity includes the creation and delivery of a Train-theTrainer workshop that will introduce trainers to the Training Program, course components, and provide coaching and labs for developing facilitation skills. Additionally, this will include the activities for a course review, and dry run session for lnfor
These activities entail the preparation for and delivery of the Project developed courses to end-users in a classroom or virtual setting. Licensee will be responsible for this effort.
Relevant Assumptions:
• Licensee will be responsible for providing trainers to deliver all end-user training sessions.
14
End User Training Ass umptions and Licensee Obligations
• Licensee will provide a Training Lead to co-design the training solution with lnfor
Training Lead. Licensee Training Lead should start in the Elaboration phase of Phase
1 and be available for the project duration.
• Training deliverables will be prepared and delivered in American English only. lnfor
has the capability for language translation but it is not included in the price. lnfor will
scope and provide pricing upon request.
• lnfor developed course materials will be developed using Microsoft Word, PowerPoint,
and Excel. Simulations will be developed using industry standard solutions, or another
agreed upon tool. e-Learning will be developed using an agreed-upon tool such as
Articulate Storyline or Captivate.
• Licensee is responsible for obtaining agreed upon tool(s) to be used in the
development of training material and organizing training from lnfor on the tool for
Licensee resources.
• Licensee is responsible for providing and maintaining a web-server to host training
materials and simulations, if desired.
• Licensee is responsible for providing Business Area Subject Matter Experts to provide
guidance/knowledge for the development of course material, and to participate in
course material review cycles. lnfor assumes a single review cycle and three-day
turnaround for all training material reviews unless otherwise agreed to by the lnfor and
Licensee Project Managers.
• Licensee is responsible for all Training Delivery logistics. This is to include, but not
limited to, enrolling and scheduling of trainees and trainers, printing and shipping of
course materials, and obtainment and preparation of training facilities.
• Licensee will be responsible for providing and supporting a training environment to be
used in the development of training materials and to deliver end-user training. During
training delivery this environment will be used to support demonstrations and
exercises. Licensee will be responsible for providing an environment that contains
base data to support demonstrations and exercises. Security and administration of
user IDs will be a Licensee responsibility for all relevant users (e.g., students, trainers,
content publishers, systems administrators, etc.).
• The ability of lnfor to complete the training project deliverables on time is dependent
on Licensee schedules and staff availability. Therefore, any schedule changes or staff
availability by Licensee may result in a corresponding change of the deadline by which
associated lnfor deliverables will be due. lnfor will notify Licensee of potential schedule
changes when they become apparent and the parties will mutually agree to any
change in the schedule and/or costs.
• For private, Licensee-site training, Licensee will provide training accommodations and
facilities including a computer work station for every attendee, a computer workstation
for the instructor, internet access on all workstations to access lnfor training
environment (when applicable) and/or the Licensee environment (when applicable),
printer access from each workstation, white board and flip-chart with markers, and a
computer projector.
Project Team Readiness & Training Scope
15
• "Project Team Readiness & Training Scope" means the efforts related to preparing
Project team members with the skills and competencies required for their roles on the
Project and to sustain the solution/system post go-live.
• lnfor will deliver 5 days of Project Team training at the beginning of the
implementation, designed to be an interactive walk-through of the EAM software
solution. Training topics will be determined and mutually agreed at that time. In
addition, lnfor will provide 5 days of System Administration Training or Technical
Training, to be delivered at a mutually-agreed point in the project (likely toward the
middle to end of the project cycle, to help ensure effective knowledge transfer).
5.7.8 Testing
Within lnfor "Deployment Method," testing encapsulates a key set of test phases and associated
activities that spans across multiple lnfor deployment phases. The Deployment Method also includes a
clear understanding of objectives and lnfor versus Licensee roles and responsibilities. These testing
requirements during each test phase are critical since each phase is the culmination and acceptance of
many predecessor activities.
lnfor will provide a formal document early in the project that will address:
Test Planning
Development of Test Scenarios/Scripts
Execution of Test Scenarios/Scripts
Documentation of Test Results
Test Issue Resolution
Test Phase Sign-off
Acceptance testing criteria will be jointly agreed by lnfor and Lice nsee.
The following outlines how testing will be approached for this Project, along with test-related roles and
responsibilities:
Unit Testing:
1. Description/Purpose: Unit testing validates individual units or components of custom code.
Regardless of the system , units are generally considered to be the smallest parts of an application
that can be tested for their functionality. Unit testing validates that the individual custom components
are fit-for-use and function correctly to meet the relevant technical specifications.
2. Roles and Responsibilities, Unit Testing is assumed to be performed by the same individuals
responsible for development, unless stated otherwise.
Inte gration Testi ng:
1. Description/Purpose: Integration Testing validates the integration of multiple units of custom code or
components. Integration testing validates that when the individual custom components are combined,
the interfaces between the individual units or components function correctly per the technical
specifications.
2. Roles and Responsibilities, Integration Testing is assumed to be performed by the same individuals
responsible for development, unless otherwise stated. Licensee will provide a QA environment for the
system being interfaced to for testing.
16
Integrated System Testing:
1. Description /Purpose: Integrated System Testing includes testing the business processes in a
complete end-to-end manner.
2. Roles and Respon sibilities: Both lnfor and Licensee will participate in Integrated System Testing.
lnfor will develop 40 scripts or scenarios for Integrated System Testing. Licensee may choose to
create additional scripts or scen arios as needed. lnfor will have a lead role with Licensee
participating and supporting for knowledge transfer. A defect log will be jointly managed by lnfor and
Licensee and regular status meetings will be held to track both progress and outstanding issues.
User Acceptance Testi ng:
1. Description /Purpose: User Acceptance Testing is the final phase of testi ng.
2. Roles and Responsibilities: : lnfor will update the 40 scripts or scenarios used in 1ST, to be applied to
UAT. Licensee may choose to create additional scripts, and may use the initial 25 scripts as a
template to do so. lnfor will provide forty (40) hours of testing support to assist Licensee with User
Acceptance Testing. A defect log will be jointly managed by lnfor and Licensee and regular status
meetings will be held to track both progress and outsta nding issues.
5. 7 .9 System Cut-Over Plan -lnfor will provide a cut-over plan for each new process solution. lnfor should
be sure to include the time required, department/staff affected, potential impacts to the affected
departments/staff during the cut-over, and safeguards to prevent the loss of data if a problem is
encountered during the cut-over.
Cut-Over Support Ass umptions and Licensee Obligations
If the Licensee is not ready to Go Live upon completion of the Services described in this Exhibit A,
additional Services and training may be required ("Additional Work").
The lnfor Project Manager will work together with the Licensee Project Manager to develop a joint
post Go-Live support resource plan.
Licensee process owners and key users will provide first line support to Licensee end users.
lnfor consultants will support the Licensee process owners and key users with resolution of process
questions and provide lnfor application assistance where required subject to the Go-Live
consulting hours above.
5. 7 .1 O Milestones and Del iverables -Milesto nes will be used to measure progress throughout the project.
Pay requests will be made only after deliverables associated with each milesto ne have been accepted.
lnfor will prepare a System Implementation Plan consisting of the following which will be tracked
as tasks during the project:
• Implementation and integration of lnfor EAM software.
• Project Management Plan
• System Implementation Schedule (Critical Path) (bi-weekly updates required)
• Data Security Plan
• Master Test Plan
• Data Migration Plan
• Change Management Procedure
• Training/Education Plan
• System Cut-over Plan
• Implement the inventory control module an d/or system into Licensee's operational work flows
17
and set up barcoding.
• Create a fully functional relational database
• Provide and execute required scripts to convert historical data as specified by user
departments that will be migrated.
• New database with all information converted.
• Population of database from existing and new sources.
• Database documentation of the data model and data logical models including entity
relationship diagrams, complete documentation for scripts or stored procedures and data
directories where appropriate. The format of docume ntation for the logical data model should
include drawings.
• Detailed system maintenance documentation.
• Train personnel. Certification of training completion along with key functional departmental
staff, lnfor will conduct application user classes and shall be responsible for the training of all
functional departmental staff.
5. 7 .10.1 Accepta nce Process
Upon completion of any deliverable set forth in Section 5. 7.10, "Milestones and Deliverables", lnfor shall
provide a copy of the deliverable to the Lice nsee. Licensee has five (5) business days after lnfor's
submission of the deliverable or completion of the activity ("Acceptance Period") to give lnfor written
notice specifying any deficiencies of such deliverable or activity against the description for such
deliverable or activity specified in this Work Order in detail. Deficien cies must be substantive in nature
relating to a significant potential business impact that could be caused by implementing the deliverable
without a cure. Documentation related items such as: Font, style , spacing, headi ngs, page numbers, and
table of contents are not considered deficiencies. If provided such notice, lnfor shall use reasonable
efforts to promptly cure any agreed deficiencies after completing such cure, lnfor shall resubmit the
deliverable or perform the activity for Licensee review as set forth above (with a new 5-day Acceptance
Period begin ning). Licensee's acceptance shall be in writing; however, if Licensee fails to provide written
notice of any deficiencies (or writte n acceptance) within an Acceptance Period, as provided above, such
deliverable or activity shall be deemed conclusively accepted at the end of the Acceptance Period.
5.8. Manage System Implement Services
EAM System must be equipped to receive incoming work/service requests; generate work orders; and
track work orders, parts, materials, and other resources. lnfor considered all factors when developing the
project approach, implementation plan, and cost proposal.
5.8.1. Perform EAM Interfaces
The EAM system will be used by several sections within the Water Division which will require
interfaces to different systems in order to minimize manual efforts. Licensee currently owns lnfor's
Web Services Tool Kit with two connector licenses. Licensee will purchase additional con nector
licenses as needed to integrate with the following applications below.
• Accela CRM -Lice nsee currently utilizes Accela's Citizen Resource Management application
(formerly Public Stuff) to document service requests from citizens across many departments
including those that utilize Hansen. Lice nsee brands this application as FresGo.
• GIS -Licensee has acquired the EAM GIS module to interface with ESRI GIS, ArcGIS,
ArcSDE current versions
• SunGard Public Sector's Naviline -DPU utilizes a SunGard/Naviline (HTE), version
9.1.16.3.0 to transmit over 60,000 service orders and work orders to the Water Division yearly.
The scope of work would include establishi ng an interface between "HTE" and EAM in order
18
to eliminate the double typing of the requests.
• SCADA -The Water Division is currently using several versions of Citect SCADA. The oldest
in use in Version 7.2, Service Pack 5, Rev A, 2010. Scope involves creating work requests in
EAM that come from alerts in SCADA.
• PeopleSoft v8 .9 Financial and Human Resou rces System (General Ledger) -Licensee
uses version 8.9 PeopleSoft.
• LabVantage -Wastewater Management Division is currently the Laboratory Information
Management System (LIMS), LabVantage, Sapphire, version 3.3. The Division plans to
upgrade to version 8.3 before this RFP is awarded . •
Interface Assu mptions and Licensee Obligations
The integrations which are in scope for this Exhibit A of the implementation and included in lnfor's
pricing are: Accela CRM, GIS, SCADA, Sungard/Naviline and PeopleSoft.
lnfor will provide scoping and design for the LabVantage/LI MS interface. A cost estimate for
development will be provided for consideration as a Change Order or follow-on project.
All data files for outbound and inbound interfaces with lnfor applications will be in the specified lnfor
standard file formats.
Licensee will provide access to any environment, data, and systems to test interfaces for all Licensee
and third party systems to which the lnfor applications will be interfaced with.
The Licensee will be responsible for building the source system side of the interface, as required.
Licensee is responsible for data validation efforts associated with interface testing, ensuring
interfaced data, including any transformation, mapping or aggregating logic, is performing
correctly.
5.8.2. Configuration Services Only as part of the implementation Services For Work
Requests (Including from another system generated service request)
Article 1. Critical Features
Customer Information
• Records and manages customer contact information and address
• Allows for manual entry of customer contact types. Historical customer contact can be
logged through a notes function. A chronological history of contact with the customer can be
captured along with the date, time, and user ID of the person entering the notes into the
system.
• Accepts unlimited, free form account memos and provides options of drop down screens
Work Request Management
• Processes, prioritizes, groups, and dispatches Work Request to various service centers.
• Tracks and displays the status of pending and completed Work Requests and Work Orders.
Work Request Initiation
• Processes a Work Request that can be dispatched to a specified work queue including
hand-held devices.
• Processes Work Requests that can generate a Work Order to the EAM.
19
Article 2.
Reporting
Critical Features
• Supports the development of user-customizable report output options: sort information by
multiple fields as chosen by a user, minimize information selection based on multiple field
criteria, multi-level totaling as defined by a user
• Allows for user to define "ad hoc" queries and reports
• Allows a user to generate and view a report on-line before printing
• Allows a user to view a report by selecting transactions by any combination of date ranges,
transaction types, user ID, etc.
5.8.3. Configure Mai ntenance Management Functions
At a minimum, lnfor must provide the functionalities listed below:
Article 3. General
• Supports records for multiple business entities
• Provides default field values for data entry with override capacity
• Supports the following output options: screen display, HTML format, print to file and printer.
• Is accessible via the internet and/or intranet
• Route work orders for optimum drive time
Article 4. Work Management
lnfor EAM must be able to manage, plan, and monitor work and the resources necessary to
complete work. Create standard, regular, and PM work orders and schedules, and define work
information such as supervisors, permits, qualifications, employees, shifts, tools, and checklists.
Critical Features
Work/S ervice Request Evaluation and Approval
• Provides automatic notification and approval of work/service request and work orders
• Tracks unscheduled (response) maintenance/repairs
Work Planning and Scheduling
• Tracks predictive and scheduled (preventive) maintenance
• Issues and tracks work assignments or service requests and creates a maintenance history
Work Orders
• Tracks Labor, Equipment and Materials through Activity Based Costing
• Links Documents to Work Order
• Ability for SCADA or other event notification system to trigger a work order based on a
condition, event, or business rule
20
Work Order Completion and Analysis
• Tracks inspection history on all infrastructure and assets
• Records and tracks Work Order history
• Produces reports that identify problem areas, conditions of assets, maintenance costs, etc.
• Tracks costs for budget purposes and capital improvement (Projects) projections
• Supports the following output options: screen display, HTML format, print to file, printer
Article 5. Asset Management
Implementation includes a comprehensive asset management plan that includes the ability to
record, maintain, structure, and standard ize asset information. Capture the id entity, configuration,
and structure of physical assets, their complete technical and commercial configurations, and
current position (either by location, functional position, or tag) as well as past locations and
maintenance history.
Critical Features
Asset Details and Tra cking
• Displays work orders in an integrated, real-time environment allowing any of the
aforementioned analysis to take place spatially.
• Links associated documents and/or can interface with a document management system.
Article 6. Inventory Management
Inventory management module must determine the correct stocking levels to provide an acceptable
se rvice level of parts and supplies to meet anticipated demand. Also, manage item current
balances; reorder points, bin locations, product cost; monitor transactions and track the usage
history of critical spare parts and materials; and integrate with handheld devices and bar coding
technology for inventory transactions and auditing.
The Inventory Management system must support existing City operations.
The implem entation approach will address the need for the barcode scanners can be used for Inventory Management, Asset Tracking, Inventory Counts, Price and Quantity verification and Picking and Receiving of
Parts and materials.
Critical Features
Issue/Tra nsfers/Returns
• Assigns resources from inventory to an asset, a Work Order, and to a specific crew and
location. Ensure that requested materials and spare pa rts are readily available or can be
obtained within an acceptable time period
• Tracks inventory transaction activities
• Removes a rotating asset (e.g. meter) from a location/return to inventory
Inventory Audit
• Pe rforms usage analysis and prioritize items within the system
• Interfaces with bar coding and hand held technology
• Tracks changes to item current balance, location and cost
21
• Allows for cycle counting and physical inventory
Reorder Materials and Spare Parts
• Associates multiple vendors and manufactures with an item.
• Sets item reorder point or min/max and flag parts requiring reorder automatically.
• Automatically updates item current balance upon receipt of reordered items.
Pro curement
• Manage every aspect of the purchasing cycle from requisition creation, approvals, supplier
selection, purchase order placement, and goods receipt through invoice matching.
• Ensure the selection of qualified suppliers and obtain the best price and delivery terms.
• Set pricing based on terms of existing Requirements Contracts.
5.8.4. System Implementation
Licensee will provide the EAM software and hardware components for the installation. lnfor will
provide implementation services as described in lnfor's System Implementation plan. The following
are some of the required tasks to be included in system implementation:
The implementation may include but is not limited to the following:
• Design, configure and implement workflow formulas to automate existing DPU and DPW
processes.
• Design and implement Dashboard and Reports. lnfor may utilize existing Sewer applications
in iView system, which is an intranet-based GIS providing easy access to City data, some of
which is not available to the public (i.e. Assessor information, parcel owner, property value,
etc.) as a template for the initial setup.
• Support City staff in updating existing web services (iView) which is utilized for mobile
operations. This support will be limited to communicating any unique features or
configurations of the EAM implementation. Actual iView programming changes will be
conducted by City Staff.
• Support Licensee to interface the new EAM with FresGo (Accela - CRM); and mobile
applications.
• Support Licensee to interface the new EAM with the SunGard/Naviline system.
Instal lation Services
The EAM system must be in accordance with the submitted system installation and implementation
of the proposed solution. lnfor must assist Licensee in establishing a team comprised of
management, technical and user resources to be involved in the installation and implementation of
the proposed systems and interfaces.
Change Management Services
lnfor will manage the Change Management Procedure and support Licensee in its objective of
having a "Zero Defect" system. The concept of "Zero Defect" mindset is to find and eliminate as
many defects as possible within the system before it is delivered to Licensee Users. This process
requires that Infer be dedicated to testing and reviewing all work before it is seen and used by
Licensee. All work produced by lnfor must go through Master Test Plan.
22
Server Environment
lnfor will provide support to Licensee in selecting hardware and related opera ting system (OS)
software that may be required outside of lnfor's EAM implementation system. Licensee will procure
the hardware, if necessary, through a separate contract. lnfor must identify all server hardware,
software and services required to implement and operate the integrated system. Hardware,
RDBMS licensing and OS Licensing will be supplied separately by Licensee. The hardware
platform must be adequate to support required processing requirements and response times.
Licensee uses Intel-based blade server technology and has a VMware ESX requirement for
Windows/SO L. Licensee prefers solutions that match Licensee's SOL Server standard. lnfor will
state how their solution will conform to Licensee's requirements.
Software Environment
The standard for the EAM system is to use SOL Server 2012 database technology and should
provide a mechanism by which information can be accessed, manipulated, reported on, or simply
queried. As a result, the EAM system should provide a facility to easily support user queries and
reporting and lnfor will identify all SOL Server required to implement and operate it. Additionally,
the following are Licensee's Information System technology standards for the application:
• Windows OS
• Oracle Linux (Used in Oracle DB)
• VMware ESX 6+ for Windows/SOL
• Integrate with MS Office tools
• Microsoft Windows Graphical User Interface (GUI) Standards
• Ethernet-based networks using TCP/IP for client-server communications and communication
with other City applications
• Applications that use web browser/web-based technology (http or https)
• Enterprise clienUserver technology over LAN/WAN application accessibility
• ESR I GIS, ArcGIS, ArcSDE current versions
• Autodesk AutoCAD current version, Civil Design current version, Map guide current version
and Map3D
• Trimble GPS units
• Use of handheld mobile devices for field data entry/lookup
• Trend Micro AV
• MicroFocus ZenWorks for workstation bundle deployment
Geographic Information System (GIS)
GIS is a multi-departmental resource within the City that is not currently integrated with the
current CMMS. lnfor will enable the integration of EAM with GIS for 30 feature classes. Licensee
currently owns the GIS module for EAM.
The GIS system is primarily based on ESRl's line of GIS products:
• ArcGIS 10.31 -ESRI map server hosting
• ArcSDE 9.0 installed (have license for 9.1) -Spatially enables a relational database
(SOL/Oracle/DB2)
• ARCIMS 9.31 - Enables development of internet mapping elements (map layers)
The GIS currently has approximately 1 terabytes of geographic data.
23
The external site URL is https ://gis4u.fresno.gov/viewer/ public access for operational layers and
general GIS resources.
5.9 Reporti ng, KPls, lnboxes and Alert
lnfor will provide training on reporting and advanced reporting capabilities. The scope includes:
• KPl's
0 2 Simple, 1 Medium, 1 Complex • lnbox
0 3 Simple 2 Medium, 2 Complex • Alerts
o 2 Alert Development
• Reports - lnfor will help develop 4 custom reports
o 2 Simple, 1 Medium Complex, 1 Complex
Reports Scope As sumptions and Licensee Obli gations
• Report development scope and deliverables will be mutually agreed upon.
• lnfor will provide Advanced Report training and training on creating KP ls and lnboxes.
5.10 Deployment to Production and System Support Services
lnfor will provide support services to Licensee during and after the deployment of the integrated system.
lnfor will maintain communications with, and provide Licensee an opportunity to comment on service,
and report any problems with the system that has been used in a 'real world' fashion.
"Go-Live" is defined as the first time Licensee uses the Licensed Software to process data in Licensee's
live production environment.
Activity Key Assumptions
Fun ctional Post
Go-Live Support
System Post
Go-Live support
lnfor will provide up to 80 hours of go-live bus iness consulting support
to be used at the discretion of Licensee wi thin 15 business days of
cutover
lnfor will provide up to 40 hours of go-live system consulting support to be
used at the discretion of Licensee within 10 busine ss days of cutover
lnfor can offer a block of hours that will be billed directly to the Department requesting the services.
Service can include, but are not limited to general tech support, incident-based support, remote
troubleshooting, and assistance with product updates.
5.11 Project Roles and Responsibilities
24
I Combined Project Te am
ORGANIZATI ONAL CHART
lnfor Project Manager
lnfar EAM Functional
Consultants
'
Executive Steeri ng Committee City of Fresno And lnfor
lnfar EAM Tec;5nical . 1 Cansultan�
/\ /JI oje ct 1< nnly c:, 1rt on(J n, ic�
reo,n atH.l the tco,n only os
slt on9 os its inclivitluul
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eoch teum meml)er lir11 rl1e·
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own<'rship in IIH' de!iverv of o
succes sful /JI ojecl ...
lnfor EAM Solution Architect
lnfor SME and Support
Team Members, Tes ting
and Tra ining leads
Below is a table depicting roles and respo nsibilities of the Licensee and lnfor. In some cases the table
shows two 'accountable', and two 'responsible'. This indicates that each party is assigned that
designation for their part of the staff.
EXAMPLE: High Level RA C/ Chart
Legend
R -Responsible: The party who physically performs the work.
A -Accountable: The decision maker and approver.
C -Consult/SupporUVerify Input may be solicited relating to the work to be performed and/or the
deli verable. This role may verify that work product meets the acceptance
criteria, and may be required to support the completion of the task or work
product.
I -Inform: May be (should be) notified as a courtesy, but not a decision maker or
approver, nor involved in performing the work.
25
Both Licensee lnfor
(/) w � (/)
O') Cl) w
C .... � .... � ·;:: .... Q) (/) .... Q) Cl)
Q) 0 C: .... 0 O') 2 (/) Q) (/) � Task/Work Product C ro (/) C ro
Cl) 0 C 0 C (/)
Q) Q) a. ro :::> a. ro c >2 Cl) � (/) Cl) � � '5 E t5 (/) t5 t5 t5 Q)
u E Q) Q) 0 C Q) Q) 0 (/)
� 0 B ·o � "iii B B � C .... .... t: ::i .... .... WO a. a. a. a'.l a. a. a. 0
Escalate Project Related A R C C C A R C C Matters Needing Atte ntion
Perform Project
Management A R C C C A R C C Functions/Implement Project
Governance
Act as Primary Point of
Contact for Program A R C C C A R C C
Com munication
Manage Program
Resources, Resolve A R C C A R C Perso nnel Issues, Fix
Prob lems
Manage Scope ( as a part of A R C A R C Project Govern ance)
Manage Senior
Management A R C A R C
Com munication
Provide High Level A R C A R C Guidance to the Teams
Define, Manage, Maintain, A R C C A R C Report and Enforce Quality
Meet on Monthly Basis to
Review Project Status (ESC AIR C C C C C C
meeti ng)
Meet on Bi-Weekly Basis to
Review Proj ect Status A R C C R C C
(Sponsor Meeting)
Meet On Weekly Basis To
Review Project Status (And A R C C A R C
All Other Artifacts)
Defi ne, Desig n, Perform And
Verify Organizational A R C C C C C C C
Change Management
Make Decisions On Project
Issues (As A Part Of A R C C C C C C C
Govern ance)
26
Both Licensee lnfor
Identify, Discuss, Review,
Verify And Implement I C C I I I A R I I Deliverable Acceptance
Criteria
Facilitate Business
Workflow, Workshops, Pilots C C I I C A R C C To Ensure Meeting Business
Requirem ents
Provide Licensed Software
Knowledge And Expertise I I I I I I A C R During Life Cycle Phases Of
The Program
Provide Licensed Software
Related Learning Assets As I I I I I I A I R
Needed
Assist In Infrastructure
Defi nition, Design, I C I C C A R I C
Implementation And Support
Ensure Infrastructure &
Configuration Availability For A C R C C
The Team
Liaison Between Project A R C I C I C C C Team And Business Users
Define, Develop, Im plement, I A R C C C A R C C Support Training Plan
Resolve Business User
Confl icting Priority Between I A R C I C I C C C Job Roles And Program
Support (Ava ilability)
Prepare Executive Steering
Com mittee Report And I A R C C C A R C C Respond To Executive
Queries
Provide Timely Response
And Acceptance Of Project I A R l I C C C
Deliverables
Provide Technical Expertise
In Support Of Data I I C C C I A C R Conversion Needs And
Infrastructure Support
Unit Testing I C C I C I C A R
System Integration Testing I I C C I C I A I R
User Acceptance Testing I I A R I R I C C I
Performance Testing I l A R I R I C C C
27
Resource Assumptions and Licensee Obligations
• Licensee acknowledges that all Project timeli nes are subject to timely provision of resources and
performance of obligations.
• Licensee will provide lnfor resources after-hours access to the Licensee Project site thru a VPN or
physically if mutually agreed to.
• Licensee wi ll provide, at no charge to lnfor, personnel to carry out administrative functi ons on behalf of the
lnfor Project team. Licensee may choose to assign multiple people to cover the required ta sks .
• The core Project te am, including lnfor and Licensee team members, wi ll be co-located at a single Licensee
location for all onsite Project work.
• Licensee Core Team Members: Licensee wi ll assign to the Project highly experienced representatives from
all the areas within scope for the duration of the Project, to ensure all Licensee Project activities are
completed within the established Project timeline. These individuals will be qualified to define requirements
for their respective disciplines and wi ll be em powered to make process and policy decisions, including
deliverable signoffs , and wi ll engage other subject matter experts as needed.
• Licensee subject matter experts (SMEs): In addition to Licensee core team mem bers, Licensee SMEs will
be required from affected areas of the business to participate in business process requirements reviews
and design wo rkshops. Licensee will ensure these resources are identified in advance and are rea dily
available to participate in meetings workshops and test events as defined in the Project work plan in order
to keep the Project on schedule.
• Licensee will have full time tech nical res ources assigned to the Project. lnfor Tech nical Resources wi ll
engage in transfer knowledge to the Licensee tech nical te am, which should res ult in decreased lnfor
involvement over time.
• lnfor's staffing req uirements will be determ ined solely by lnfor. lnfor may also, at its sole discretion use
subcontractors in perform ing Services under this Work Order.
• If Licensee decides to assign non-Licensee personnel to the Project tea m, lnfor will assume that these
team mem bers represent Licensee and wi ll be em powered to make decisions for Licensee. However, all
such non-Licensee personnel must be bound to the confidentiality provi sions of the Services Agreement to
the same extent as Lice nsee, and Licensee is re sponsible for any breaches of such confidential ity
agreement by such non-Licensee perso nnel as if Licensee co mmitted such breach.
28
6.0 General Proj ect As sumptions and Licensee Obligations
• Any additional requirement(s) not specified in this Exhibit A, or identified during the course of the
Project will be addressed using the Project Change Control Process.
• Licensee will provide office facilities to all Project team mem bers assigned to the core Project te am.
This includes, but is not limited to, office space, work desks, networked computers, secured fi ling
cabinets if required, team meeting room s, networked printers, photocopier, telephones, stati onery,
whiteboards, and internet and remote VPN connection to facilitate the effectiveness of the Project
te am.
• For Services provided at Licensee location, Licensee will provide facilities for lnfor person nel. This
includes, but not lim ited to, office space, desks, networked computers, secured filing cabi nets if
required, team meeting rooms, network printers, photocopiers, telephones, stationaries, whiteboards,
internet and remote VPN connection.
• Licensee acknowledges that any delays or changes caused by Licensee, Licensee employees,
equipment, contractors, or vendors may cause an increase in the fees re quired under this Work Order,
including without lim itati on, delays or changes due to the fo llowing: (a) change to or deficiency in the
information which Licensee has supplied to lnfor; (b) fa ilure by Licensee to perform any of its
responsibilities in a timely manner including the supply to lnfor of resources and information; or (c) an
unanticipated event that changes the service needs or req uirements of Licensee. Changes req uired to
this Exhibit A a result of any of the foregoing events wi ll be handled using the Project Change Control
Process.
• Some tasks may be performed offs ite by lnfor and Licensee staff mem bers. lnfor and Licensee staff will
have remote access to Licensee's network and systems as necessary to perform such Project
activities.
• Licensee will coord inate facilities and avai lability of Licensee reso urces for all req uired testing of the
Licensed Software prior to deployment.
• It is assumed that, at the time of the im plementation, the Licensee will be active on lnfor Xtre me
Support with regards to the licenses being im plemented.
• All Project activities will be conducted either remotely or at Licensee.
• After the Project initiation, Licensee and lnfor will meet and final ize activities required to accom plish the
objectives of this Project, develop a Project plan, timeline, and milestones by both parties. It is possible
that as the result of this meeting the proposed Project scope may change. This scope change may
result in additional respon sibilities for each party. In that case, this Exhibit A will be mod ified with a
change order, independent of whether or not there wi ll be any fu nding changes.
29
6.0 Payment Milesto ne Sched ule
Licensee agrees to pay lnfor fees of $1,483,294.00 for the services desc ribed in this Exhibit A. Upon
lnfor's completion of the deliverables, work products or activities associated with each Milestone as set
fo rth herein, the corresponding fee for such Milestone specified below becomes due and lnfor shall
invoice Licensee. Licensee shall pay such fee as set forth below.
The project plan is anticipated to be 12 months. The final schedule will be agreed between lnfor PM and
City PM. Any delay of the start date will impact the availability of project resources, the final production
go-live date, will necessitate further discussion to agree on a project schedule with mutually agreed upon
timeframe and could require a change order.
Delivera ble
Amount Milestone Criteria/Task Deliverable
MS l Cont ract agreed and signed Signed Co ntract $100,000
IPM.070 Project Manage ment Plan
SCH.040 Baseline Project Schedule
5.0 Project Initiation OCH .050 Project Kickoff Meeting $85,000
TR N.030 Project Team
MS 2 Training/Workshop
Insta llation Plan
MS 3 5.1 Softw are Insta llation Prep and Insta ll Environments (DEV, QA, $60,699
PROD)
Review and Va lidate Busi ness
5.2 Inventory Management Requirements
MS 4(a ) Business Process Design and BRE.100 MOSCOW / Requirements $24,553 Register (written delive rable) Validation (Design) ANA-050 Fu nctional Specificati on /
Description (written deliverable)
5.2 Inventory Management DES-020 As Built Design Docu ment
MS 4(b) Business Process Design and (written delivera ble) $24,553 MC0-070 Master Configuration (written Validation (Build) deliverable)
5.2 Inventory Management DC0.040 Perform Data Ma pping
MS 4(c) Business Process Design and DC0.120 Migrate and Verify Data (Initia l $24,553
Validation (Data) Test)
Review and Validate Busi ness
5.5 Water Division Distribution Requireme nts
MS S(a) Operations Business Process BRE.100 MOSCOW / Requirements $41,667 Register (written delivera ble) Design and Val idation(Design) ANA-050 Functio nal Specification /
Description (written deliverable)
5.5 Water Division Distribution DES-020 As Built Design Document
MS 5(b) Operations Business Process (written deliverable) $41,667
Design and Validatio n(Build) MC0-070 Master Configuration (written
deliverable)
5.5 Water Division Distribution DC0.040 Perform Data Mapping
MS S(c) Operations Business Process DC0.120 Migrate and Ve rify Data (Initial $41,666
Design and Validation(Data) Test)
30
Review and Validate Cu rrent
Configurations
MS 6(a) 5.3 Migrate and Configure Sewer BRE.100 MOSCOW / Req uirements $36,667 Operations (Design) Register (written de livera ble)
ANA-050 Fu nctio nal Specification /
Description (written deliverable
DES-020 As Built Design Document
MS 6(b) 5.3 Migrate and Configure Sewer (written delivera ble) $36,667 Operations (Build) MC0-070 Master Configuration (written
deliverable)
5.3 Migrate and Configu re Sewer DC0.040 Pe rfo rm Data Mapping
MS 6(c) Operations(Data) DC0.120 Migrate and Ve rify Data (Initial $36,666
Test)
BRE.100 MOSCOW / Requirements
MS 7(a) 5.4 Migrate and Configu re Register (written delivera ble) $36,667 Environmental Services(Design) ANA-050 Functional Specificatio n/
Description (written deliverable)
DES-020 As Built Design Docu ment
MS 7(b) 5.4 Migrate and Configu re (w ritten delivera ble) $36,667 Environmental Services(Build) MC0-070 Master Configuration (written
delive rable)
5.4 Migrate and Configure DC0.040 Perform Data Mapping
MS 7(c) DC0.120 Migrate and Verify Data (Initial $36,666 Environmental Services(Data ) Test)
5.6 Migrate and Configu re Streets BRE.100 MOSCOW / Requirements
MS 8(a) and La ndscape Maintena nce Register (written delivera ble) $34,701 ANA-050 Fu nctional Specification / (DPW) (Design) Description (written deliverable)
5.6 Migrate and Configu re Streets DES-020 As Built Design Document
MS 8(b) and La ndscape Maintena nce (written delivera ble) $34,700 MC0-070 Mast er Configuration (written (DPW) (Build) delive rable)
5.6 Migrate and Configu re Streets DC0.040 Perfo rm Data Mapping
MS 8(c) and La ndscape Maintena nce DC0.120 Migrate and Ve rify Data (Initial $34,700
(DPW)(Data) Test)
MS 9(a) 5.8.1 Accela CRM Interface ANA-050 Fu nctional Specification / $37,5000 Description (written deliverable)
DES-020 As Built Design Document
MS 9(b) 5.8.1 Accela CRM Interface (written delivera ble) $37,5000 MC0-070 Master Configuration
Interface Unit Test
MS 10 5.8.1 GIS Interface Identify, develop and Implement the GIS $75,000 for EAM for up to 30 fe ature classes.
MS ll(a) 5.8.1 SCADA lnterface (Design) ANA-050 Functional Specification / $37,500 Description (written deliverable)
DES-020 As Built Design Docu ment
MS ll(b) 5.8.1 SCADA lnterface(Build) (written delivera ble) $37,500 MC0-070 Master Configuration
Interface Unit Test
31
MS 12(a) 5.8.1 Sungard/N avi line ANA-050 Functional Specification / $37,500 lnterface (Design) Description (written delivera ble)
DES-020 As Built Design Docu ment
MS 12(b) 5.8.1 Su ngard/Naviline (w ritten delivera ble) $37,500 lnterface (Build) MC0-070 Master Configuration
Interface Unit Test
MS 13(a ) 5.8.1 PeopleSoft Interface ANA-050 Functi onal Specification / $37,500 Description (written delivera ble)
DES-020 As Built Design Docu ment
MS 13(b) 5.8.1 PeopleSoft Inte rface (written delive ra ble) $37,500 MC0-070 Master Configuration
Interface Unit Test
TEST.130 Deve lop System Test Plan
TES.090 Deve lop System Test Scripts (40
MS 14(a) 5.7.8 Test ing Scripts/Scena rios for Integrated System $20,500
Test)
Support System Test
Updates to 40 Integrated System Test
MS 14(b) 5.7.8 Testing Scri pts/Scena rios for use in UAT $20,500 Defect Log
TES.150 Support UAT
MS 15(a) 5.7.7 End User Tra ining (Build) DOC.040 Develop End User Tra ining $41,000 Guides
MS 15(b) 5.7.7 End User Training TRN.060 Perform Training $41,000
MS 16 5.10 Migrat ion to Production TRS.070 Migrate all Units to Production $81,000
SUS.010 Monitor and Respond to System
MS 17 5.10 Go-Live Support Problems $94,835
Provide Go-Live Support
TOTAL $1,483,294
*All amounts are in US Dollars, and exclusive of any applicable taxes, unless otherwise specified.
The rates specified above are subject to increase if this Exhibit A is not executed by: Octo ber 24, 201 8
Staff and Mobilizing the Project Team
After mutual agreement, it typically takes two (2) to fo ur (4) weeks to schedule and mobilize applicable lnfor resources for the Proj ect. Actual ti me for this effort varies depending on the num ber and type of consultants
required, and scheduling and mobilization usually includes, but is not lim ited to, the fo llowing activities: (a)
developing an estimated project schedule; (b) further defining and confirm ing resource loads; (c) revi ewing proposed Project staffi ng and estimated hours with Licensee's Project Sponsor; and (d) confirm ing and scheduling
Project kick-off.
lnfor recom mends this estimated time line be taken into consideration when sched uling the start date of the Proj ect.
If required and not otherwise specified, any testing or acceptance criteria will be jointly agreed by lnfor and
Licensee.
Each invoice is payable within thirty (30) days from the date of invoice. This payment obligation is non-cancelable and the amounts paid are non-refundable. Fees do not include applicable taxes, which will be added to each
invoice.
32
Fees do include travel and living expenses.
Where a substantial variation fro m this Exhibit A is foreseen, both parties must agree in wri ting to the additional
work and amend this Exhibit A accordingly via the Project Change Control Process.
33
EXHIBIT A-2 • SOFTWARE SERVICES AGREEMENT
THIS SOFTWARE SERVICES AGREEMENT (the "Services Agreement") is made between lnfor (U S), Inc. ("I nfer'') and City of
Fresno ("Licensee") as of the Effective Date. The parties agree as follows :
1. Defi nitions.
(a) "Affi liate" means any entity, directly or indirectly,
controlling, controlled by, or under common control with,
Infer.
(b) "Confi dentlal Information" means non-public
information of an Affi liate or a party to this Agreement that is
identified as or wo uld be reasonably understood to be
confidential and/or proprietary. Confidential Information
does not include information that: (i) is or beco mes known to
the public without fa ult or breach of the Recipient; (ii) the
Discloser reg ularly discloses to third parties without
restriction on disclosure; (iii) the Recipient obtains from a
third party without restriction on disclosure and without
breach of a non-d isclosure obligation; or (iv) is
independently developed by the Recipient without access to
Confidential Info rmation.
(c) "Discloser" means the party providing Confidential
Information to the Recipient.
(d) "Effective Date'' means the date identified on the
signature page of this Services Agreement as the Effective
Date.
(e) "Equ ipment'' means the hardware and syste ms
software configuration on which lnfor supports use of the
Licensed Softwa re.
(f) "Intellectual Property Rights" means any and all
rig hts in patents, patent appl ications, copyrights, copyright
reg istrat ions, trade secrets, trademarks and service marks
(including, where applicable, all derivative works of the
foregoi ng).
(g) "Licensed Software" means the computer software
programs licensed by Infe r or its Affi liate to Licensee.
(h) "Recipient" means the party receiving Confidential
Information of the Discloser.
(i) "Residual Knowledge" means ideas, concepts, know
how or techniques related to the Discloser's technology and
Confidential Inform ation that are retained in the unaided
memories of the Recipient who had rightful access to
Confidential Information.
(j) "Services" means the software-related profes sional
servi ces that Infer will provide Licensee as contemplated
under this Services Agreement and/or any Work Order.
(k) "Work Order" has the meaning ascribed to such term
in Section 2(a) of this Services Agreement.
34
2. Services.
(a) Work Orders. Infer will provide Licensee with Se rvices
as set forth in one or more mutually ag reed to and signed
work order(s) which shall contain without lim itation, a
description of the Services, the Services rate(s) and
payment terms (each a "Work Order"). The parties agree
that Work Orders may not be complete statements of
Services required by Licensee and additional Services may
be required which would be difficult to determine as of the
date of this Services Agreement or of the applicable Work
Order. At Licensee's request, the Work Order may include
an estimate of charges for the Services, but such estim ate
shall not be binding on Infer or convert the Work Order into
a fixed price contract with respect to such Services. Unless
expressly stated otherwise: (i) the Services rates are for an
8-hour person-day and will not include the expenses and
charges refe rred to in Section 3(a) of this Services
Agreement; (ii) the quoted rates shall represent lnfor's
current rates applicable to Licensee (i.e., the rates
applicable to Licensee as of the effective date of the Work
Order) for the resou rces specified; and (iii) to the extent that
Infer raises the rates charged fo r Services during the course
of a project, Licensee shall be req uired to pay lnfor at the
increased rates. lnfor is under no obligation to perform any
Services other than pursuant to a Work Order.
Notwithsta nding the foregoing, if lnfor performs Services at
the di rection of Licensee and the parties have not signed a
Work Order for such Services, then such Services shall be
subject to all terms and conditions of this Services
Agreement, and lnfor's then-current rates for such Services
shall apply. lnfor may provide Services through its third
party contractors ("Contractors"), but, in all such cases, lnfor
will remain subject to the obligations hereunder.
(b} Conditions On Providing Services. Licensee must
assign a project manager who will assume respons ibility for
management of the project for which the Services are
provided. Licensee will establish the overall project direction,
including assigning and managing the Licensee's project
personnel team. Licensee must provide lnfor with such
facilities, equipment and support as are reasonably
necessary for lnfor to provide Services, including remote
access to the Equipment. lnfor owns and will own all right,
title and interest to the Services and any work product
generated from the Services ("Work Produ ct"), and Licensee
will execute and deliver to lnfor any documents reasonably
necessary to vest in lnfor all right, title and interest therein.
Subject to the terms and conditions of this Services
Agreement, lnfor grants Licensee a perpetu al, non
exclusive, non-transferable license (without the right to
sublease or subl icense) to use and copy for use the Work
Product for Licensee's own, internal computing operations.
(c) Scheduling and Cancellation of Scheduled Services .
In connection with any Work Order, Licensee should make
staffing requ ests at least fo ur (4) weeks in advance to
increase the likelihood that the request can be filled for the
date requested. While it is possible to secure staffi ng within
this time frame (and lnfor will make commercially reaso nable
effo rts to comply with such staffi ng requests), the proba bility
of obtaining the requ ested resou rces decreases the closer
the req uest is made to the need date. The parties agree that
once Licensee and lnfor have scheduled a specific time
during which lnfor will provide Services under the terms of
this Services Agreement and/or a Work Order, Licensee wi ll
be obligated to pay lnfor for such Services as if lnfor had
performed such Services on the date scheduled and any
rel ated travel and living expenses to the extent such travel
and living expenses are non-refu ndable, unless Licensee
has notified lnfor that Licensee would like to resc hedule or
cancel the provision of such Services at least twe nty one
(21 ) days prior to the date which lnfo r is scheduled to
perform such Services.
3. Payment and Taxes.
(a) Payment. Unless otherwise stated in the applicable
Work Order, lnfor will invoice Licensee for all Services and
applicable charges on a bi-weekly basis, as lnfor renders the
Services or Licensee incurs the charges, as applicable.
Licensee wi ll also rei mburse lnfor for actual travel and living
expenses that lnfor incurs in provi ding Licensee with
Services under this Services Agreement, with
rei mbursement to be on an as-incurred basis. Licensee wi ll
also rei mburse lnfor for all charges incu rred in connection
with access ing Equipment, if any. Licensee will pay each
lnfor invoice within fifteen (1 5) days of the date of invoice.
Late payments are subject to a late charge equal to the
lesser of: (i) one and one-half percent (1 Y.%) per month; and
(ii) the highest rate perm itted by applicable law.
{b) Taxes . Licensee is responsible for paying all taxes
(except for taxes based on lnfor's net income or capital
stock) relating to this Services Agreement, and any Services
provided and payments made hereunder. Applicable tax
amounts (if any) are not included in the fees set forth in this
Services Agreement and any Work Order. In each instance,
lnfor will invoice Licensee for applicable tax amounts and
such invoices are due upon Licensee's rece ipt thereof.
(c) Long-term Assignments. The parties acknowledge that
rei mbursement of travel and living expenses to an lnfor
consultant who is assigned to a particular location for more
than one year may be treated as taxable personal income
under applicable tax laws. Where reasonably poss ible, the
parties will plan to limit the duration of a consultant's
assignment to a particular location to less than one year. If
a consultant is assigned to a parti cular location for more than
one year and subject to additional taxes as a result thereof,
then lnfor will increase consultant's compensation to cover
such additional taxes, and Licensee shall re imburse lnfor for
the amount of such increase.
4. Limited Warranty and Disclaimer of Warranties.
(a) Limited Services Warranty and Remedy For Breach.
lnfor warrants to Licensee that, for the period beginning on
the specific date of the applicable Work Order and conti nuing
35
for ninety (90) days after the co mpletion of Services pursuant
to that Work Order, lnfor will render all Services under such
Work Order with reaso nable care and skill. If Licensee
notifies lnfor within the warranty period of a breach of the
foregoing warranty, lnfor will re-perform such Services in
compliance with the forego ing warranty. If despite its
reasonable efforts , lnfor is unable to provide Licensee with
Services in compliance with the foreg oing warranty, then,
subject to the limitations set forth in Section 12 of this
Services Agreement, Licensee may pursue its remedy at law
to recover direct damages resulting fro m the breach of this
limited warranty. These remedies are exclusive and are in
lieu of all other remedies, and lnfor's sole obligations for
breach of this limited warranty are contained in this Section
4(a).
(b) Discl aimer of Warranty. The limited warranty in
Section 4(a) is made to Licensee exclusively and is in lieu of
all other warranties. INFOR MAKES NO OTHER
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
WITH REGARD TO ANY SERVICES PROVIDED UNDER
THIS SERVICES AGREEMENT AND/OR ANY WORK
ORDER, IN WHOLE OR IN PART. INFOR EXPLICITLY
DISCLAIMS ALL WARRANTIES OF NON
INFRINGEMENT, MERCHANTABILITY AND OF FITNESS
FOR A PARTICULAR PURPOSE. INFOR EXPRESSLY
DOES NOT WARRANT THAT THE SERVICES WILL
MEET LICENSEE'S REQUIREMENTS.
(c) FAILURE OF ESSENTIAL PURPOSE. THE
PARTIES HAVE AGREED THAT THE LIMITATIONS
SPECIFIED IN SECTIONS 4 AND 12 WILL SURVIVE AND
AP PLY EVEN IF ANY REMEDY SPECIFIED IN THIS
SERVICES AGREEMENT IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF
WHETHER LICENSEE HAS ACCEPTED ANY SERVICE
UNDER THIS SERVICES AGREEMENT.
5. Confidential Information. Except as otherwise
perm itted under this Services Agreement, the Reci pient will
not disclose to any third party, or make any use of the
Discloser's Confidential Inform ation. The Recipient will use
at least the same standard of care to maintain the
confidential ity of the Discloser's Confidential Inform ation that
it uses to maintain the confidentiality of its own Confidential
Information, but in no event less than reasonable care.
Except in connection with the Licensed Software and any
software provided with the Licensed Softwa re, the non
disclosure and non-use obligations of this Services
Agreement will remain in full force with respect to each item
of Confidential Information for a period of ten (10) years after
Recipient's receipt of that item. However, Licensee's
obligations to maintain both the Licensed Software and any
software provided with the Licensed Software as confidential
will survive in perpetuity. Notwithstanding the foreg oing, this
Section is not intended to prevent a Recipient from using
Res idual Knowledge, subject to any Intellectual Property
Rights of the Discloser.
6. Term and Termi nation.
(a) Right of Termination. If either party materially
breaches any material obligation in this Services Agreement
or a Work Order (including, without limitation, any obligation
to pay fees), and fails to remedy such breach (if such breach
can be remed ied} with in thirty (30) days of receipt of written
notice of such breach, the other party may terminate this
Services Agreement (including all Work Orders hereunder).
Notwithsta nding the foregoing, to the extent such material
breach cannot be remedied through efforts of the breach ing
party, the other party has the right to terminate this Services
Agreement (including all Work Ord ers hereunder) on less
than th irty days' written notice. Notice to lnfor of an alleged
breach of warranty wi ll not constitute a notice of termination
of this Agreement.
(b) Effect of Termination. Upon termination of this
Services Agreement by either party, lnfor will disconti nue the
provi sion of all Services and Licensee will promptly pay lnfor
for all Services rendered through the effect ive date of such
term ination. Term ination of this Services Agreement wi ll not
release either party from making payments which may be
owi ng to the other party under the terms of this Services
Agreement for all Services rendered through the effect ive
date of such termination.
(c) Survival of Obligatio ns . All obligations relating to non
use and non-disclosure of Confidential Informatio n, limitation
of liability, and such other terms which by their nature survive
termination, will survive termination of this Services
Agreement.
(d) Termination Without Preju dice to Other Rights and
Remedies. Termination of this Services Agreement will be
without prejudice to the term inating party's other rights and
remedies pursuant to this Services Agreement.
7. Notices. All notices and other commun ications
req uired or perm itted under this Services Agreement or
req uired by law must be in writing and will be deemed given
wh en: delivered personally; sent by registered or certified
mail, return receipt requested; transm itted by facsimile
confirmed by first class mail; or sent by overnight courier.
Notices must be sent to a party at its add ress shown on the
signature page of this Services Agreement, or to such other
pl ace as the party may subsequently designate for its receipt
of notices in accordance with this Section. Licensee must
promptly send copies of any notice of material breach and/or
termination of this Services Agreement to lnfor, Att ention:
General Counsel, 40 General Warren Blvd Suite # 110,
Malvern, PA 19355, USA, FAX number 678-31 9-8949, or to
such other place as lnfor may subsequently designate for its
receipt of notices.
8. Force Majeure. Except with respect to the payment of
fees under this Services Agreement or a Work Order, neither
party will be liable to the other for any failure or delay in
performance under this Services Agreement due to
circu mstances beyond its reasonable control, including Acts
of God, acts of war, terrorist acts, natural disasters, accident,
labor disruption, acts, om issions and defaults of third parties
and official, governmental and judicial action not the fault of
the party fa iling or delaying in performance, or the th reat of
any of the foreg oing .
9. Assignment. Licensee may not assign or transfer any
of its rights or obligations under this Services Agreement,
whether by law or otherwise, and any attempt at such
assignment wi ll be void without the prior written consent of
lnfor. For purposes of this Services Agreement,
36
"assignment" shall include use of the Licensed Software for
benefit of any third party to a merger, acquisition and/or other
consolidation by, with, or of Licensee, including any new or
surviving entity that results from such merger, acquisition
and/or other conso lidation.
10. No Waiver. A party's fa ilure to enforce its rig hts with
respect to any single or continuing breach of this Services
Agreement will not act as a waiver of the right of that party
to later enforce any such rights or to enforce any other or
any subsequent breach .
11. Choice of Law; Severabilltv. This Services
Agreement will be governed by and construed under the
laws of the State of New York, as applicable to ag reements
executed and wholly performed therei n, but without regard
to the choice of law provisions thereof. This Services
Agreement is originally written in the English lang uage and
the English language version shall control over any
translations. If any provi sion of this Services Agreement is
illegal or unenforcea ble, it wi ll be deemed stricken from the
Services Agreement and the remaining provisions of the
Services Agreement will remain in full force and effe ct. The
United Nations Convention on the International Sale of
Goods (CISG) shall not apply to the interpretation or
enforcement of this Agreement.
12. LIMITATIONS OF LIABILITY.
(a) LIM ITED LIABILITY OF INFOR. THE TOTAL
LIABI LITY OF INFOR, ITS AFFI LIATES AND
CONTRACTORS IN CONNECTION WITH THE
SERVICES, OR ANY OTH ER MATTER RELATING TO
THIS SERVICES AGREEMENT (WHATEVER THE BASIS
FOR THE CAUSE OF ACTION) SHALL NOT EXCEED
1.5X THE FEE THAT LICENSEE ACTUALLY PAID TO
INFOR FOR THE SERVICES GIVING RISE TO THE
LIABILITY UNDER THE APPLICABLE WORK ORDER.
(b) EXCLUSION OF DAMAGES. IN NO EVENT
SHALL INFOR, ITS AFFILIATES OR CONTRACTORS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE,
INDIRECT OR CONSEQUENTIAL DAMAGES OR
DAMAGES FOR LOST PROFITS, WHETHER BASED ON
BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE,
AND REGARDLESS OF WHETHER INFOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Compl iance With Laws. Licensee will comply with all
laws, rules and regulations applicable to the use of the
Services and the Work Product.
14. Non-Solicitation of Employees. During the period
that lnfor is provi ding Services pursuant to this Services
Agreement and for a period of one (1) year following the
completion of such Services, neither lnfor nor Licensee will
offer to hire, hire, Solicit for em ployment or rete ntion as an
independent contractor, or in any way employ any Resource
of the other party without the prior written consent of the
other party. "Solicit" as used in this Section does not include
general solicitations, such as advertisements in
newspapers, trade publications or on the internet.
"Resource" for purposes of this Section means: (a)
em ployees or independent contractors of the non-hiring
party who directly worked on the Services project (the
"Project"), and (b) fo rmer employees of the non-hiring party
who directly worked on the Project and whose employment
with that party ended less than six (6) months prior to the
date of such offer to hire, hire, Solicitation, or employment.
15. Entire Agreement. This Services Agreement
contains the entire understanding of the parties with respect
to its subject matter, and supersedes and extingu ishes all
prior oral and written communications between the parties
about its subject matter. Any purchase order or similar
document, which may be issued by Licensee in connection
with this Services Agreement does not modify this Services
Agreement. No modification of this Services Agreement will
be effective un less it is in writi ng , is signed by each party,
and expressly provides that it amends this Services
Agreement. This Services Agreement and any signed
agreement or instrument entered into in connection herewith
or contemplated hereby, and any amendments hereto or
thereto, to the extent signed and del ivered by means of
digital imaging, electronic mail or a facsimile machine, shall
be treated in all manner and respects as an orig inal
agreement or instrument and shall be considered to have the
same binding legal effect as if it were the original signed
version thereof delivered in person. This Services
Agreement and all Work Orders may be signed in
counterparts.
37
THE PARTI ES have executed this Services Agreement through the signatures of their respective authorized
representatives.
Effe ctive Date: --
Printed Name:
Title: Qregory M, Giangiorda no 3\/J'f> � ��n...:t I C��nsel f
Pri nted Name: Joh "l:.""VV\ f < �
Title: �,r oj e,-e,,� tv\O\l'\A.j-tA'"
Address:
Ad dress:
Signature Date: C)
Ad dress: '5� l W. J�(.t.-n �..u
� Address: �-f.R.,(VlD 1 lf>I q�,() C.
E1) l "'-Sign ature Date: \ D \ q \ \8
38
EXH IBIT S
INSURANCE REQU IREMENTS
Service Agree ment between City of Fresno (City)
and lnfor (US), Inc. (lnfor)
lnfor Enterprise Asset Ma nagement (EAM) Implementation Service
MINIMUM SCO PE 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 writte n on an occurr ence 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, 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 operatio ns. The Automobile Policy shall be written on an occurre nce 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 of ficers, officials, employe es, agents, and volu nteers are to be listed as additional insureds.
3. Wor kers' Compe nsation insurance as required by the State of California and Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE lnfor, or any party lnfor subcontracts with , shall maintain limits of liability of not less than those set forth below. However, insurance limits available to City, its offic ers, of ficials, 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.
2.
COMMERCIAL GENERAL LIABILITY:
(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.
COMMERCIAL Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
OR*
PERSO NAL AUTOMOBILE LIABILITY insurance with limits of liability not less than: (i) (ii) (iii)
$1 00,000 per person ; $300,000 per accident for bodily injury; and, $50,000 per accident for property damage.
Page 1 of 4
3. Workers' Compensation Ins urance as re quired by the State of Californ ia with
statutory limits.
4. Employer's Liability:
(i) $1 ,000,000 each accident for bodily injury;
(ii) $1 ,000,000 disease each em ployee; and,
(iii) $1 ,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event lnfor 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,
em ployees, agents, and volu nteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
lnfor shall be responsible for payment of any deductibles conta ined in any insurance policy(ies)
req uired herein and lnfor shall also be responsible for payment of any self-insured retentions.
Any deductibles or self-insured rete ntions must be declared 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
desig nee, either:
(i) The insurer shall reduce or eliminate such ded ucti bles or self-insured rete ntions
as respects City, its offi cers, offic ials, employees, agents , and volu nteers; or
(ii) lnfor shall provide a fi nancial guarantee, satisfactory to City's Risk Manager or
desig nee, guaranteeing payment of losses and related investi gations, claim
administration and defense expenses. At no time shall City be respon sible for the
payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability in surance policies are to contain, or be endorsed
to contain, the followi ng prov isions:
1. City, its officers, off icials, employees, agents, and vo lunteers are to be covered as
additional insureds. lnfor shall establish additio nal insured status for the City and
for all ongoing and com pleted operations.
2. The coverage shall contain no special lim itations on the scope of protection
afford ed to City, its officers, officials, employees, agents, and vo lunteers. Any
ava ilable 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 Ag reement, lnfor's insurance coverage sha ll be
primary insurance with respect to the City, its officers, officia ls, employees, agents,
and vo lunteers. Any insurance or self-i nsurance maintained by the City, its
officers, officials, employees, agents, and vo lunteers shall be excess of lnfor's
insurance and shall not contribute with it. lnfor shall esta blish primary and non
contributory status by either policy language or through an endorsement..
The Wo rkers' Compensation in surance policy is to conta in, or be endorsed to contain, the
fo llowing provision: lnfo r and its insurer shall waive any right of su brogation against City, its
officers, officials, employees, agents, and vo lunteers .
Page 2 of 4
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 (3 0) calendar days
written notice by certified mail, return receipt requested, has been given to City. lnfor 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, lnfor 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, lnfor 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
lnfor shall furnish City with all certificate(s) and applicable endorsements 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, lnfor shall
immediately furnish City with a copy of any Certificate of Insurance and applicable endorsements
required under this Agreement., This requirement shall survive expiration or termination of this
Agreement.
Page 3 of 4
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
lnfor Enterprise Asset Manage ment (EAM) Implementation Service
YES*
1 Are you currently in litigation with the City of Fresno or any of its D a ents?
2 Do you represent any firm, organization, or person who is in litigation D with the Ci of Fresno?
3 Do you currently represent or perform work for any clients who do 123 business with the Ci of Fresno?
4 Are you or any of your principals, managers or professionals, owners
or investors In a business which does business with the City of D Fresno, or in a business which is in lltlgatlon with the City of Fresno?
5 Are you or any of your principals, managers, or profess ionals,
related by blood or marriage to any City of Fresno employee who D has an si nificanl role in the sub·ect matter of this service?
6 Do you or any of your su bcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with D this Pro·ect?
Expla nation:-----------
Company
Address
O Additional page(s) attached.
City, State Zip
Page 4 of 4
NO
1 I I
I l
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00450 Agenda Date:4/9/2020 Agenda #:1-P
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:MICHAEL CARBAJAL, Director
Department of Public Utilities
THROUGH:BRIAN S. SPINDOR, PEWA, Assistant Director
Department of Public Utilities
BY:MATTHEW L. BULLIS, Professional Engineer
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Approve Professional Consultant Services Agreement with Akel Engineering Group,Inc.,in the
amount not to exceed $239,950,to develop a Wastewater Collection System Renewal and
Replacement Plan (Citywide)
RECOMMENDATIONS
Staff recommends that City Council approve a Professional Consultant Services Agreement with Akel
Engineering Group,Inc.,(Akel)in the amount not to exceed $239,950,including a contingency of
$20,000,to develop a Wastewater Collection System Renewal and Replacement Plan (Project),and
authorize the Director of Public Utilities,or designee,to sign all documents on behalf of the City of
Fresno (City).
EXECUTIVE SUMMARY
Under the proposed Consultant Services Agreement,Akel will develop a Renewal and Replacement
Plan for the City’s Wastewater Collection System.The purpose of the Project is to identify and
prioritize renewal and replacement strategies of the City’s aging gravity sewer infrastructure using a
risk-based approach in managing sewer assets,which has become the standard in the wastewater
industry.Following a competitive process,Akel was selected as the most qualified consultant with
the expertise to meet the City’s needs for this Project.
BACKGROUND
The City has a sewer collection service area that covers nearly 114 square miles and serves
approximately 542,000 residential customers as well as commercial and industrial accounts through
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approximately 542,000 residential customers as well as commercial and industrial accounts through
a network of approximately 1,600 miles of pipeline,24,390 manholes and 15 sewer lift stations.The
Fresno/Clovis Regional Wastewater Reclamation Facility treats over 57-million gallons of wastewater
daily.The purpose of the Project is to define a sustainable strategy for managing aging gravity sewer
infrastructure using a risk-based approach to managing sewer assets.The Project provides a
strategic and actionable path forward to implement continuous improvement in the wastewater
collection system,documents condition assessment,renewal business decision logic,results and
forecasts.
The Renewal and Replacement Plan develops a risk-based approach to the operations,
maintenance,and capital improvement program of sewer pipelines serving the City of Fresno and,in
some part,the City of Clovis.The Renewal and Replacement Plan will utilize 20 years of
maintenance history,pipeline condition assessment data,industry standard failure rates,and failure
consequence information to develop a risk profile of the wastewater collection system.With the risk
profile the City of Fresno will direct resources toward assets needing enhanced surveillance,targeted
maintenance,or identifying assets for replacement away from assets needing less surveillance,
reduced maintenance,or are in good condition;effectively optimizing the operation,maintenance,
and replacement of the wastewater collection system.The Renewal and Replacement Plan will also
develop a 30-year outlook period for capital replacement that will help the City of Fresno manage
rates more closely.
In accordance with Fresno Municipal Code Chapter 4,Article 1,and Administrative Order 6-19,the
Department of Public Utilities conducted a competitive process to select a consultant to provide a
Wastewater Collection System Renewal and Replacement Plan to meet current needs and future
planning.On November 8,2019,a Request for Qualifications (RFQ)was advertised in the Fresno
Business Journal and on the City’s online Planet-Bids.The RFQ requested that consultants provide
a Statement of Qualifications (SOQ)by December 4,2019.In response to the City’s solicitation,the
City received two responses to the SOQ.Akel was selected as the most qualified consultant with the
expertise to meet the City’s needs for this Project.
The services required by this agreement will be completed in approximately 395 consecutive
calendar days from the authorization to proceed.The contract is for an amount not to exceed
$219,950, with a $20,000 contingency, for a total contract amount of $239,950.
A standardized Consultant Service Agreement has been used in accordance with Administrative
Order 4-4,and the consultant’s Certificates of Insurance have been approved by the City’s Risk
Management Division.Upon approval by the City Council,the agreement will be executed by the
Director of Public Utilities.
ENVIRONMENTAL FINDINGS
The approval of the Agreement is not a “project”for the purposes of the California Environmental
Quality Act (CEQA), pursuant to CEQA guidelines Section 15378.
LOCAL PREFERENCE
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Local Preference was not implemented as Akel,is a local business pursuant to Fresno Municipal
Code Section 4-109(b).
FISCAL IMPACT
There is no impact to the General Fund.This Project is identified in the Fiscal Year 2020 Wastewater
Enterprise Fund 40501.
Attachment:
Consultant Services Agreement
City of Fresno Printed on 12/12/2022Page 3 of 3
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00400 Agenda Date:4/9/2020 Agenda #:1-Q
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:WILMA QUAN, City Manager
Office of the Mayor & City Manager
BY:JANE SUMPTER, Assistant City Manager
Office of the Mayor & City Manager
COURTNEY ESPINOZA, Program Implementation Manager
Office of the Mayor & City Manager
SUBJECT
Approve Agreement with Destiny Nicole Thomas,DBA Thrivance Project,LLC for implementation of
the Transformative Climate Communities (TCC)grant Transform Fresno Displacement Avoidance
Plan within the Transform Fresno Project Area in the amount of $81,000.
RECOMMENDATION
Staff recommends that Council approve an agreement with Destiny Nicole Thomas,DBA Thrivance
Project,LLC for implementation of the Transform Fresno Displacement Avoidance Plan within the
Transform Fresno Project Area in the amount of $81,000;and authorize the City Manager or
designee to execute all documents related to this agreement.
EXECUTIVE SUMMARY
On February 28,2019,the City Council approved the Master Grant Agreement (MGA)with the
Strategic Growth Council (SGC)accepting $66,500,000 from the State of California’s TCC Grant
Program to fund the development and implementation of neighborhood-level coordinated greenhouse
gas emissions reduction projects that provide local economic,environmental and health benefits to
disadvantaged communities.Transform Fresno projects include coordination with several Partners to
deliver a variety of California Climate Investment projects such as urban greening,active
transportation,housing,low income weatherization,and food waste prevention and rescue in the
Downtown,Chinatown,and Southwest Fresno communities.The California Department of
Conservation,in connection with TCC funding,awarded the City of Fresno (City)$133,333 through a
Technical Assistance grant approved by City Council on January 16,2020.This grant will provide
funding to implement components of the Transform Fresno Displacement Avoidance Plan including
this consultant services agreement in the amount of $81,000 that was developed through a
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File #:ID 20-00400 Agenda Date:4/9/2020 Agenda #:1-Q
this consultant services agreement in the amount of $81,000 that was developed through a
community process and approved by SGC in October 2019.
BACKGROUND
The TCC Grant Program was established by Assembly Bill (AB)2722 and is administered by the
SGC using Cap-and-Trade funds for the development and implementation of neighborhood-level
transformative climate community plans that include multiple,coordinated greenhouse gas emissions
reduction projects that provide local economic,environmental,and health benefits to disadvantaged
communities.The TCC Grant Program takes a place-based approach that commits applicants to the
achievement of economic,environmental,and public health benefits in a specific community through
the deployment of integrated climate strategies that combine greenhouse gas reduction activities to
achieve multiple community benefits and drive innovation.
The Transform Fresno Plan was created by a participatory steering committee comprised of
community stakeholders from the Chinatown,Downtown and Southwest Fresno neighborhoods
(Project Area)and the projects were voted on by a 165 person Community Steering Committee.On
February 28,2019,the City Council unanimously approved the MGA which binds the City and SGC
for the next five years to complete all projects outlined in the Transform Fresno Plan.
To aid in the implementation process,the Department of Conservation through SGC awarded the
City a Technical Assistance grant totaling $133,333 to complete components of the Displacement
Avoidance Plan as outline in the Scope of Work in the Grant Agreement.Activities will consist of
hiring a consultant to conduct data collection,analysis and research regarding displacement
vulnerabilities in the Transform Fresno Project Area.There will be significant contact with the
community to collect this information and present the findings.
This consultant contract was put out to bid as required by the City’s procurement process,providing
potential contractors the opportunity to present proposals.Two proposals were received.A Selection
Committee was created,comprised of representatives from the Anti-Displacement Task Force,
Transform Fresno Outreach and Oversight Committee and City staff.The selection committee met to
discuss and review the proposals on February 19,2020.The committee members evaluated the
proposals on the ability to meet the stated service requirements,costs associated with providing
services,past performance and experience,conformance to the terms and conditions of the Request
For Qualifications (RFQ),and other related information provided by the proposers.One proposer was
disqualified due to their inflated cost proposal.The Committee interviewed the remaining proposer
and unanimously affirmed Destiny Nicole Thomas,DBA Thrivance Project,LLC as a qualified vendor
presenting the highest value with the experience needed for this endeavor.
ENVIRONMENTAL FINDINGS
This is not a “project”for the purposes of CEQA,pursuant to CEQA Guidelines Section 15378.This
approval is for execution of a consultant agreement related to the Transform Fresno Displacement
Avoidance Plan.
LOCAL PREFERENCE
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Local preference was not considered neither proposer was a local vendor.
FISCAL IMPACT
There is no negative impact to the General Fund.The Technical Assistance grant is a reimbursement
based grant and disbursements will be made on a bi-monthly basis.
Attachment:
1.Consultant Services Agreement
City of Fresno Printed on 12/12/2022Page 3 of 3
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00401 Agenda Date:4/9/2020 Agenda #:1-R
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
Approve a consultant services agreement with Landry Consulting LLC to provide consulting services
related to developing the Fresno Yosemite International Airport’s Safety Management System
program in an amount not to exceed $99,970 (Council District 4).
RECOMMENDATION
Staff recommends Council authorize the Director of Aviation to execute a consulting agreement
(Agreement)with Landry Consulting LLC (Landry)to provide professional consulting services related
to the development of Fresno Yosemite International Airport’s (FAT)Safety Management System
program in an amount not to exceed $99,970.
EXECUTIVE SUMMARY
The Federal Aviation Administration (FAA)has provided a Notice of Proposed Rulemaking stating
that all US Airports with commercial passenger service will need an Airport Safety Management
System (SMS),which emphasizes safety management as a holistic and fundamental business
process that is tied to decision making,management capabilities,risk controls,knowledge sharing,
and promotes a culture of safety.
SMS is a new FAA requirement.The initial steps in the SMS process,which Landry will assist the
Airport with,include development of an SMS plan for review and approval by the FAA,training,
implementation and monitoring.Once the SMS program is established,Airports will integrate and
manage it internally.This effort proactively keeps FAT ahead of the regulatory curve and is timely as
the airport embarks on its major expansion program,FATforward.The term of the Agreement is
through December 31, 2023.
BACKGROUND
Consulting support services are utilized in the airport industry in the development of complex
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Consulting support services are utilized in the airport industry in the development of complex
programs,including an organization-wide Airports SMS.Services provided include gap analysis,
overall safety assessment,program development,implementation,and ensuring all FAA guidance
are met.For the initial scope of work,Landry will provide guidance on strategic planning,
implementation planning, program integration, and skills development and delivery.
The FAA has progressively mandated SMS in the aviation industry,including themselves and the
airlines.With the Notice of Proposed Rulemaking (FAA Order 5200.11),all airports with commercial
passenger service will have 18 months to implement their SMS following the federal Register
publication,which is pending.Although SMS rulemaking is relatively new,there have been several
FAA sponsored pilot studies conducted at major airports within the United States since 2007.Landry
has been part of that pilot program and Airports will be able to draw on their experience,expertise
and lessons learned. As the program progresses, additional work effort may be necessary.
Through a competitive Request for Qualifications (RFQ)process,Airports solicited Statements of
Qualification from consulting services firms with the capability and experience necessary to provide
guidance on the development and implementation of an Aviation based SMS.Airports advertised the
RFQ in The Business Journal on October 17,2019,with national airport trade organizations,and on
the airport’s website.Two professional consulting firms responded to the RFQ.Their qualifications
were evaluated and rated by a committee of five in accordance with the provisions of the RFQ and
FAA regulations.Landry Consulting LLC,a certified Disadvantaged Business Enterprise and
California Unified Certification Program registered business,based in Vancouver,Washington,was
determined to be most qualified to perform the scope of services in support of successfully
implementing an SMS.
The Agreement utilizes Standard Document #FYI-S-18.0,pre-approved as to form by the City
Attorney’s Office and used without modification as certified by Airports staff.
ENVIRONMENTAL FINDINGS
This item is not a “project” as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
The City’s Local Preference Ordinance (FMC 4-108)does not apply since federal funding is being
used.
FISCAL IMPACT
Funding for this Agreement is included in the Airports FY 2020 adopted budget and will be
programmed in future Airport budgets.There is no impact to the General Fund or Ratepayers of the
City of Fresno from this action.
Attachments:
-Landry Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00402 Agenda Date:4/9/2020 Agenda #:1-S
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:TJ MILLER, Director
Parks, After School, Recreation, and Community Services Department
BY:KRISTINA CHAMBERLIN, Assistant Director
Parks, After School, Recreation, and Community Services Department
SUBJECT
Approve 3-year contract for “on demand service”logging activities at Camp Fresno/Camp Fresno Jr
with cost varied by tree size and method of removal between $420 and $1350 per tree.
RECOMMENDATION
Staff recommends Council award a 3-year contract to Fleming &Sons,LLC for “on demand service”
for logging activities at Camp Fresno and Camp Fresno Jr.
EXECUTIVE SUMMARY
Each year,the United States Forestry Department conducts an onsite visit to Camp Fresno to identify
and mark hazard trees required for removal.Typically,the assessment is conducted preseason in
April with the expectation that trees are removed prior to opening the Camps to the public.
Unless weather prohibits,the Camps are opened Memorial Day weekend.This provides a very short
time period to address the removal of trees.The actual number of trees required to be removed is not
known until the assessment is conducted.As such,predetermining the cost on an annual basis is
difficult and may not fall within the informal purchasing parameters.Therefore,approving a contract
for “on demand”tree service is essential with meeting the tree removal requirement and limited
timeframe.Dependent on the size of the tree and the required method for actual removal,cost per
tree will range between $420 and $1350 (details on cost per tree removal can be found in Exhibit D -
fee Schedule Per Tree Cost of the attached contract agreement).
BACKGROUND
Camp Fresno and Camp Fresno Jr.have been a part of the City of Fresno PARCS’operations since
1926 and 1957 respectively.During the majority of this time,a contracted Concessionaire has
operated the Camps.Prior to the drought,and bark beetle infestation,fewer than 15 trees average,
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operated the Camps.Prior to the drought,and bark beetle infestation,fewer than 15 trees average,
required removal annually because of hazardous conditions of individual trees.However,over the
past decade, we estimate hundreds of trees required removal.
In 2019,the City PARCS department assumed direct operational responsibility of the Camps and
was required to remove approximately 125 trees -most had been previously marked for removal and
we estimate that less than 20 were newly marked for the current season.While it is difficult to be
certain of the actual number of trees requiring removal each year,staff projects that the number will
average around 50 trees in need of removal per year.
An RFQ was solicited and the City received two responses.Both providers met the general
qualifications.Fleming &Sons,LLC has provided service to the City of Fresno,with specific work at
Camp Fresno during the summer of 2019.Staff has met with Fleming &Sons,LLC to refine the
scope of work and makes the recommendation to award the contract to Fleming & Sons, LLC.
The proposed contract proposes to remove dead and dying trees in conformance with the
Emergency Order proclaimed by the Governor relating to the epidemic of dead trees and as
mandated by the US Forestry Department.Removal of trees will reduce risk of wildfire and risk of
damage to persons or property.
ENVIRONMENTAL FINDINGS
The proposed project has Categorical Exemption pursuant to Section 15304 (i)of the California
Environmental Quality Act.Class 4 consists of minor public or private alteration 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,such as fuel management activities within 30 feet of structures to
reduce the volume of flammable vegetation,provided that the activities will not result in the taking of
endangered,rare,or threatened plant or animal species or significant erosion and sedimentation of
surface waters.This exemption shall apply to fuel management activities within 100 feet of a
structure if the public agency having fire protection responsibility for the area has determined that 100
feet of fuel clearance is required due to extra hazardous fire conditions.
This exception applies in this situation because the US Forestry Department mandates the City to
remove trees that Forestry staff mark as hazardous and in compliance with Emergency Order
proclaimed by the Governor relating to the epidemic of dead trees and as mandated by the US
Forestry Department.The trees marked as hazardous are within 100 feet of structures at Camp
Fresno.
LOCAL PREFERENCE
Local preference is not considered as none of the respondents are based in Fresno.
FISCAL IMPACT
The fiscal impact will vary based upon the size and number of trees identified by the Forestry
Department and funded through general fund annual budget allocation.Dependent on the size of the
tree and the required method for actual removal,cost per tree will range between $420 and $1350
(details on cost per tree can be found in Exhibit D -Fee Schedule Per Tree Cost of the attachedCity of Fresno Printed on 12/12/2022Page 2 of 3
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File #:ID 20-00402 Agenda Date:4/9/2020 Agenda #:1-S
(details on cost per tree can be found in Exhibit D -Fee Schedule Per Tree Cost of the attached
contract agreement).
However,staff recently applied for grant funding through the State Department of Forestry and Fire
Prevention’s California Climate Investment Fire Prevention grant program.If successful,the grant will
cover the direct cost of the related expenses.
Attachment:
Consultant Services Agreement Fleming & Sons LLC
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00426 Agenda Date:4/9/2020 Agenda #:1-T
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:GREGORY A. BARFIELD, Director
Department of Transportation
BY:BRIAN BARR, Assistant Director
Department of Transportation
DUANE MYERS, Fleet Manager
Department of Transportation/Municipal Fleet Division
CLIFF TRAUGH, Senior Management Analyst
Department of Transportation/Municipal Fleet Division
SUBJECT
Approve the award of a purchase contract to Swanson Fahrney Ford of Selma, California, for the
purchase of 33 Ford vehicles for Department of Public Utilities, Department of Public Works,
Department of Transportation, and Parks Department in the amount of $961,828 (Bid File 3752)
RECOMMENDATION
Staff recommends Council approve the award of a purchase contract to Swanson Fahrney Ford of
Selma, California, for the purchase of 33 Ford vehicles in the amount of $961,828.
EXECUTIVE SUMMARY
The Department of Public Works (DPW),Department of Public Utilities (DPU),Department of
Transportation (DOT),and the Parks Department (PARCS)are requesting approval to purchase 33
Ford vehicles to replace and grow their respective fleets.These units will be utilized as service
trucks,passenger vans,and pickups for transport to jobsites.Of the 33 total vehicles,DPW is
requesting 9 trucks,DPU is requesting 21 vehicles,DOT is requesting 2 vehicles,and PARCS is
requesting 1 passenger van.Of the requested units,27 will serve as replacements and 6 will be used
to meet the needs of growing staff and projects.The 33 Ford vehicles will be purchased through a
competitive bidding procurement process and will be funded by the adopted FY2020 budget.
BACKGROUND
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In an effort to save both time and resources the DOT,Municipal Fleet Division has combined its light
equipment needs for the fiscal year into one procurement project.This strategy has yielded an
agreement that is under budget with a savings of approximately $87,000 and has saved
administrative resources through multiple departments.DPW,DPU,DOT,and PARCS will utilize this
contract to purchase both replacement and additional vehicles to meet the needs of their operations.
DPW provides service to the residents of Fresno through the construction and maintenance of roads,
street lights,and adjacent landscaping throughout the city.To accomplish this,each division utilizes
service trucks and half-ton pickup trucks.DPW is requesting nine vehicles:two F-150 vehicles as
replacements and three as additions,one F-350 cab and chassis as a replacement and two as
additions,and one F-450 cab and chassis as a replacement.The F-150 vehicles will be utilized to
haul small tools,transport personnel to jobsites,and move equipment as needed.The F-350 cab and
chassis will be upfitted with landscaping dump bodies.The F-450 cab and chassis will be upfitted as
a service truck with a flat bed and crane to transport street construction equipment.Trucks will be
equipped to give the operator the capacity to perform tasks as efficiently as possible.
DPU provides service to the residents of Fresno through water delivery,collection of solid waste,and
the treatment of waste water.Each division utilizes vehicles to perform inspections,repair and
maintain service systems,and travel to jobsites.DPU is requesting 21 vehicles:15 F-150 vehicles,2
F-350 cab and chassis,3 F-450 cab and chassis,and 1 transit passenger van as replacements.The
F-150 vehicles will be utilized to haul small tools,transport personnel to jobsites,and move
equipment as needed.The F-350 cab and chassis will be upfitted as service trucks for the Water
Division for maintenance activities.The F-450 cab and chassis will be upfitted as flatbed transport
trucks utilized to move equipment as needed around the Waste Water Treatment Plant.The transit
passenger van will be utilized by Solid Waste to transport personnel and equipment to jobsites.
DOT provides service to the residents of Fresno through the continuous operation and maintenance
of the FAX transit system,as well as providing fleet services to departments within the City of Fresno.
The Municipal Fleet Division is requesting two vehicles:one F-350 cab and chassis and one F-550
cab and chassis as replacements.The F-350 will be utilized as a service truck for the power
generation mechanic,who operates as a mobile technician servicing the 38 emergency generators
stationed throughout the city.The F-550 will be utilized as a heavy equipment service truck,allowing
for the continuation of field service activities by the mobile mechanic staff.Both units will be upfitted
with refurbished bodies and will be equipped as needed to perform the required tasks efficiently.
PARCS provides service to the residents of Fresno through the operation and maintenance of city
parks,recreational programs,and community outreach.The requested passenger van will be used
by the Highway City Science Program to transport attendees to various field trips and activities.
Additionally,this van will be utilized by other programs within PARCS to assist with the transportation
needs of the overall department.
Competitive bids were solicited for the 33 Ford vehicles on March 4,2020,and advertised in the
Fresno Business Journal.The Notice Inviting Bids was sent to five exchanges and specifications
were distributed to six potential bidders.Two bids were received and reviewed on March 10,2020.
Swanson Fahrney Ford was determined to be the lowest responsive and responsible bidder with a
total bid price of $961,828.This price includes delivery and sales tax at 7.975 percent.The City
Attorney has reviewed and approved to form.
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File #:ID 20-00426 Agenda Date:4/9/2020 Agenda #:1-T
ENVIRONMENTAL FINDING
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378, the award of this contract does not qualify as a “project” as defined by CEQA.
LOCAL PREFERENCE
Local preference is applicable to this award,and Swanson Fahrney Ford of Selma,CA is a local
business pursuant to FMC 4-108.
FISCAL IMPACT
The funding to cover the purchase cost of the 33 Ford vehicles has been included in the FY2020
adopted budget under the operations of DPW,DPU,DOT,and PARCS.A list of funding sources with
unit quantities and total budgeted dollars is provided in Exhibit A.
Attachments:
Bid Evaluation 3752
Exhibit A Funding Sources
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Division Fund fund description Rep or Add Sum of Qty.Sum of Truck Budget
Constuction Management/Public Works 22508 MEAS C-PW ALLOCATION FLEX FUND Add 2 50,046
46503 PW CAPITAL INDIRECT COST RECOV Add 1 25,023
Fleet 50501 FLEET OPERATING Replace 2 70,851
Landscape 30509 COMMUNITY FACILITIES DIST NO 2 Add 2 73,401
Replace 3 86,746
Parcs 10101 General fund Add 1 45,598
Sewer 40501 WASTEWATER OPERATING Replace 3 113,373
Solid Waste 41001 SOLID WASTE OPERATING Replace 13 388,693
41004 RECYCLING GRANTS Replace 1 31,140
Streets 20103 Gas Tax Replace 1 48,934
Water 40101 WATER ENTERPRISE Replace 4 115,422
Grand Total 33 1,049,227
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00427 Agenda Date:4/9/2020 Agenda #:1-U
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:GREGORY A. BARFIELD, Director
Department of Transportation
BY:BRIAN BARR, Assistant Director
Department of Transportation
KRISTOPHER GREY, Projects Administrator
Department of Transportation
SUBJECT
Adopt a finding of Categorical Exemption for Environmental Assessment Number P18-01643, per
staff determination, pursuant to Section 15301/Class 1, 15302/Class 2, 15303/Class 3, 15304/Class
4, and 15311/Class 11 of the California Environmental Quality Act Guidelines for the Department of
Transportation/FAX Division Shaw-Cedar Bus Stop Upgrades Project
1.Adopt a finding of Categorical Exemption for Environmental Assessment Number P18-01643,
per staff determination, pursuant to Section 15301/Class 1, 15302/Class 2, 15303/Class 3,
15304/Class 4, and 15311/Class 11 of the California Environmental Quality Act Guidelines
2.Resolution Authorizing the Director of Transportation to request allocation and accept funding
from the California Transit Commission for the purpose of completing bus stop improvements
along and intersecting the Shaw and Cedar Avenue corridors within the City of Fresno
RECOMMENDATION
Staff recommends Council adopt a finding of Categorical Exemption for Environmental Assessment
Number P18-01643,per staff determination,pursuant to Section 15301/Class 1,15302/Class 2,
15303/Class 3,15304/Class 4,and 15311/Class 11 of the California Environmental Quality Act
(CEQA)Guidelines for the Department of Transportation/FAX Division Shaw-Cedar Bus Stop
Upgrades Project.
EXECUTIVE SUMMARY
The Department of Transportation/FAX Division Shaw-Cedar Bus Stop Upgrades project will make
improvements up to 64 bus stops located along the Shaw Avenue and Cedar Avenue high frequency
service corridor.Improvements include replacement and repairs of existing sidewalks,curbs,gutters,
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File #:ID 20-00427 Agenda Date:4/9/2020 Agenda #:1-U
service corridor.Improvements include replacement and repairs of existing sidewalks,curbs,gutters,
new bus stop shelters and amenities,and general accessibility improvements.This environmental
finding will support the FAX Division efforts to appear before the State of California Transportation
Commission to request the formal funding allocation for this project.
BACKGROUND
FAX has enhanced bus service by increasing frequencies along the following two major corridors.
·Shaw Avenue between Brawley and Cedar Avenues
·Cedar Avenue between Shaw and Jensen Avenues
In addition to the enhanced frequencies,the FAX Division seeks to add modernized passenger
amenities at up to 64 locations servicing and intersecting Routes 9 and 38 along Cedar and Shaw
Avenues.Planned passenger amenities include new bus shelters,security lighting,benches,and
trash cans.FAX will purchase these passenger amenities under a separate procurement.Council
approved a contract with an engineering consultant to design the appropriate foundations and
additional construction design drawings to support these bus stop improvements.
Funding for this project is from the State Transit and Intercity Rail and Capital Improvement Program
(TIRCP)in the amount of $3.8 million and was awarded in FY2018.FAX must appear before the
California Transit Commission (CTC)during its June meeting to formally request its allocation of
these funds in order to perform this project.As a part of the request for allocation,FAX must provide
proof of an adopted CEQA exemption that has been placed on file with the County of Fresno Hall of
Records.FAX has worked with the City of Fresno Planning and Development Department to perform
the environmental analysis, which has confirmed a finding of categorical exemption (attached).
ENVIRONMENTAL FINDING
Staff has performed a preliminary environmental assessment of this project and has determined this
project is exempt and complies with all conditions described under Section 15301/Class 1,
15302/Class 2,15303/Class 3,15304/Class 4,and 15311/Class 11 of the CEQA Guidelines.
Furthermore,none of the exceptions set forth in CEQA Guidelines Section 15300.2 applies to this
project.
LOCAL PREFERENCE
Local preference was not applied as this request is only for the adoption of the environmental
findings.
FISCAL IMPACT
This project has no fiscal impact to the General Fund.This project is funded from a combination of
State of California TIRCP, State of California Prop 1B PTMISEA, and FTA 5307 grants.
Attachment:
Environmental Assessment No. P18-01643
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Resolution
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00441 Agenda Date:4/9/2020 Agenda #:1-V
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:GREGORY A. BARFIELD, Director
Department of Transportation
BY:BELINDA MCMILLAN HAENER, Administrative Manager
Department of Transportation/Administration Division
LINDA TAYLOR, Senior Management Analyst
Department of Transportation
SUBJECT
***RESOLUTION - Authorizing submission of funding requests to the Low Carbon Transit Operations
Program for bus service operating support, installation of solar lighting at bus stops, and the planning
and design of accessibility improvements to ADA bus stops, execution of grant award documents if
awarded, and execution of related Certifications and Assurances and Authorized Agent Forms
(Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends Council approve a resolution authorizing the Director of Transportation or
designee to submit a 2019-20 Low Carbon Transit Operations Program (LCTOP)funding requests to
the California Department of Transportation (Caltrans)to fund three projects:(1)operating support for
upcoming service changes;(2)the installation of solar lighting at bus stops;and (3)the planning and
design of ADA bus stop accessibility improvements.Additionally,staff recommends the Director of
Transportation or designee execute and file all necessary funding documents on behalf of the City
and execute the required Certifications and Assurances and Authorized Agent Forms.
EXECUTIVE SUMMARY
In 2015,Council approved a continuing authorizing resolution to enable the department to apply for
and receive LCTOP funding each year.Caltrans is now requesting the department provide a new
resolution each year that specifies the projects to be funded with that year funding allocation.The
attached resolution includes both the authorization to execute funding agreements and specifies the
projects to be funded.
In previous years of this program,the department utilized LCTOP funding for tripper service and for
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In previous years of this program,the department utilized LCTOP funding for tripper service and for
the first,second,and third years of service for the Increased Frequency Weekend Service and for the
Extended Night Service,as well as to purchase and install real-time bus stop displays.As there is a
three-year funding limit for new services,this year the LCTOP funding will be used to provide the first
year of support for upcoming service changes,as well as the installation of solar lighting at bus stops
and the planning and design of ADA bus stop accessibility improvements.The Increased Frequency
Weekend and Extended Night Services will now continue as part of the regular FAX operating
budget.
BACKGROUND
Senate Bill 862 (2014)included the LCTOP to fund transit-specific projects in California to serve
disadvantaged communities (DACs)and improve air quality.The legislation named Caltrans as the
administrative agency for LCTOP and defined project sponsors (eligible recipients)that may receive
the funding,which includes the City of Fresno Department of Transportation/FAX Division.The
statutes related to state-funded transit projects require an implementing agency to abide by various
regulations,and Caltrans has developed guidelines for the purpose of administering and distributing
LCTOP funds to local agencies.
The program requires recipient agencies to provide a resolution from their governing body each year
to approve the projects.In 2015,Council provided this approval through a continuing authorizing
resolution.LCTOP funding received in prior cycles is currently funding the third and final year of
service for both the Increased Frequency Weekend Service and the Extended Night Service.This
resolution is to approve applications/funding for the first year of planned service changes and for the
installation of solar bus stop lighting and planning/design of ADA bus stop accessibility
improvements.
ENVIRONMENTAL FINDING
Staff has determined that these projects fall under Class 1 categorical exemption for CEQA because
they consist of ongoing operations and minor alterations to existing structures,involving no
expansion of use,in the form of the installation of solar lighting at existing bus stops.Furthermore,
staff has determined none of the exceptions to categorical exemptions set forth in the CEQA
guidelines apply to this project.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
There is no fiscal impact to the General Fund from this request.LCTOP grant projects are expected
to be funded 100 percent through LCTOP revenues.
Attachments:
Resolution
Certifications and Assurances
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FY 2019-2020 LCTOP
Authorized Agent
AS THE Click here to enter text.
(Chief Executive Officer/Director/President/Secretary)
OF THE Click here to enter text.
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the
named Regional Entity/Transit Operator, any actions necessary for the purpose of
obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by
the California Department of Transportation, Division of Rail and Mass
Transportation. I understand that if there is a change in the authorized agent, the
project sponsor must submit a new form. This form is required even when the
authorized agent is the executive authorit y himself. I understand the Board must
provide a resolution approving the Authorized Agent. The Board Resolution
appointing the Authorized Agent is attached.
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. Click here to enter text.
(Print Name) (Title)
(Signature)
Approved this Choose an item. day of Choose an item. , Click
FY 2019-2020 LCTOP
Certifications and Assurances
Lead Agency: Lead Agency
Project Title: Project Title
Prepared by: Prepared by
The California Department of Transportation (Caltrans) has adopted the following
Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).
As a condition of the receipt of LCTOP funds, Lead Agency must comply with these
terms and conditions.
A. General
1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal
requirements.
2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating
the representative who can submit documents on behalf of the project sponsor and a
copy of the board resolution appointing the Authorized Agent.
B. Project Administration
1. The Lead Agency certifies that required environmental documentation is complete before
requesting an allocation of LCTOP funds. The Lead Agency assures that projects
approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.
2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be
established within 30 days of receipt of LCTOP funds.
3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project,
that the project will be completed and remain in operation for its useful life.
4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry
out the project, including the safety and security aspects of that project.
5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or
negative audit findings related to the project, before receiving an allocation of funds.
6. The Lead Agency must maintain satisfactory continuing control over the use of project
equipment and facilities and will adequately maintain project equipment and facilities for
the useful life of the project.
7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved
LCTOP projects.
8. The Lead Agency must notify Caltrans of any changes to the approved project with a
Corrective Action Plan (CAP).
FY 2019-2020 LCTOP
9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to
completion. In the event the Lead Agency terminates a project prior to completion, the
Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call
verifying receipt of such notice; (2) pursuant to verification, submit a final report
indicating the reason for the termination and demonstrating the expended funds were
used on the intended purpose; (3) submit a request to reassign the funds to a new project
within 180 days of termination.
C. Reporting
1. The Lead Agency must submit the following LCTOP reports:
a. Semi-Annual Progress Reports by May 15th and November 15th each year.
b. A Close Out Report within six months of project completion.
c. The annual audit required under the Transportation Development Act (TDA), to
verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit
report must be submitted to Caltrans within six months of the close of the year
(December 31) each year in which LCTOP funds have been received or
expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines.
e. Jobs Reporting as defined by CARB Funding Guidelines.
2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that
will include reporting requirements for all State agencies that receive appropriations from
the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit
reporting information in accordance with CARB’s Funding Guidelines, including
reporting on greenhouse gas reductions and benefits to disadvantaged communities.
D. Cost Principles
1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225
(2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the
allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance
with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Every sub-recipient
receiving LCTOP funds as a contractor or sub-contractor shall comply with
FY 2019-2020 LCTOP
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
3. Any project cost for which the Lead Agency has received funds that are determined by
subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2
CFR, Part 200, are subject to repayment by the Lead Agency to the State of California
(State). All projects must reduce greenhouse gas emissions, as required under Public
Resources Code section 75230, and any project that fails to reduce greenhouse gases shall
also have its project costs submit to repayment by the Lead Agency to the State. Should
the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of
demand, or within such other period as may be agreed in writing between the Parties
hereto, the State is authorized to intercept and withhold future payments due the Lead
Agency from the State or any third-party source, including but not limited to, the State
Treasurer and the State Controller.
A. Record Retention
1. The Lead Agency agrees and will assure that its contractors and subcontractors shall
establish and maintain an accounting system and records that properly accumulate and
segregate incurred project costs and matching funds by line item for the project. The
accounting system of the Lead Agency, its contractors and all subcontractors shall
conform to Generally Accepted Accounting Principles (GAAP) and enable the
determination of incurred costs at interim points of completion. All accounting records
and other supporting papers of the Lead Agency, its contractors and subcontractors
connected with LCTOP funding shall be maintained for a minimum of three (3) years
after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding
Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit
by representatives of the State and the California State Auditor. Copies thereof will be
furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any
request made by the State or its agents. In conducting an audit of the costs claimed, the
State will rely to the maximum extent possible on any prior audit of the Lead Agency
pursuant to the provisions of federal and State law. In the absence of such an audit, any
acceptable audit work performed by the Lead Agency’s external and internal auditors
may be relied upon and used by the State when planning and conducting additional
audits.
2. For the purpose of determining compliance with Title 21, California Code of Regulations,
Section 2500 et seq., when applicable, and other matters connected with the performance
of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7,
the project sponsor, its contractors and subcontractors and the State shall each maintain
and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited
to, the costs of administering those various contracts. All of the above referenced parties
shall make such materials available at their respective offices at all reasonable times
FY 2019-2020 LCTOP
during the entire project period and for three (3) years from the date of final payment.
The State, the California State Auditor, or any duly authorized representative of the State,
shall each have access to any books, records, and documents that are pertinent to a
project for audits, examinations, excerpts, and transactions, and the Lead Agency shall
furnish copies thereof if requested.
3. The Lead Agency, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms, and other
pertinent data and records by the State Fair Employment Practices and Housing
Commission, or any other agency of the State of California designated by the State, for
the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project
sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the
completion of the LCTOP.
I certify all of these conditions will be met.
Print Authorized Agents Name. Print Authorized Agents Name.
(Print Authorized Agent) (Title)
(Signature) (Date)
FY 2019-2020 LCTOP
Allocation
Lead Agency: Lead Agency
Project Title: Project Title
Regional
Entity: Select Regional Entity
County: Select County
Lead Agency: I certify the scope, cost, schedule, and benefits as identified in the attached
Allocation Request (Request) and attachments are true and accurate and demonstrate a fully
funded operable project. I understand the Request is subject to any additional restrictions,
limitations or conditions that may be enacted by the State Legislature, including the State's
budgetary process and/or auction receipts. In the event the project cannot be completed as
originally scoped, scheduled and estimated, or the project is terminated prior to completion, Lead
Agency shall, at its own expense, ensure that the project is in a safe and operable condition for
the public. I understand this project will be monitored by the California Department of
Transportation - Division of Rail and Mass Transportation.
Authorized Agent: Authorized Agent
Title: Authorized Agent’s Title
Lead Agency: Lead Agency.
Signature:
PUC Funds Type: 99313 $ Amount of 99313 Funds
PUC Funds Type: 99314 $ Amount of 99314 Funds
Contributing Sponsor(s): The contributing sponsor is an entity that passes funds to the
Lead Agency to support a project. The contributing sponsor could be the regional entity (PUC
99313) passing their funds to a recipient agency within their region or a recipient agency (PUC
99314) passing their funds through to either a regional entity or a recipient agency within their
region. The contributing sponsor(s) must also sign and state the amount and type of LCTOP
funds (PUC Sections 99313 and 99314) they are contributing the project. Sign below or attach a
separate officially signed letter providing that information. If there is more than one contributing
sponsor, please submit additional page, or a letter from the additional Contributing Sponsors.
Authorized Agent: Authorized Agent
Title: Authorized Agent’s Title
Lead Agency: Lead Agency.
Signature:
PUC Funds Type: 99313 $ Amount of 99313 Funds
PUC Funds Type: 99314 $ Amount of 99314 Funds
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00444 Agenda Date:4/9/2020 Agenda #:1-W
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:GREGORY A. BARFIELD, Director
Department of Transportation
BY:BRIAN BARR, Assistant Director
Department of Transportation
SUBJECT
Actions related to the award of a consulting services agreement with The LeFlore Group,LLC,of
Whittier, California, in the amount of $198,500
1.Affirm the City Manager’s determination that The LeFlore Group,LLC,is uniquely qualified to
develop the Department of Transportation Zero-Emission Bus Rollout Plan as required by the
California Air Resource Board Innovative Clean Transit regulation
2.Affirm the City Manager’s determination that The LeFlore Group,LLC,is uniquely capable,as
defined by the Federal Transit Administration for sole source non-competitive procurements,to
develop the Department of Transportation Zero-Emission Bus Rollout Plan as required by the
California Air Resource Board Innovative Clean Transit regulation.
3.Award a consulting services agreement with The LeFlore Group, LLC, of Whittier, California, in
the amount of $198,500
RECOMMENDATION
Staff recommends Council affirm the City Manager’s determination that The LeFlore Group,LLC
(TLG),is uniquely qualified and uniquely capable to perform the services for the Department of
Transportation,FAX Division Zero-Emission Bus Rollout Plan and award a consulting service
agreement with TLG in the amount of $198,500 in accordance with the California Air Resource Board
(CARB) Innovative Clean Transit (ICT) regulation.
EXECUTIVE SUMMARY
The CARB adopted the ICT regulation requiring all transit agencies to transition to zero-emission bus
fleets by 2040,to meet California’s air quality and climate goals by reducing emissions from the
transportation sector.As part of the regulation,a Zero-Emission Rollout Plan must be developed,
approved by Council,and submitted to the State by July 1,2020.The Department of Transportation,
FAX Division requires technical assistance in the field of zero-emission technologies,planning,
analysis,financial forecasts,schedules,and technical expertise.FAX personnel do not have the zero
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analysis,financial forecasts,schedules,and technical expertise.FAX personnel do not have the zero
-emission experience needed to develop this plan without the assistance from industry experts who
are particularly experienced in public transportation zero-emission technologies.
BACKGROUND
The CARB is charged with protecting the public from the harmful effects of air pollution and
developing programs and actions to fight climate change.From requirements for clean cars and
fuels to adopting innovative solutions to reduce greenhouse gas emissions,California has pioneered
a range of effective approaches that have set the standard for effective air and climate programs.
Accordingly,CARB issued the ICT regulation,which targets greenhouse gas emissions in the transit
industry.Effective October 1,2019,CARB requires all transit agencies to gradually transition all bus
and paratransit vehicles to a 100%zero-emission fleet by 2040.This regulation applies to all transit
agencies that own,operate,or lease buses with a gross vehicle weight rating greater than 14,000
lbs.FAX’s 112 compressed natural gas (CNG)buses and a mix of 61 unleaded and CNG paratransit
vehicles are applicable to this regulation.
To achieve these reductions, CARB requires transit agencies comply with the following requirements:
·Submit a Zero-Emission Bus Rollout Plan,approved by Council,outlining the strategy to
transition to zero-emission technologies by 2040 by July 1, 2020.
·Beginning in year 2023, 25% of all new fixed route bus purchases must be zero-emission.
·Beginning in year 2026,50%of all new fixed route and paratransit bus purchases must be
zero-emission.
·Beginning in year 2029,100%of all new fixed route and paratransit bus purchases must be
zero-emission. Fossil fuel buses can no longer be purchased.
·Beginning in year 2040,FAX’s fleet is required to be fully transitioned to zero-emission
technologies.
Available zero-emission technologies are battery electric buses (BEB)and hydrogen fuel cell electric
buses (FCEB).This technology will require innovative solutions to maintain,fuel,or recharge buses
and train the workforce to the rapidly changing environment.In compliance with the ICT regulation,
FAX seeks a qualified consultant with unique zero-emission transit experience to develop FAX’s Zero
-Emission Bus Rollout plan.
TLG and its subconsultant,Zen Clean Energy Solutions (Zen),provide the specialized experience
necessary to understand the complexities to transition a large transit agency to a fully zero-emission
fleet.Mr.LeFlore serves as part of the steering committee for the Zero Emission Bus Resource
Alliance,a transit industry group formed by transit operators focused on the advancements of zero-
emission technologies.It is noteworthy to highlight Mr.LeFlore’s experience with FTA regulations,
guidance and expertise,which have allowed the department to navigate the complexity of state and
federal funding regulations.Mr.LeFlore also purchased the first Buy America compliant hydrogen
fuel cell bus in the United States.Zen brings over 30 years of experience in the alternative clean fuel
industry.Moreover,both TLG and Zen are members of the team that are overseeing the installation
of the largest hydrogen fuel electrolyzer in public transportation and are actively involved in creating
rollout plans for other transit agencies in California.TLG has the necessary zero-emission expertise
in the transit industry to satisfy the requirements of the ICT regulation and provide a valuable plan for
implementation by FAX.
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The Rollout Plan requires the following key elements to be included:
·Perform a route analysis to determine which bus routes can be satisfied with either BEBs or
FCEBs.Current technology for BEBs have limited range without requiring recharging,
whereas FCEB can comfortably exceed 300 miles without needing to refuel.
·Identify the technology and infrastructure needed to transition to a zero-emission fleet.
·Provide a schedule for construction of facilities and infrastructure modifications to
accommodate the zero-emission fleet.
·Provide a schedule of zero-emission and CNG bus purchases to comply with the phased
purchase regulation.
·Provide a schedule to convert the bus fleet to zero-emission by 2040.
·Provide a description on how FAX plans to deploy zero-emission buses in disadvantaged
communities.
·Provide a workforce training plan and schedule for bus operators,maintenance and repair
staff.
·Identify the estimated costs for infrastructure and zero-emission vehicles.
·Identify potential funding sources to support the plan.
Prior to July 1,2020,FAX will return to Council to request approval of the Zero-Emission Rollout
Plan.
The department recommends the City utilize pricing from the California Multiple Award Schedule
(CMAS).TLG,LLC,is a CMAS contractor and CMAS provides a cost-effective and expeditious
means of contracting products and services.The State of California establishes CMAS contracts in
accordance with Public Contract Code Sections 10290 and 12101.5.The CMAS offers a variety of
products and services at prices that have been assessed to be fair,reasonable,and competitive.
State and local government agencies are able to take advantage of these CMAS contracts.
The City Attorney’s Office has approved the contract to form.
ENVIRONMENTAL FINDING
By the definition in the California Environmental Quality Act (CEQA)Guidelines Section 15378,this
service contract does not qualify as a “project.”
LOCAL PREFERENCE
Local preference was not implemented because TLG is uniquely qualified and federal funds preclude
the use of local preference.
FISCAL IMPACT
There is no impact to the General Fund from this action.This contract is federally funded by FTA
5307 grants.
Attachments:
City of Fresno Printed on 12/12/2022Page 3 of 4
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File #:ID 20-00444 Agenda Date:4/9/2020 Agenda #:1-W
Agreement for Federal Consultant Services Over 100K
Uniquely Qualified Memo
CMAS Pricing Schedule
CMAS Contract
City of Fresno Printed on 12/12/2022Page 4 of 4
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FAX-S +100K CONSULT FED 2-15-18
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AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective April 9, 2020, by and
between the CITY OF FRESNO, a California municipal corporation (the City), and The
LeFlore Group, a Calfornia LLC., (the Consultant).
The City desires to obtain professional services and the Consultant is capable,
legally qualified and willing to furnish said services.
THE PARTIES THEREFORE AGREE as follows:
1. Scope of Services. The Consultant shall perform to the satisfaction of the
City the Scope of 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 April 9, 2021],
subject to any earlier termination in accordance with this Agreement. The services of
the Consultant as described in Exhibit A are to commence upon the City’s issuance of
a written “Notice to Proceed.” Work shall be undertaken and completed in a
professional and expeditious manner.
3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of
all services required or rendered pursuant to this Agreement shall be a total fee not to
exceed $198,500 payable on such terms and in such amounts as set forth in the
Schedule of Fees in EXHIBIT A. Such fees include all expenses incurred by the
Consultant in performance of such services.
(b) Detailed statements shall be rendered monthly and will be payable
in the normal course of City 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 the Consultant’s compensation. Any
change in the scope of services must be in compliance with all Federal Transit
Administration (FTA) procurement guidelines, and be made by written amendment to
the Agreement signed by an authorized representative for each party. The Consultant
shall not be entitled to any additional compensation if services are performed prior t o a
signed written amendment.
4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to
the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced
by a third party against the Consultant; (ii) seven calendar days prior written notice with
FAX-S +100K CONSULT FED 2-15-18
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or without cause by the City to the Consultant; (iii) the 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 services provided hereunder; or (iv) expiration of this
Agreement.
(b) Upon any termination or expiration of this Agreement, the
Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and
all of its subcontractors to cease work; and (iii) immediately return to the City any and all
unearned payments and all properties and materials in the possession of the Consultant
that are owned by the City. Subject to the terms of this Agreement, the Consultant shall
be paid compensation for services satisfactorily performed prior to the effective date of
termination. The Consultant shall not be paid for any work or services performed or
costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to
satisfactorily perform in accordance with the terms of this Agreement , the City may
withhold an amount that would otherwise be payable as an offset to, but not in excess
of, the City’s damages caused by such failure. In no event shall any payment by the
City pursuant to this Agreement constitute a waiver by the City of any breach of this
Agreement which may then exist on the part of the Consultant, nor shall such payment
impair or prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the 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 the City improperly terminated
this Agreement for default, such termination shall be deemed a termination for
convenience.
(e) The Consultant shall provide the City with adequate written
assurances of future performance, upon Director’s request, in the event the Consultant
fails to comply with any terms or conditions of this Agreement.
(f) The Consultant shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of the Consultant and without
its fault or negligence such as, acts of God or the public enemy, acts of the City in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually
severe weather, and delays of common carriers. The 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.
(g) The Consultant agrees that, notwithstanding any contrary provision
in this Agreement, any dispute arising from or relating to this Agreement (including,
without limitation, disputes based on contract, tort, equity or statute ) may, at the City’s
option, be joined and consolidated with any other dispute or disputes arising from or
relating to the services provided hereunder so that all disputes arising from or relating to
FAX-S +100K CONSULT FED 2-15-18
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the services provided hereunder may be resolved in a single proceeding. The
Consultant hereby specifically waives any objection it may otherwise have to such
joinder and consolidation and specifically consents to mediation, arbitration or any other
dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder
and consolidation contemplated by this provision.
(h) Any notice of termination sent to the Consultant shall include the
reason(s) for such termination or state that it is without cause.
(i) FTA Protest Notification: The Consultant is hereby notified that this
contract is funded in whole or in part by the Federal Department of Transportation; the
Federal Transit Administration (FTA) may entertain a protest that alleges that the City
failed to have or follow written protest procedure s. The Consultant must file a protest
with the FTA not later than five days after the City renders a final decision or five days
after the Consultant knows or has reason to know that the City has failed to render a
final decision. Protests to the FTA must be filed in accordance with FTA Circular
4220.1F (as periodically updated). If a protest has been filed with the FTA, the City will
not make an award of contract unless the the City determines that: (1) the items to be
procured are urgently required; (2) delivery of performance will be unduly delayed by
failure to make the award promptly; or (3) failure to make prompt award will otherwise
cause undue harm to the City or the Federal Government.
5. Confidential Information.
(a) Any reports, information, or other data prepared or assembled by
the Consultant pursuant to this Agreement shall not be made available to any individual
or organization by the Consultant without the prior written approval of the City. During
the term of this Agreement, and thereafter, the Consultant shall not, without the prior
written consent of the 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 the 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 the City.
i. Permission granted to the Consultant to disclose information on
one occasion shall not authorize the Consultant to further disclose
such information or any other information or disseminate the same
on any other occasion.
ii. The Consultant shall not comment publicly to the press or any other
media regarding the Agreement or the City’s actions on the same,
except to the City’s personnel or the Consultant’s personnel
involved in the performance of this Agreement at public hearings or
in response to questions from a Legislative committee.
iii. The Consultant shall not issue any news releases or any public
relations item of any nature, whatsoever, regarding work performed
or to be performed under this Agreement without prior review of the
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contents thereof by the City and receipt of the City’s written
permission.
(b) If the Consultant should subcontract all or any portion of the
services to be performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this Section 5.
(c) This Section 5 shall survive expiration or termination of this
Agreement.
6. Licenses. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Consultant represents to the City that the
Consultant and its employees and subcontractors, if any, are skilled and properly
licensed by the State of California to perform in accordance with the standards
necessary to perform the services agreed to be done by it under this Agreement, the
City relies upon the skill of the Consultant and any subcontractors to do and perform
such services in a skillful manner and the Consultant agrees to thus perform the
services and require the same of any sub contractors. Therefore, any acceptance of
such services by the City shall not operate as a release of the Consultant or any
subcontractors from said standards.
7. Indemnification. To the furthest extent allowed by law, the Consultant
shall indemnify, hold harmless and defend the 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 the
City, the Consultant 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. The
Consultant's obligations under the preceding sentence shall apply regardless of whether
the 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, penalt ies, forfeitures,
costs or damages caused by the sole negligence or willful misconduct of the City or any
of its officers, officials, employees, agents, or volunteers, except when such officers,
officials, employees, agents, or volunteers are under the direct supervision and control
of the Consultant.
If the Consultant should subcontract all or any portion of the services to be
performed under this Agreement, the Consultant shall require each subcontractor to
indemnify, hold harmless and defend the 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, the 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
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California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as
may be authorized in writing by the City’s Risk Manager or designee at any time and in
his or 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 the 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, the
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 the Consultant
shall be withheld until notice is received by the 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 the City. Any failure to maintain the required insurance shall
be sufficient cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve the Consultant of its responsibilities
under this Agreement. The phrase “fail to maintain any required insurance” sh all
include, without limitation, notification received by the 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 the Consultant shall not be
deemed to release or diminish the liability of the Consultant, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify the
City shall apply to all claims and liability regardless of whet her any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of
the Consultant, its principals, officers, agents, employees, persons under the
supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the Consultant should subcontract all or any portion of the
services to be performed under this Agreement, the 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 that any required certificates and
applicable endorsements shall be on file with the Consultant and the City prior to the
commencement of any services by the subcontractor. The Consultant and any
subcontractor/sub-consultant shall establish additional insured status for the 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 10 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.
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9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the 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, the Consultant shall have the
obligation and duty to immediately notify the City in writing of any change to the
information provided by the Consultant in such statement.
(b) The 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 the City, the Consultant shall provide a
written opinion of its legal counsel and that of any subcontractor that, after a due diligent
inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all
laws and regulations. The 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, the Consultant shall
immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder, the
Consultant shall not employ or retain the services of any person while such person
either is employed by the 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) The Consultant represents and warrants that it has not paid or
agreed to pay any compensation, lawful or unlawful, contingent or otherwise, direct or
indirect, to any party to solicit or procure this Agreement or any rights/benefits
hereunder. The City shall have the right, in its discretion, to deduct from any payment
to the Consultant under this Agreement, or otherwise recover the full amount of, any
rebate, kickback or other consideration paid by the Consultant in violation of any
representation or warranty under this section.
(e) Neither the Consultant, nor any firm affiliated with the Consultant,
nor any of the Consultant’s subcontractors performing any services provided hereunder,
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 Agreement with the exception of
any subcontractor whose services are limited to providing surveying or materials testing
information. The 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 Agreement
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. An affiliated firm is one which
is subject to the control of the same person(s) through joint-ownership or otherwise.
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(f) The Consultant shall disclose any financial, business, or other
relationship with the City that may have an impact upon the outcome of this Agreement
or any ensuing the City project or agreement. The Consultant shall also disclose any
current clients who may have a financial interest in the outcome of this Agreement or
any ensuing the City project or agreement, which will follow.
(g) The Consultant hereby certifies that it does not now have, nor shall
it acquire any financial or business interest that would conflict with the performance of
services under this Agreement.
(h) If the Consultant should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement, the Consultant shall
include the provisions of this Section 9 in each subcontract and require its
subcontractors to comply therewith.
(i) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event the 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, the Consultant at its sole cost and expense
shall:
(i) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City’s Solid Waste Management Division,
for each office and facility. Literature describing the City recycling
programs is available from the City’s Solid Waste Management
Division and by calling City of Fresno Recycling Hotline at (559)
621-1111.
(ii) Immediately contact the 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 satisfa ction of the City’s
Solid Waste Management Division the establishment of the
recycling program in paragraph (i) above and the ongoing
maintenance thereof.
11. General Terms, Federal and State Assurances and Requirements.
(a) Except as otherwise provided by law, all notices expressly required
of the 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 the Consultant’s expenses pertaining to the services
provided under this Agreement shall be kept on a generally recognized accounting
basis. The Consultant and its subcontractors shall maintain all books, documents,
papers, accounting records, and other evidence pertaining to the performance of the
Agreement including, but not limited to, the costs of administering the Agreement . The
Consultant and its subcontractors shall make such materials available at their
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respective offices at all reasonable times during the period of this Agreement and for
three years, or longer if required by law, from the date of final payment under the
Agreement. The City, the State, the State Auditor, FTA or any duly authorized
representative of the federal government shall have access to any books, records,
papers, accounting records and other documents of the Consultant and its
subcontractors that are pertinent to the Agreement for audit, examinations, excerpts,
and transcriptions. Copies thereof shall be furnished by the Consultant, if requested.
If any litigation, claim, negotiations, audit or other action is commenced
before the expiration of the three-year time period, all records shall be retained and
made available until such action is resolved, or until the end of said time period
whichever shall later occur. If the Consultant should subcontract all or any portion of
the services to be performed under this Agreement, the Consultant shall cause each
subcontractor to also comply with the requirements of this section and in the event a
subcontract is entered into for an amount in excess of $25,000 the subcontract shall
include this paragraph in its entirety. This Section 11(b) shall survive expiration or
termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant
shall have provided evidence to the City that the Consultant is licensed to perform the
services called for by this Agreement (or that no license is required). If the Consultant
should subcontract all or any portion of the work or services to be performed under this
Agreement, the Consultant shall require each subcontractor to provide evidence to the
City that subcontractor is licensed to perform the services called for by this Agreement
(or that no license is required) before beginning work.
(d) The Consultant’s services pursuant to this Agreement shall be
provided under the supervision of [Consultant's Supervisor Name], and he/she shall not
assign another to supervise the Consultant’s performance of this Agreement without the
prior written approval of the Director.
(e) The City will carry out any applicable federal requirements in the
administration of this Agreement. Notwithstanding Section 25 herein, the Consultant
agrees to comply with and give precedence to all applicable federal and state
assurances and requirements, if any, identified in Exhibit D along with any
attachments it may have and require that each subcontract include the same
assurances by and requirements of each of its subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and
local law, the 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, the Consultant agrees as follows:
(a) The 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
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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) The 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. The 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 the 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. The Consultant agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provision of this nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for
employees placed by or on behalf of the 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) The 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 the
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 the Consultant should subcontract all or any portion of the
services to be performed under this Agreement, the 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, the Consultant
is acting solely as an independent contractor. Neither the Consultant, nor any of its
officers, agents, or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of the City for any purpose. The City shall have no right
to control or supervise or direct the manner or method by which the Consultant shall
perform its work and functions. However, the City shall retain the right to administer this
Agreement so as to verify that the 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 the Consultant and the City. The Consultant shall have no authority to bind the
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City absent the City’s express written consent. Except to the extent otherwise provided
in this Agreement, the Consultant shall bear its own costs and expenses in pursuit
thereof.
(c) Because of its status as an independent contractor, the Consultant
and its officers, agents, and employees shall have absolutely no right to employment
rights and benefits available to City employees. The 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, the Consultant shall be solely responsible, indemnify, defend and save the
City harmless from all matters relating to employment and tax withholding for and
payment of the 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 the
City employment benefits, entitlements, programs and/or funds offered employees of
the 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, the Consultant may be providing services to others unrelated to the 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 pa ge 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 the Consultant and there shall be no
assignment by the Consultant of its rights or obligations under this Agreement without
the prior written approval of the City Manager or designee. Any attempted assignment
by the Consultant, its successors or assigns, shall be null and void unless approved in
writing by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any
monies due the Consultant from the City under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all
monies due the Consultant directly to the Consultant.
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17. Compliance With Law. In providing the services required under this
Agreement, the Consultant shall at all times comply with all applicable laws of the
United States, including, but not limited to, the Americans with Disabilities Act (42
U.S.C. §§ 12101 et seq.), the State of California and the City, and with all applicable
regulations promulgated by federal, state, regional, or local administrative and
regulatory 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. Severability. 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 parties 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 ambiguous 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.
FAX-S +100K CONSULT FED 2-15-18
-12-
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 Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or
flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be modified only by written instrument duly authorized and
executed by both the City and the Consultant.
29. RFQ or RFP Document. Any Request for Qualifications, Request for
Proposal, or Request for Qualifications and Proposal, and documents issued therewith
(collectively referred to herein as RFQ) by the City that resulted in selection of the
Consultant for entry into this Agreement are hereby incorporated into and made a part
of this Agreement. In the event of a conflict between the RFQ and this Agreement
(including any Exhibit hereto), this Agreement (including any Exhibit hereto) shall take
precedence.
[SIGNATURES FOLLOW ON NEXT PAGE.]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, effective the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By: --------------Gregory A. Barfield,
Director
Fresno Area Express/ Transportation
Department
ATTEST:
YVONNE SPENCE, CRM MMC
City Clerk
By : -------------
Deputy
No signature of City Attorney required.
Standard Document "FAX-S +1 OOK
CONSULT FED" has been used without
modification, as certified by the
undersigned.
By:
Brian Barr
Assistant Director
REVIEWED BY
Belinda McMillian, Administrative Manager :
Fresno Area Express/ Transportation
Department
Addresses:
CITY:
City of Fresno
Attention: Brian Barr,
Assistant Director
2223 G Street
Fresno, CA 93706
Phone: (559) 621-1418
FAX: (559) 488-1065
FAX-S +1 OOK CONSULT FED 2-15-18
[The LeFlore Group,
A California LLC
By:
Title: Owner
By:
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
Name: ------------
Title: ____________ _
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
� Any Applicable Professional License:
Number: ___________ _
Name: ------------Date of Issuance:
CONSUL TANT:
The LeFlore Group
Attention: Rudy LeFlore,
President
8015 Ocean View Avenue
Whittier, CA 90602
Phone: (562) 696-6996 FAX: (562) 698-3384
-13-
FAX-S +100K CONSULT FED 2-15-18
-14-
Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Insurance Requirements 3. Exhibit C - Conflict of Interest Disclosure Form 4. Exhibit D - Federal Requirements
EXHIBIT A
FAX-S +100K CONSULT FED 2-15-18
Page 1 of 4
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (the City)
and The LeFlore Group, LLC (the Consultant)
Zero Emission Bus Rollout Plan
Background
The California Air Resources Board recently adopted the Innovative Clean Transit (ICT)
Regulation, which requires transit agencies operating in California to gradually transition
their bus fleet to zero-emission technologies. The ICT sets zero-emission bus (ZEB)
purchase requirements that increase over time and mandates a time at which all buses
in operation must be zero-emission. All transit agencies in the state are required to
produce a rollout plan outlining their strategy to reach the targets defined in the ICT.
The ICT defines requirements based on the size of the transit agencies. As a large
transit agency, Fresno Area Express will be required to adhere to the requirements
outlined in Table 1.
Table 1. ICT Requirements and Important Dates for Large and Small Transit Agencies
Date Large Transit Agency Requirement
July 1, 2020 Rollout plan submitted
January 1,
2023* 25% of new purchases are ZEB
January 1, 2026 50% of new purchases are ZEB
January 1, 2029 100% of new purchases are ZEB
January 1, 2040 100% ZEB fleet
*Does not apply to cutaway, over-the-road or articulated buses
The rollout plan is required to include the following material:
• A goal of full transition to zero-emission buses by 2040 with careful planning that
avoids early retirement of conventional internal combustion engine buses;
• Identification of the types of zero-emission bus technologies a transit agency is
planning to deploy, such as battery electric (BEB) or fuel cell electric bus (FCEB);
• A schedule for construction of facilities and infrastructure modifications or
upgrades, including charging, fueling, and maintenance facilities, to deploy and
maintain zero-emission buses. This schedule must specify the general location of
each facility, type of infrastructure, service capacity of infrastructure, and a
timeline for construction;
• A schedule for zero-emission and conventional internal combustion engine buses
purchases and lease options. This schedule for bus purchases must identify the
bus types, fuel types, and number of buses;
EXHIBIT A
FAX-S +100K CONSULT FED 2-15-18
Page 2 of 4
• A schedule for conversion of conventional internal combustion engine buses to
zero-emission buses, if any. This schedule for bus conversion must identify
number of buses, bus types, the propulsion systems being removed and
converted to;
• A description on how a transit agency plans to deploy zero -emission buses in
disadvantaged communities as listed in the latest version of CalEnviroScreen
(https://oehha.ca.gov/calenviroscreen);
• A training plan and schedule for zero-emission bus operators and maintenance
and repair staff; and
• Identification of potential funding sources.
Transit agencies are also able to receive credits for ZEBs purchased before the ICT
comes into effect. Each credit is equivalent to one new ZEB and can be applied to any
year through 2029 (after which 100% of purchases are required to be ZEB). Table 2
shows the credits available for different zero emission technologies.
Table 1. Bonus Credits Available for ZEB Early Adoption
Date of
Entrance into
Fleet
Fuel Cell
Bus
Battery
Electric
Bus
Electric
Trolley
Bus
Before 2018 2 1 0.1
2018 - 2022 1 0 0
The ICT applies only to transit buses; however, the Zero-Emission Mobility Option
allows transit agencies to receive credits for adopting other zero-emission vehicles such
as bicycle, scooter, or battery electric/fuel cell car sharing programs. Large transit
agencies receive one credit (equivalent to one new ZEB) for every 320,00 0 passenger
miles achieved in one of these programs. Credits are not transferrable between transit
agencies.
Scope of Work
The Consultant will work with FAX to develop a plan to transition the fleet to zero -
emission in accordance with the ICT regulation as well as FAX’s vision and goals. The
Consultant will produce the ICT Rollout Plan to be delivered to CARB by July 1, 2020
and will also create a wholesale agency plan that includes additional scope such as a
near term plan identifying key funding priorities and a discussion of critical industry
trigger points that FAX should continually monitor.
To complete the fleet transition plan, Consultant will follow the process outlined in
Figure 1. The Consultant will begin by discussing FAX’s vision and strategy beyond the
scope of the ICT. This will include internal transition goals, preference for fuel cell
(FCEB) vs. battery electric (BEB) technology, opportunity for on-route charging vs.
depot charging, etc. The Consultant will also assess the current baselin e of all fleet
EXHIBIT A
FAX-S +100K CONSULT FED 2-15-18
Page 3 of 4
vehicles and accompanying infrastructure. This information will feed into the key areas
of analysis:
• Route analysis – determining which routes can be satisfied with BEBs and which
require FCEBs
• Other constraint analysis – available utility capacity, infrastructure footprint, etc.
• Funding opportunities – grant sources available in the near-term
This analysis will feed into the fleet and infrastructure transition plan which will be
iterated to determine the optimal solution in terms of cost and operations. All expenses
will be estimated including vehicle capital costs, infrastructure costs, fuel, maintenance,
and facility upgrades. Once the final plan is produced, Consultant will generate high
level roadmaps outlining the key milestones of the plan, the ICT plan to be submitted to
CARB, and the wholesale transition plan which includes additional discussion that will
be internal to FAX.
Figure 1. Project Activity Flow Diagram
Timeline
Consultant will perform the work described with completion by August 15th 2020. The
ICT Rollout Plan will be presented to the City Council in May so that it can be approved
and submitted to CARB by July 1, 2020.
EXHIBIT A
FAX-S +100K CONSULT FED 2-15-18
Page 4 of 4
Deliverables
Table 2 outlines the deliverables for this project.
Table 2. Deliverables
# Deliverable Expected Date
1 Agency Strategy Workshop Coordinate with
FAX
2 Transition Roadmap and First Presentation to Working
Team May 15, 2020
3
ICT Plan Presentation to City Council (Council
documents to support plan approval, required to be
finalized 10 days prior to meeting)
May 30, 2020
4 ICT Plan Submission to CARB July 1, 2020
5 Wholesale Plan Report August 15, 2020
Cost and Schedule of Payments
The firm, fixed, all-inclusive price for the project is $198,500 USD. No GST or other
taxes will be charged to US clients. Any additional scope items will be agreed by way of
change order and invoiced at $175/hr.
Payment Terms
Payment terms are 100% due net 30 days from invoice date. The project will be
invoiced based upon the following milestone payments:
1. 30% to be invoiced upon completion of strategy workshop and team kickoff
meeting
2. 20% to be invoiced upon presentation of Transition Roadmap to working team
3. 20% to be invoiced upon submission of presentation for City Council
4. 20% to be invoiced upon submission of ICT Plan to CARB
5. 10% to be invoiced upon submission of Wholesale Agency Plan Report
EXHIBIT B
FAX-S +100K CONSULT FED 2-15-18
Page 1 of 4
Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (CITY)
and The LeFlore Group, LLC (CONSULTANT)
Zero Emmission Bus Rollout Plan
PROJECT TITLE
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).
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.
MINIMUM LIMITS 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. COMMERCIAL GENERAL LIABILITY:
(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.
EXHIBIT B
FAX-S +100K CONSULT FED 2-15-18
Page 2 of 4
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER’S LIABILITY:
(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 LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
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, officials, 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 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 comple ted operations
under the Commercial General Liability policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing
EXHIBIT B
FAX-S +100K CONSULT FED 2-15-18
Page 3 of 4
additional insured status. The Commercial General endorsements must
be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG
20 10 & CG 20 37.
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 relating 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 Workers’ 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 completion of the Agreement work or
termination of the Agreement, whichever occurs first.
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 insurance 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
EXHIBIT B
FAX-S +100K CONSULT FED 2-15-18
Page 4 of 4
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.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
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 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, consultant s, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insu rance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or designee.
If no Side Agreement is required, CONSULTANT will be solely responsible for ensuring
that it’s subcontractors maintain insurance coverage at levels no less than those
required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY’S Risk Manager or his/her 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.
1
2
3
4
5
6
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Zero Emission Bus Rollout Plan
Are you currently in litigation with the City of Fresno or any of
its agents?
Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
Do you currently represent or perform work for any clients
who do 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 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 has any significant role in t!Je 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 this Agreement?
YES* NO
IOI [[B'j
IOI [[51
;01 10'1
I
� DI
I
� DI
I DI �
*If the answer to any question is yes, please explain in full below.
Explanation: _________ _
D Additional page(s) attached.
EXHIBITC
FAX-S-50K CONSULT FED 2-15-18
Date B vctofpktu r LeI�t �,((_ (name)
r"f h.e. Lef-lo re fuovp L.LC (company)
&ur S: 0 ceo-A Vr;J ffc/)
(address)_ '-W it c/f r er cA--@to c ( city state zip)
EXHIBIT D
FAX-S +100K CONSULT FED 2-15-18
Page 1 of 9
EXHIBIT D
FEDERAL REQUIREMENTS
Consultant Service Agreement between City of Fresno
And The LeFlore Group, LLC
This contract is subject to a financial assistance contract between the City of Fresno
(the City) and the Federal Transit Administration (FTA), including American Recovery
and Reinvestment Act (ARRA) funding, which requires that this contract contain the
following clauses:
No Government Obligations to Third Parties
The City and the Consultant acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and sh all not be subject to any
obligations or liabilities to the City, the Consultant, or any other party (whether or not a
party to that contract) pertaining to any matter resulting from the underlying contract.
The Consultant agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA . It is further agreed that the
clause shall not be modified, except to identify the sub contractor who will be subject to
its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts
(1) The Consultant acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations,
“Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions pertaining to the
services provided under this Agreement. Upon execution of the underlying contract, the
Consultant certifies or affirms the truthfulness and accuracy of any statement it has
made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed . In
addition to other penalties that may be applicable, the Consultant further acknowledges
that if it makes, or causes to be made, a false , fictitious, or fraudulent claim, statement,
submission, or certification, the Federal Government reserves the right to impose the
penalties of the Program Fraud Civil Remedies Act of 1986 on the Consultant to the
extent the Federal Government deems appropriate.
(2) The Consultant also acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.
5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and
49 U.S.C. 5307(n)(1) on the Consultant, to the extent the Federal Government deems
appropriate.
EXHIBIT D
FAX-S +100K CONSULT FED 2-15-18
Page 2 of 9
(3) The Consultant agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further
agreed that the clauses shall not be modified, except to identify the sub contractor who
will be subject to the provisions.
Access to Records and Reports
(1) Where the City is a local government and is the FTA Recipient in accordance
with 49 CFR 18.36(i), the Consultant agrees to provide the City, the FTA Administrator,
the Comptroller General of the United States or any of their authorized representatives
access to any books, documents, papers and records of the Consultant’s records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,
which is receiving federal financial assistance through the programs described at 49
U.S.C.5307, 5309 or 5311.
(2) Where the City is an FTA Recipient, the Consultant agrees to provide the City,
the FTA Administrator or his authorized representatives, including any PMO Contractor,
access to the Consultant’s records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311 . By definition, a
major capital project excludes contracts of less than the simplified acquisition threshold
currently set at $100,000.
(3) Where the City enters into a negotiated contract for other than a small purchase
or under the simplified acquisition threshold and is an institution of higher education, an
hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 CFR 19.48, the Consultant agrees to provide the
City, FTA Administrator, the Comptroller General of the United States or any of their
duly authorized representatives with access to any books, documents, papers and
record of the Consultant which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
(4) Where the City, which is the FTA Recipient in accordance with 49 U.S.C. 5325(a)
enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1) through other competitive bidding, the Consultant shall make available
records related to the contract to the City, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
(5) The Consultant agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(6) The Consultant agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case the Consultant
agrees to maintain same until the City, the FTA Administrator, the Comptroller General,
or any of their duly authorized representative, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
EXHIBIT D
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(7) FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
The Consultant shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by
reference in the Master Agreement between The City and FTA, as they may be
amended or promulgated from time to time during the term of this contract. The
Consultant's failure to so comply shall constitute a material breach of this contract.
Termination
Termination for Convenience: The City, by written notice, may terminate this contract, in
whole or in part, when it is in the Government’s interest. If this contract is terminated,
the City shall be liable only for payment under the payment provisions of this contract
for services rendered before the effective date of termination
Termination for Default: If the Consultant fails to deliver supplies or to perform the
services within the time specified in this contract or any extension or if the Consultant
fails to comply with any other provisions of this contract, the City may terminate this
contract for default. The City shall terminate by delivering to the Consultant a Notice of
Termination specifying the nature of the default. The Consultant will only be paid the
contract price for supplies delivered and accepted, or services performed in accordance
with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, i t is determined that the
Consultant was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the City.
The City in its sole discretion may, in the case of a termination for breach or default ,
allow the Consultant thirty days in which to cure the defect. In such case, the notice of
termination will state the time period in which cure is permitted and other appropriate
conditions. If Consultant fails to remedy to City’s satisfaction the breac h or default of
any of the terms, covenants, or conditions of this Contract within ten days after receipt
by Consultant of written notice from City setting forth the nature of said breach or
default, City shall have the right to terminate the Contract with out further obligation to
Consultant. Any such termination for default shall not in any way operate to preclude
City from also pursuing all available remedies against Consultant and its sureties for
said breach or default.
Civil Rights
(1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. 6102, section 202 of the Americans with disabilities Act of 1990, 42
U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Consultant agrees that it
will not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
EXHIBIT D
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(2) Equal Employment Opportunity – The following equal employment opportunity
requirements apply to the underlying contract.
(a) Race, Color, Creed, National Origin, Sex – In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49
U.S.C. 5332, the Consultant agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulation, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, “Equal
Employment Opportunity,” as amended by Executive Order No. 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity, “42 U.S.C. 2000e
note), and with any applicable Federal statutes, executive ord ers, regulations and
Federal policies that may in the future affect construction activities undertaken in the
course of performing under this Agreement. The Consultant agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age .
Such action shall include, 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. In addition, the Consultant agrees to comply with any implementing
requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49
U.S.C. 5332, the Consultant agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Consultant agrees to comply
with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. 12112, the Consultant agrees that it will comply
with the requirements of U.S. Equal Employment Opportunity Commission, “regulations
to Implement the Equal Employment Provisions of the Americans with Disabilities Act,
“29 CFR Part 1630, pertaining to employment of persons with disabilitie s. In addition,
the Consultant agrees to comply with any implementing requirements FTA may issue.
(3) The Consultant also agrees to include these requirements in each subcontract
financed whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations,
Part 26, Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE
participation is 12% . A separate contract goal has not been established for
this procurement.
EXHIBIT D
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Consultant shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The Consultant shall carry out applicable requirem ents of
49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure
by the Consultant to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remed y as City deems
appropriate. Each subcontract the Consultant signs with a subcontractor must include
the assurance in this paragraph (see 49 CFR 26.13(b)).
The Consultant is required to pay its subcontractors performing work related to this
contract for satisfactory performance of that work no later than thirty days after the
Consultant’s receipt of payment for that work from City. In addition, the Consultant may
not hold retainage from its subcontractors.
The Consultant must promptly notify City whenever a DBE subcontractor performing
work related to this contract is terminated or fails to complete its work, and must make
good faith efforts to engage another DBE subcontractor to perform at least the same
amount of work. The Consultant may not terminate any DBE subcontractor and perform
that work through its own forces or those of an affiliate wit hout prior written consent of
the City.
Veterans Employment
To the extent practicable, Consultant agrees that it:
(1) Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have
the skills and abilities required to perform construction work required under a third party
contract in connection with a capital project supported with funds made availab le or
appropriated for 49 U.S.C. chapter 53, and
(2) Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee, and b.
Consultant also assures that its sub-recipients will:
(1) Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have
the skills and abilities required to perform construction work required under a third party
contract in connection with a capital project supported with funds made availabl e or
appropriated for 49 U.S.C. chapter 53, to the extent practicable, and
(2) Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions
required by DOT, whether or not expressly set forth in the preceding contract
EXHIBIT D
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provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1F, as most recently updated, are hereby incorporated by reference. Anything to
the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control
in the event of a conflict with other provisions contained in this Agreement. The
Consultant shall not perform any act, fail to perform any act, or refuse to comply with
any City of Fresno request, which would cause the City to be in violation of the FTA
terms and conditions.
Flow Down – The incorporation of FTA terms has unlimited flow down.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion Lower Tier Covered Transaction
(1) The prospective lower tier participant certifies, by submission of this bid or proposal,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency (31 U.S.C. Chapter 61).
(2) When the prospective lower tier participant is unable to certify to the statements in
this certification, such prospective participant shall attach an explanation to this
proposal.
Resolution of Disputes, Breaches, or other Litigation
(1) The validity of this Agreement and of any of its terms and provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of California .
In the event of litigation between the two parties, proper venue shall be laid in a court of
competent jurisdiction in the County of Fresno, State of California.
(2) Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
City’s Maintenance Manager. This decision shall be final and conclusive unless with ten
days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the Maintenance Manager. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of the Maintenance Manager shall be binding upon the
contractor and the Contractor shall abide by the decision.
(3) Pending final resolution of a dispute her under, the Contractor shall proceed
diligently with the performance of this Agreement and in accordance with the City’s
decision.
Lobbying
The Consultant certifies, by signing and submitting this bid or proposal, to the best of his
or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attemp ting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the m aking of any Federal loan,
EXHIBIT D
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the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he
or she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclose accordingly.
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regu lations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq. The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
Energy Conservation
The Consultant agrees to comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
EXHIBIT D
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Flow Down – The Energy Conservation requiremen ts extend to all third party
contractors and their contracts at every tier and sub -recipients and their sub-
agreements at every tier.
FTA Protest Notification
Bidders are hereby notified that, if this contract is funded in whole or in part by the
Federal Department of Transportation, the Federal Transit Administration (FTA) may
entertain a protest that alleges that Fresno Area Express / Transportation Department
failed to have or follow written protest procedures. Bidders must file a protest with the
FTA not later than five days after Fresno Area Express/ Transportation Department
renders a final decision or five days after the Bidder knows or has reason to know that
Fresno Area Express/ Transportation Department has failed to render a final decision.
Protests to the FTA must be filed in accordance with FTA Circular 4220.1F (as
periodically updated). If a protest has been filed with the FTA, Fresno Area Express /
Transportation Department will not make an award of contract unless Fresno Area
Express/ Transportation Department determines that: (1) the items to be procured are
urgently required; (2) delivery of performance will be unduly delayed by failure to make
the award promptly; or (3) failure to make prompt award will otherwise cause undue
harm to Fresno Area Express/ Transportation Department or the Federal Government.
THIRD PARTY CONTRACTING CAPACITY
Because bids and offers can at times be ambiguous, in its solicitation documents, City
reserves the right to request additional information before making an award. City also
reserves the right to seek clarification from any bidder or offer or about any statement in
its bid or proposal that City finds ambiguous.
ADDITIONAL FEDERAL REQUIREMENTS RELATED TO THE AMERICAN
RECOVERY AND REINVESTMENT ACT (ARRA)
DUNS Registration for Contractors and Vendors
Contractors and Vendors must have a DUNS (Data Universal Numbering System)
number, which can be searched for and/or registered for at:
http://fedgov.dnb.com/webform . Contractors and direct vendors will be required to
provide their DUNS number to Fresno Area Express/ Transportation Department (FAX).
Reporting – Monthly Jobs Statistics
All first-tier contractors and vendors will be expected to provide job creation/retention
information to FAX on a monthly basis. This will include the number of direct, on -job
FTE (fulltime equivalent) employees, hours, and payroll. In the case of a first -tier
contractor that utilizes subcontractors or vendors to complete all or a portion of the work
funded through ARRA, it will be the contractor’s responsibility to collect jobs data from
said subcontractors / vendors and report that data to FAX as well. Reporting templates
and deadlines will be provided to contractors/vendors prior to the first reporting
deadline.
EXHIBIT D
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Other FTA (Federal) Requirements
Includes, but is not limited to, 49 U.S.C. Chapter 53, e.g., clauses noted in other
sections of this contract like, ADA; Civil Rights; Waste, Fraud, & Abuse; Whistleblower
Rights Notice, etc. The ARRA “Whistleblower” poster, which must be posted at your
worksite, can be found at: http://www.fta.dot.gov/documents/ARRA_09-
06766_OIG_Whistleblower_Poster_JI-3.pdf.
Additional Information
The Federal Recovery website (www.recovery.gov) provides a great deal of information
about the Recovery Act, including links to ARRA legislation, news, reports, and
frequently asked questions (FAQs). If you have a question specific to this Agreement,
please contact your FAX project manager to discuss.
GENERAL SERVICES ADMINISTRATION
Federal Acquisition Service
Authorized Federal Supply Schedule Price List
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an
electronic delivery order is available through GSA Advantage!™, a menu-driven database system. The INTERNET
address for GSA Advantage!™ is: http://www.GSAAdvantage.gov.
For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at
http://www.gsa.gov/schedules-ordering
Schedule for: Consolidated (Professional Services)
Federal Supply Group: CORP
Contract Number: GS00F191CA
Contract Period: July 1, 2015 – June 30, 2020
5404 Wisconsin Ave, Suite 1100
Chevy Chase, MD 20815 3573
Phone: 301-907-8500
Toll-Free: 800-225-2135
Fax: 301-907-8508
Web Site: www.abacustech.com
Contract Administration: Jane Cross
E-mail: crossj@abacustech.com
Phone: 301-215-7593
Business Size: Small
In accordance with 13 C.F.R. 121.404, the Contractor is ineligible to participate in any RFQ that is
set aside for small business where the subject contract’s awarded size status for the preponderance
NAICS designated in the RFQ is “other than small”.
Consolidated (Professional Services) 1 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
CUSTOMER INFORMATION:
1a. Table of Awarded Special Item Number(s) with appropriate cross-reference to page
numbers:
SIN Recovery SIN Description
C874-1 C874-1RC Integrated Consulting Services
C871-1 C871-1RC Strategic Planning for Technology Programs/Activities
C871-2 C871-2RC Concept Development and Requirements Analysis
C871-3 C871-3RC System Design, Engineering and Integration
C871-4 C871-4RC Test and Evaluation
C871-5 C871-5RC Integrated Logistics Support
C871-6 C871-6RC Acquisition and Life Cycle Management
C874-6 C874-6RC Acquisition Management Support
C874-7 C874-7RC Integrated Business Program Support Services
1b. Identification of the lowest priced model number and lowest unit price for that
model for each special item number awarded in the contract. This price is the
Government price based on a unit of one, exclusive of any quantity/dollar volume,
prompt payment, or any other concession affecting price. Those contracts that have
unit prices based on the geographic location of the customer, should show the range
of the lowest price, and cite the areas to which the prices apply.
Prices shown in price list are valid for all areas including worldwide. [NOTE: Travel
costs will be expensed in accordance with Joint Travel Regulations. For any overseas
work, pricing will also reflect current State Department indices of living costs abroad.]
1c. If the Contractor is proposing hourly rates a description of all corresponding
commercial job titles, experience, functional responsibility and education for those
types of employees or subcontractors who will perform services shall be provided.
If hourly rates are not applicable, indicate “Not applicable” for this item.
Labor category descriptions and hour rates are attached.
2. Maximum Order: $1,000,000.00
3. Minimum Order: $100.00
4. Geographic Coverage (delivery Area): Domestic and Overseas
5. Point(s) of production (city, county, and state or foreign country): Same as company
address
Consolidated (Professional Services) 2 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
6. Discount from list prices or statement of net price:
Government net prices (discounts already deducted). See Attachment.
7. Quantity discounts: 1% for orders equal to or exceeding $750,000.00
8. Prompt payment terms: Net 30 days
9a. Notification that Government purchase cards are accepted up to the micro-purchase
threshold: Yes
9b. Notification whether Government purchase cards are accepted or not accepted
above the micro-purchase threshold: Will accept over $2,500
10. Foreign items (list items by country of origin): None
11a. Time of Delivery (Contractor insert number of days): Specified on the Task Order
11b. Expedited Delivery. The Contractor will insert the sentence “Items available for
expedited delivery are noted in this price list.” under this heading. The Contractor
may use a symbol of its choosing to highlight items in its price list that have
expedited delivery: Contact Contractor
11c. Overnight and 2-day delivery. The Contractor will indicate whether overnight and
2-day delivery are available. Also, the Contractor will indicate that the schedule
customer may contact the Contractor for rates for overnight and 2-day delivery:
Contact Contractor
11d. Urgent Requirements. The Contractor will note in its price list the “Urgent
Requirements” clause of its contract and advise agencies that they can also contact
the Contractor’s representative to effect a faster delivery: Contact Contractor
12. F.O.B Points(s): Destination
13a. Ordering Address(es): Same as Contractor
13b. Ordering procedures: For supplies and services, the ordering procedures, information
on Blanket Purchase Agreements (BPA’s), and a sample BPA can be found at the
GSA/FSS Schedule homepage (fss.gsa.gov/schedules).
14. Payment address(es): Same as company address
Consolidated (Professional Services) 3 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
15. Warranty provision.: Contractor’s standard commercial warranty.
16. Export Packing Charges (if applicable): N/A
17. Terms and conditions of Government purchase card acceptance (any thresholds
above the micro-purchase level): Contact Contractor
18. Terms and conditions of rental, maintenance, and repair (if applicable): N/A
19. Terms and conditions of installation (if applicable): N/A
20. Terms and conditions of repair parts indicating date of parts price lists and any
discounts from list prices (if applicable): N/A
20a. Terms and conditions for any other services (if applicable): N/A
21. List of service and distribution points (if applicable): N/A
22. List of participating dealers (if applicable): N/A
23. Preventive maintenance (if applicable): N/A
24a. Environmental attributes, e.g., recycled content, energy efficiency, and/or reduced
pollutants: N/A
24b. If applicable, indicate that Section 508 compliance information is available on
Electronic and Information Technology (EIT) supplies and services and show where
full details can be found (e.g. contactor’s website or other location.)
The EIT standards can be found at: www.Section508.gov/.
25. Data Universal Numbering System (DUNS) number: 126505833
26. Notification regarding registration in Central Contractor Registration (CCR)
database: Registered
Consolidated (Professional Services) 4 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
AWARDED PRICING
Prices are inclusive of IFF
Fixed Annual Rate is 2%
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C874-1,
C874-6,
C874-7
Executive Officer Masters 9 $205.39 $209.50 $213.69 $217.96 $222.32
C874-1,
C874-6,
C874-7
Program Manager Masters 9 $164.30 $167.59 $170.94 $174.36 $177.85
C874-1,
C874-6,
C874-7
Project Manager Bachelors 6 $147.88 $150.84 $153.86 $156.93 $160.07
C874-1,
C874-6,
C874-7
Task/Team Manager Bachelors 6 $114.18 $116.47 $118.79 $121.17 $123.59
C874-1,
C874-6,
C874-7
Project Control
Specialist Bachelors 3 $92.27 $94.12 $96.00 $97.92 $99.88
C874-1,
C874-6 Sr. Technical Writer Bachelors 6 $98.58 $100.55 $102.56 $104.61 $106.71
C874-1,
C874-6
Journeyman Technical
Writer Bachelors 3 $73.93 $75.41 $76.92 $78.45 $80.02
C874-1,
C874-6 Jr. Technical Writer Bachelors 0 $52.55 $53.60 $54.67 $55.77 $56.88
C874-7 Sr. Documentation
Specialist Bachelors 6 $98.33 $100.30 $102.30 $104.35 $106.44
C874-7
Journeyman
Documentation
Specialist
Bachelors 3 $77.62 $79.17 $80.76 $82.37 $84.02
C874-7 Jr. Documentation
Specialist Bachelors 0 $48.65 $49.62 $50.62 $51.63 $52.66
C874-1,
C874-6 Graphics Specialist High School 0 $65.71 $67.03 $68.37 $69.73 $71.13
C874-1,
C874-6,
C874-7
Administrative
Assistant High School 0 $46.01 $46.93 $47.87 $48.83 $49.80
C874-1,
C874-6 Principal BPR Specialist Masters 9 $205.39 $209.50 $213.69 $217.96 $222.32
C874-1,
C874-6 Sr. BPR Specialist Bachelors 6 $159.51 $162.70 $165.96 $169.28 $172.66
C874-1,
C874-6
Journeyman BPR
Specialist Bachelors 3 $147.88 $150.84 $153.86 $156.93 $160.07
C874-1,
C874-6 Jr. BPR Specialist Bachelors 0 $106.79 $108.93 $111.11 $113.33 $115.59
C874-1,
C874-6
Emerging Technology
Expert Bachelors 6 $197.16 $201.11 $205.13 $209.23 $213.42
Consolidated (Professional Services) 5 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C874-1,
C874-6,
C874-7
Principal Subject
Matter Expert Masters 9 $233.74 $238.42 $243.19 $248.05 $253.01
C874-1,
C874-6,
C874-7
Sr. Subject Matter
Expert Bachelors 6 $180.73 $184.35 $188.03 $191.79 $195.63
C874-7 Sr. Functional Specialist Bachelors 6 $108.78 $110.96 $113.18 $115.44 $117.75
C874-7 Journeyman Functional
Specialist Bachelors 3 $83.78 $85.46 $87.16 $88.91 $90.69
C874-7 Jr. Functional Specialist Bachelors 0 $57.13 $58.27 $59.44 $60.63 $61.84
C874-1,
C874-6 Sr. Operations Analyst Masters 6 $156.07 $159.19 $162.38 $165.62 $168.94
C874-1,
C874-6
Journeyman Operations
Analyst Bachelors 3 $131.42 $134.05 $136.73 $139.46 $142.25
C874-1,
C874-6 Jr. Operations Analyst Bachelors 0 $98.58 $100.55 $102.56 $104.61 $106.71
C874-1,
C874-6,
C874-7
Sr. Management
Analyst Masters 6 $143.57 $146.44 $149.37 $152.36 $155.41
C874-1,
C874-6,
C874-7
Journeyman
Management Analyst Bachelors 3 $118.30 $120.67 $123.08 $125.54 $128.05
C874-1,
C874-6,
C874-7
Jr. Management
Analyst Bachelors 0 $85.44 $87.15 $88.89 $90.67 $92.48
C874-1,
C874-6
Sr. Data Modeling
Analyst Bachelors 6 $139.66 $142.45 $145.30 $148.21 $151.17
C874-1,
C874-6
Journeyman Data
Modeling Analyst Bachelors 3 $114.97 $117.27 $119.62 $122.01 $124.45
C874-1,
C874-6 Jr. Modeling Analyst Bachelors 0 $82.13 $83.77 $85.45 $87.16 $88.90
C874-1,
C874-6,
C874-7
Sr. Quality Assurance
Analyst Bachelors 6 $130.80 $133.42 $136.09 $138.81 $141.58
C874-1,
C874-6,
C874-7
Journeyman Quality
Assurance Analyst Bachelors 3 $106.86 $109.00 $111.18 $113.40 $115.67
C874-1,
C874-6,
C874-7
Jr. Quality Assurance
Analyst Bachelors 0 $78.87 $80.45 $82.06 $83.70 $85.37
C874-1,
C874-6,
C874-7
Sr. Business Process
Analyst Bachelors 6 $131.42 $134.05 $136.73 $139.47 $142.26
C874-1,
C874-6,
C874-7
Journeyman Business
Process Analyst Bachelors 3 $106.79 $108.93 $111.11 $113.33 $115.59
Consolidated (Professional Services) 6 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C874-1,
C874-6,
C874-7
Jr. Business Process
Analyst Bachelors 0 $73.93 $75.41 $76.92 $78.45 $80.02
C874-1,
C874-6
Sr. Simulation Modeling
Analyst Bachelors 6 $128.15 $130.71 $133.33 $136.00 $138.72
C874-1,
C874-6
Journeyman Simulation
Modeling Analyst Bachelors 3 $101.87 $103.91 $105.99 $108.10 $110.27
C874-1,
C874-6
Jr. Simulation Modeling
Analyst Bachelors 0 $69.01 $70.39 $71.80 $73.24 $74.70
C874-1,
C874-6,
C874-7
Sr. Cost Analyst Bachelors 6 $119.65 $122.04 $124.49 $126.98 $129.51
C874-1,
C874-6,
C874-7
Journeyman Cost
Analyst Bachelors 3 $90.35 $92.16 $94.00 $95.88 $97.80
C874-1,
C874-6,
C874-7
Jr. Cost Analyst Bachelors 0 $65.71 $67.03 $68.37 $69.73 $71.13
C874-1,
C874-6,
C874-7
Sr. Procurement
Specialist Bachelors 6 $114.97 $117.27 $119.62 $122.01 $124.45
C874-1,
C874-6,
C874-7
Journeyman
Procurement Specialist Bachelors 3 $93.64 $95.51 $97.42 $99.37 $101.36
C874-1,
C874-6 Research Analyst Bachelors 3 $57.52 $58.67 $59.85 $61.04 $62.26
C874-7 Principal Consultant Masters 9 $175.44 $178.95 $182.53 $186.18 $189.90
C874-7 Sr. Consultant Masters 6 $153.07 $156.13 $159.26 $162.44 $165.69
C874-7 Journeyman Consultant Bachelors 3 $131.87 $134.51 $137.20 $139.94 $142.74
C874-7 Jr. Consultant Bachelors 0 $116.56 $118.89 $121.27 $123.70 $126.17
C874-7 Sr. Enterprise Architect Masters 6 $151.37 $154.40 $157.49 $160.64 $163.85
C874-7 Journeyman Enterprise
Architect Bachelors 3 $110.79 $113.01 $115.27 $117.57 $119.92
C874-7 Sr. Solution Architect Bachelors 6 $143.69 $146.57 $149.50 $152.49 $155.54
C874-7 Journeyman Solution
Architect Bachelors 3 $104.41 $106.50 $108.63 $110.80 $113.02
C874-7 Jr. Solution Architect Bachelors 0 $90.66 $92.47 $94.32 $96.21 $98.13
C874-7 Principal Configuration
Management Specialist Bachelors 9 $129.73 $132.33 $134.97 $137.67 $140.43
C874-7 Sr. Configuration
Management Specialist Bachelors 6 $106.24 $108.37 $110.53 $112.74 $115.00
C874-7
Journeyman
Configuration
Management Specialist
Bachelors 3 $94.49 $96.38 $98.31 $100.27 $102.28
C874-7 Jr. Configuration
Management Specialist Bachelors 0 $55.33 $56.44 $57.57 $58.72 $59.89
Consolidated (Professional Services) 7 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C874-7 Principal Training
Specialist Bachelors 9 $133.05 $135.71 $138.43 $141.20 $144.02
C874-7 Sr. Training Specialist Bachelors 6 $98.90 $100.88 $102.90 $104.95 $107.05
C874-7 Journeyman Training
Specialist Bachelors 3 $81.26 $82.88 $84.54 $86.23 $87.96
C874-7 Jr. Training Specialist Bachelors 0 $60.64 $61.85 $63.09 $64.35 $65.64
C874-1,
C874-6 Sr. Project Engineer Bachelors 6 $140.37 $143.18 $146.04 $148.96 $151.94
C874-1,
C874-6
Journeyman Project
Engineer Bachelors 3 $119.65 $122.04 $124.49 $126.98 $129.51
C874-1,
C874-6 Jr. Project Engineer Bachelors 0 $87.73 $89.48 $91.27 $93.10 $94.96
C874-1 Sr. Facilitator Bachelors 6 $188.93 $192.71 $196.57 $200.50 $204.51
C874-1 Journeyman Facilitator Bachelors 3 $131.42 $134.05 $136.73 $139.47 $142.26
C874-1 Sr. Statistician Masters 6 $139.66 $142.45 $145.30 $148.21 $151.17
C874-1 Journeyman Statistician Bachelors 3 $114.98 $117.28 $119.63 $122.02 $124.46
C874-1 Jr. Statistician Bachelors 0 $90.35 $92.16 $94.00 $95.88 $97.80
C874-1 Sr. Market Research
Analyst Bachelors 6 $123.25 $125.72 $128.23 $130.80 $133.41
C874-1 Journeyman Market
Research Analyst Bachelors 3 $101.87 $103.91 $105.99 $108.11 $110.27
C874-1 Jr. Market Research
Analyst Bachelors 0 $82.15 $83.79 $85.47 $87.18 $88.92
C874-1 Sr. Multi Media/Design
Engineer Bachelors 6 $118.30 $120.67 $123.08 $125.54 $128.05
C874-1 Journeyman Multi
Media/Design Engineer Bachelors 3 $95.29 $97.20 $99.14 $101.12 $103.15
C874-1 Sr. Survey Specialist Bachelors 6 $114.97 $117.27 $119.62 $122.01 $124.45
C874-1 Journeyman Survey
Specialist Bachelors 3 $85.44 $87.15 $88.89 $90.67 $92.48
C874-1 Sr. Data Analyst Bachelors 6 $106.79 $108.93 $111.11 $113.33 $115.59
C874-1 Journeyman Data
Analyst Bachelors 3 $78.87 $80.45 $82.06 $83.70 $85.37
C874-1 Jr. Data Analyst Bachelors 0 $49.27 $50.26 $51.26 $52.29 $53.33
C874-1,
C874-7
Sr. Outreach
Publication Specialist Bachelors 6 $98.58 $100.55 $102.56 $104.61 $106.71
C874-1,
C874-7
Journeyman Outreach
Publication Specialist Bachelors 3 $73.93 $75.41 $76.92 $78.45 $80.02
C874-1 Data Technician High School 0 $41.09 $41.91 $42.75 $43.61 $44.48
C874-1 Data Entry Clerk High School 0 $32.86 $33.52 $34.19 $34.87 $35.57
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Executive Officer Bachelors 9 $207.56 $211.71 $215.95 $220.27 $224.67
Consolidated (Professional Services) 8 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Program Manager I Bachelors 5 $164.24 $167.53 $170.88 $174.29 $177.78
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Program Manager II Bachelors 10 $204.38 $208.47 $212.64 $216.89 $221.23
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Project (Task Order)
Manager I Bachelors 6 $148.25 $151.22 $154.24 $157.33 $160.47
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Project (Task Order)
Manager II Bachelors 9 $163.41 $166.68 $170.01 $173.41 $176.88
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Acquisition Engineer I Bachelors 0 $92.12 $93.96 $95.84 $97.76 $99.72
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Acquisition Engineer II Bachelors 3 $121.55 $123.98 $126.46 $128.99 $131.57
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Acquisition Engineer III Bachelors 6 $149.33 $152.32 $155.36 $158.47 $161.64
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Configuration Control
Engineer I Bachelors 0 $81.92 $83.56 $85.23 $86.94 $88.67
Consolidated (Professional Services) 9 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Configuration Control
Engineer II Bachelors 3 $111.38 $113.61 $115.88 $118.20 $120.56
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Configuration Control
Engineer III Bachelors 6 $132.32 $134.97 $137.67 $140.42 $143.23
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Analyst I Bachelors 0 $92.12 $93.96 $95.84 $97.76 $99.72
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Analyst II Bachelors 3 $121.55 $123.98 $126.46 $128.99 $131.57
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Analyst III Bachelors 6 $149.31 $152.30 $155.34 $158.45 $161.62
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Support
Specialist I Bachelors 0 $68.92 $70.30 $71.71 $73.14 $74.60
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Support
Specialist II Bachelors 3 $91.91 $93.75 $95.62 $97.54 $99.49
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Support
Specialist III Bachelors 6 $104.97 $107.07 $109.21 $111.39 $113.62
Consolidated (Professional Services) 10 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Support
Specialist IV Bachelors 9 $129.09 $131.67 $134.31 $136.99 $139.73
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Technician
I Bachelors 0 $48.81 $49.79 $50.78 $51.80 $52.83
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Technician
II Bachelors 3 $61.82 $63.06 $64.32 $65.60 $66.92
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Engineering Technician
III Bachelors 6 $75.21 $76.71 $78.25 $79.81 $81.41
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Logistics Engineer I AS/TECH 0 $85.29 $87.00 $88.74 $90.51 $92.32
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Logistics Engineer II Bachelors 3 $107.61 $109.76 $111.96 $114.20 $116.48
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Logistics Engineer III Bachelors 6 $135.35 $138.06 $140.82 $143.63 $146.51
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Scientific/Engineering
Professional I Bachelors 0 $99.43 $101.42 $103.45 $105.52 $107.63
Consolidated (Professional Services) 11 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Scientific/Engineering
Professional II Bachelors 3 $122.28 $124.73 $127.22 $129.76 $132.36
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Scientific/Engineering
Professional III Bachelors 6 $148.92 $151.90 $154.94 $158.03 $161.20
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Scientific/Engineering
Professional IV Bachelors 9 $165.40 $168.71 $172.08 $175.53 $179.04
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Subject Matter Expert I Bachelors 0 $174.11 $177.59 $181.14 $184.77 $188.46
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Subject Matter Expert II Bachelors 3 $253.26 $258.32 $263.49 $268.76 $274.14
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Subject Matter Expert
III Bachelors 6 $297.45 $303.40 $309.47 $315.66 $321.97
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Test and Evaluation
Engineer I Bachelors 0 $94.98 $96.88 $98.82 $100.80 $102.81
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Test and Evaluation
Engineer II Bachelors 3 $122.28 $124.73 $127.22 $129.76 $132.36
Consolidated (Professional Services) 12 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Test and Evaluation
Engineer III Bachelors 6 $147.86 $150.82 $153.83 $156.91 $160.05
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Technical Writer/Editor
I AS/TECH 0 $49.28 $50.27 $51.27 $52.30 $53.34
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Technical Writer/Editor
II AS/TECH 3 $71.22 $72.64 $74.10 $75.58 $77.09
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Technical Writer/Editor
III AS/TECH 6 $90.23 $92.03 $93.87 $95.75 $97.67
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Graphic Design
Spec/Tech Illustrator I Bachelors 0 $63.11 $64.37 $65.66 $66.97 $68.31
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Graphic Design
Spec/Tech Illustrator II Bachelors 3 $104.97 $107.07 $109.21 $111.39 $113.62
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Graphic Design
Spec/Tech Illustrator III Bachelors 6 $129.09 $131.67 $134.30 $136.99 $139.73
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Administrative
Assistant I HS/GED 0 $47.85 $48.81 $49.78 $50.78 $51.80
Consolidated (Professional Services) 13 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN (S) Labor Category
Minimum
Education /
Certification
Level
Minimum
Years of
Experience
Base Period
Year 1 Year 2 Year 3 Year 4 Year 5
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Administrative
Assistant II AS/TECH 4 $73.74 $75.21 $76.72 $78.25 $79.82
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Training Facilitator/
Trainer I Bachelors 0 $71.25 $72.68 $74.13 $75.61 $77.12
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Training Facilitator/
Trainer II Bachelors 3 $122.28 $124.73 $127.22 $129.76 $132.36
C871-1,
C871-2,
C871-3,
C871-4,
C871-5,
C871-6
Training Facilitator/
Trainer III Bachelors 6 $154.79 $157.89 $161.04 $164.26 $167.55
Service Contract Act: The Service Contract Act (SCA) is applicable to this contract as it
applies to the entire Consolidated Schedule and all services provided. While no specific labor
categories have been identified as being subject to SCA due to exemptions for professional
employees (FAR 22.1101, 22.1102 and 29 CRF 541.300), this contract still maintains the
provisions and protections for SCA eligible labor categories. If and / or when the contractor
adds SCA labor categories / employees to the contract through the modification process, the
contractor must inform the Contracting Officer and establish a SCA matrix identifying the GSA
labor category titles, the occupational code, SCA labor category titles and the applicable WD
number. Failure to do so may result in cancellation of the contract.
Consolidated (Professional Services) 14 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
LABOR CATEGORIES DESCRIPTIONS
LABOR CATEGORIES AWARDED UNDER SINs C874-1, C874-6 and C874-7
Note: Experience may be substituted for education as outlined in Table I below.
Table 1
Level
Education & Experience Levels Equivalent Education and Experience
Education and Experience Acquired Degree
Minimum
Experience
I High school diploma or GED and 1 year Less than High
School/GED 2 years
II Associate’s degree or higher and 2 years High School/GED 4 years
III Bachelor’s degree or higher and 5 years
High School/GED 9 years
Associate 7 years
Master 3 years
Doctorate 1 year
IV Master’s degree or higher and 6 years
High School/GED 12 years
Associate 10 years
Bachelor 8 years
Doctorate 4 years
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ √ Executive
Officer
N/A Masters
Degree
9 Serves as the liaison between project team and
government on all contractual matters.
Provides executive level oversight\leadership to fully
access required corporate resources.
Participates in key planning meetings, performance
review sessions, and status briefings to ensure that
project direction is in alignment with the contracting
agency's strategic business goals and objectives.
√ √ √ Program
Manager
N/A Masters
Degree
9 Responsible for overall program performance and
ensures compliance with contractual requirements.
Leads strategic planning, budgeting, and staffing
efforts in response to task requirements.
Formulates, communicates, and enforces quality
work standards.
Monitors progress and resolves identified issues
impacting service delivery.
Primary POC with government for reporting
project/contract/task order status/administration.
Consolidated (Professional Services) 15 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ √ Project
Manager
N/A BA/BS 6 Responsible for day-to-day management of a project
and related tasks.
Develops detailed work plans and schedules to
support service requests.
Assigns staff responsibilities, supervises all staff
efforts and directs available resources as necessary
to complete tasking IAW scheduled milestones and
budgetary constraints.
Performs quality checks of all work products.
Interacts continually with government technical
representatives to present interim results, discuss
concerns, and ensure total product/service
satisfaction.
√ √ √ Task/Team
Manager
N/A BA/BS 6 Serves as the task or team manager for a large or
small task orders and/or teams, assisting the project
or program manager in working with the
Government COTR, the task-order level TMs,
Government management personnel and customer
agency representatives.
Under the guidance of the program\project
manager, the Task/Team Manager is responsible for
the overall management of the specific task order(s)
and insuring that the technical solutions and
schedules in the TO are implemented in a timely
manner.
√ √ √ Project Control
Specialist
N/A BA/BS 3 Leads tasks and supervises staff in providing full
financial management and administrative support to
include cost estimation and analysis, budget
formulation and execution, human resource planning
and scheduling, and resource allocation.
√ √ Technical
Writer
Senior BA 6 Prepares various types of publications by integrating
original writing with inputs from technical and non-
technical professionals.
Analyzes industry standards and interprets client
requirements for documentation.
Researches and translates complex technical
information, and rewrites it for clarity and
readability.
Proofreads and performs editorial reviews on all
forms of technical documentation.
Maintains version control over documents and
supporting graphics.
Designs and updates communications
programs/plans in support of clients.
√ √ Journeyman 3
√ √ Junior 0
Consolidated (Professional Services) 16 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Documentatio
n Specialist
Senior BA/BS 6 Formulates and defines systems scope and
objectives based on both user needs and a good
understanding of applicable business systems and
industry requirements.
Conduct an analysis of business and user needs.
Translates needs into proper system requirement
specifications and documents them.
√ Journeyman 3 Reviews content of technical documentation for
quality.
Produces technical and scientific illustrations for
presentations and/or publication.
Ensures that documents follow the style laid out in
the company’s style guide.
√ Junior 0 Prepares various types of publications by integrating
original writing with inputs from technical as well as
non-technical professionals.
Analyzes industry standards and interprets client
requirements for documentation, and establishes
formatted style guides.
Assists in collecting and organizing information
required for preparation of user’s manuals, training
materials, installation guides, proposals, and reports.
Edits functional descriptions, system specifications,
user’s manuals, special reports, or any other
customer deliverables and documents.
√ √ Graphics
Specialist
N/A
HS Diplo 0 Designs and develops graphic illustrations from
sketches and other types of artwork using COTS.
Creates graphic displays as well as in Internet
compatible formats.
Provides scanning, sizing, and enhancement support.
Assists in integrating graphics with text in desktop
publishing media.
√ √ √ Administrative
Assistant
N/A
HS Diplo 0 Performs office administrative and clerical duties
including a variety of support tasks requiring the
collecting, compiling, evaluating, and publishing of
information and statistical data included in
documents, records, forms, reports, plans, policies,
and regulations.
Utilizes Personal Computers (PCs) and packaged
software, including spreadsheet, Word Processing
and graphics to produce reports or briefings.
Maintains correspondence suspense files, records,
files for reports, operating procedures, internal
memorandums, and composes correspondence.
Consolidated (Professional Services) 17 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ BPR Specialist Principal Masters 9 Skilled in functional process improvement
techniques.
Analyzes process flows and descriptions to identify
and eliminate and minimize inefficiencies.
Applies Activity Based Costing to determine true
value of process steps and outputs.
Redesigns operations to achieve improvements in
timeliness, cost, quality, and service delivery.
√ √ Senior BA/BS 6
√ √ Journeyman 3
√ √ Junior 0
√ √ Emerging
Technology
Expert
N/A BS/BA 6 Plans technical architecture for the business
environment and develops architecture strategy to
support business goals, and validates architecture
for validity and performance.
Maps business requirements to products and
provides product overview and strategy.
Designs the planning process and approach as well
as performs data analyses and planning.
Develops, implements, and validates security
requirements.
Conducts pilot testing and develops written
documentation to support the system.
Plans and designs Internet and Intranet web sites.
Conducts TCO analysis, Requirements Analysis (RA),
and Business Case Analysis (BCA).
Prepares business case plans or other
documentation to support findings and
recommendations.
Conducts workflow analyses, technology
assessments, and business related studies.
Prepares plans for, assesses, and implements system
security.
√ √ √ Subject Matter
Expert
Principal MA/MS 9 Provides technical knowledge, subject matter
expertise and analysis of highly specialized
applications and operational environments, high-
level functional systems analysis, design, integration,
documentation and implementation advice on
exceptionally complex problems that need extensive
knowledge of the subject matter for effective
implementation.
Participates as needed in all phases of software
development with emphasis on planning, analysis,
testing, integration, documentation, and
presentation phases.
Applies principles, methods and knowledge of the
functional area of capability to specific task order
requirements, advanced mathematical principles
and methods to exceptionally difficult and narrowly
defined technical problems in engineering and other
scientific applications to arrive at automated
solutions.
Consolidated (Professional Services) 18 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ √ Subject Matter
Expert
Senior BA/BS 6 Provides advanced specialized functional support
required to complete IT tasks.
Provides high-level advice, planning,
troubleshooting, integration, research, design,
development, testing, modeling, simulation and
training on complex work requirements.
Participates as needed in all life cycle phases with
emphasis on planning, analysis, testing, integration,
documentation, training and presentation.
Applies principles, methods, and knowledge of
specific functional or subject matter areas of
expertise to specific task order requirements.
√ Functional
Specialist
Senior BA/BS 6 Formulates and defines functional system scope and
objectives based on both user needs and a thorough
understanding of business systems and industry
requirements.
Devises or modifies procedures to solve complex
problems considering computer equipment capacity
and limitations, operation time, and form of desired
result.
Conducts analysis of business and user needs,
documents requirements, and translates needs into
proper system requirement specifications.
√ Journeyman 3 Under direct supervision, assists in formulating and
defining functional systems scope and objectives
through research and fact-finding combined with an
understanding of business systems and industry
requirements.
Conducts analysis of business and user needs and
documenting requirements.
Revises existing system logic and difficulties as
necessary under direction of experienced senior
functional specialist.
√ Junior 0 Supports more senior staff in the analysis of user
needs to determine functional and cross-functional
requirements.
Performs functional allocation to identify required
tasks and their interrelationships.
Identifies resources required for each task.
Consolidated (Professional Services) 19 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ Operations
Analyst
Senior Masters 6 Provides top-level strategizing, planning, and
forecasting.
Helps allocate resources, measure performance,
schedule, design facilities\systems, manage supply
chains, set prices, coordinate
transportation\distribution, or analyze large
databases.
Works closely with senior managers to identify and
solve a variety of problems.
Gathers information from multiple sources and
studies problems, breaking it into components.
Determines the optimal inventory and
communicates with engineers about production
levels, discusses purchasing arrangements with
buyers, and examines storage-cost data.
Determines the most appropriate analytical
technique.
Based on the results of the analysis, presents
recommendations to managers.
May modify the computer program to consider
different assumptions before presenting the final
recommendation.
Works with others in the organization to ensure the
plan’s successful implementation.
√ √ Journeyman BA/BS 3
√ √ Junior 0
√ √ √ Management
Analyst
Senior Masters 6 Leads tasks and teams in organizational/operations
analysis and enterprise reengineering.
Evaluates and designs organizational structures to
eliminate functional redundancies, increase
efficiency, and establish clear managerial
accountability.
Uses industrial engineering\computer techniques to
facilitate work measurement and process
improvement as well as develops organizational and
process standards and determinants.
Uses Activity Based Management techniques to
perform cost per output and/or cost per function
analysis to facilitate improvement.
Facilitates benchmarking, process mapping, work
measurement, metrics, performance evaluation, and
manpower budget estimates.
√ √ √ Journeyman BA/BS 3
√ √ √ Junior 0
Consolidated (Professional Services) 20 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ Data Modeling
Analyst
Senior BA/BS
6 Responsible for working with systems and business
analysts to identify the data frameworks for
proposed systems, using frameworks such as IDEF
and/or entity relationships.
Integrates system-level data requirements and
architectures into enterprise-level architectures that
meet FEA standards.
Defines data elements that meet business needs and
integrates elements into and overall data
architecture, including meta data that describes the
data elements.
Develops data modes, normalizing data usage to
facilitate efficient system performance.
Researches current systems and processes to
identify candidate data elements and structures for
future systems and analyzes data elements and
flows to ensure accuracy and consistency.
√ √ Journeyman 3
√ √ Junior 0
√ √ √ Quality
Assurance
Analyst
Senior BS/BA 6 Assists with the analysis, review, test, and inspection
of systems, business processes, case documentation
and files, records systems, and documents in
accordance with approved quality procedures and
standards to identify, document, quantify, and
report on errors, omissions, and inconsistencies
from approved standards or applicable instructions.
Follows procedures to generate statistically relevant
samples for populations to be reviewed.
Develops statistical process controls and
improvement techniques and metrics.
Prepares reports of results and recommendations
for improvement and logs and tracks workload
consistent with task requirements.
√ √ √ Journeyman 3
√ √ √ Junior 0
√ √ √ Business
Process
Analyst
Senior BA/BS 6 Responsible for working with customers to
understand business processes and workflows, and
builds models of processes using frameworks
incorporating quantitative information such as
process times and workflow routing.
Analyzes business models to identify bottlenecks
and constraints to current process models as well as
identifies potential improvements and reusable
processes that can be implemented.
Documents improved processes, provides guidance
and training to staff on improved processes, and
provides presentations to management on risks and
benefits of new processes.
Integrates system or organizational process models
into enterprise-level models to ensure maximum
productivity and efficiency as well as oversees and
provides guidance on testing of improved processes
and ultimate implementation of new processes.
√ √ √ Journeyman 3
√ √ √ Junior 0
Consolidated (Professional Services) 21 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ Simulation
Modeling
Analyst
Senior BA/BS 6 Responsible for developing desktop and computer
simulations of current and proposed processes to
test various scenarios for improving business
processes or computer systems, using data provided
by customers or data/process analysts.
Uses commercially available products such as SAS,
Mintab, and SPSS to develop simulations that
accurately reflect current systems and/or
organizational activities, and provide a basis upon
which to test alternatives for improving
system/organizational performance.
Participates in the review and testing of scenarios to
help define the impact of changes to key variables in
the models.
√ √ Journeyman 3
√ √ Junior 0
√ √ √ Cost Analyst Senior BA/BS 6 Leads tasks and supervises staff in providing full
financial management and administrative support to
include cost estimation and analysis, budget
formulation and execution, manpower planning and
scheduling, and resource allocation.
Uses automated project scheduling and cost tracking
software to support critical path and integrated
master planning analysis.
Performs economic analyses for evaluating the total
and marginal costs of alternative ways to accomplish
strategic business functions.
Assists in performing comparative cost studies to
determine whether specified operations should be
privatized or outsourced rather than remain in-
house.
Formulates life cycle cost-benefit analyses and
applies economic and risk methodologies, tools, and
techniques.
√ √ √ Journeyman 3
√ √ √ Junior 0
Consolidated (Professional Services) 22 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ √ Procurement
Specialist
Senior BA/BS
6 Provides supervisory technical guidance and
advisory assistance in data analysis and in the
preparation of supporting acquisition
documentation, including statements of objectives
(SOO), statement of work (SOW) requirements,
quality assurance surveillance plans (QASP),
procurement plans, program descriptions, technical
specifications, source selection evaluation criteria
and plans, and other required solicitation
information.
Ensures relationship integrity between SOW
deliverables and solicitation requirements (e.g.,
Sections B, Pricing; H, Special Contract
Requirements; L, Proposal Preparation Instructions;
and M, Evaluation Criteria).
Primary liaison with Government acquisition
personnel on acquisition related study issues
affecting task completion (e.g., property issues,
security issues, contract type issues, etc.).
Conducts market surveys and performance/best
practice benchmarking.
Reviews Request for Proposal (RFP) packages for
conformance with procurement regulations and
develops or validates independent government cost
estimates (IGCE).
Leads development of technical performance plan
(TPP) IAW the solicitation (Best Value).
Provides technical assistance in vendor/acquisition
contractor proposal evaluation, COTS/GOTS analysis,
source selection, acceptance testing and
performance monitoring.
√ √ √ Journeyman 3
√ √ Research
Analyst
N/A BA/BS 3 Gathers information and statistical data.
Analyzes data on past performance to predict future
results.
Devises methods and procedures for obtaining the
data they need.
Often designs surveys to assess preferences through
Internet, telephone, or mail responses.
Evaluates data and makes recommendations to
clients or employer.
Provides management with information needed to
make decisions on the promotion, distribution,
design, and pricing of products or services.
May develop promotional brochures, plans, and
events.
Consolidated (Professional Services) 23 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Consultant Principal MA/MS 9 Manages and implements large, complex
information technology systems.
Advises senior executives on effective utilization of
information technology systems and reengineering
to meet business objectives.
Identifies user requirements and describes services
available or refers inquiries to other staff within
installation.
Provides technical support of a limited scope to
users and assists them in defining and solving
computing problems within well-defined areas of
responsibility.
√ Senior 6 Manages the project work as defined by the client
contract.
Leads medium to large complex projects and major
phases of very large projects.
Manages the fact-finding, analysis and development
of hypothesis/conclusions, production of final
reports and delivery of presentations.
Responsible for ensuring that the project delivers to
client expectations on time and to budget.
√ Journeyman BA/BS 3 Leads major portions of large or medium projects,
and leads small projects autonomously.
Gathers facts through research, interviewing,
surveys, etc.
Analyzes the client’s business, draws conclusions,
prepares final reports and gives presentations.
Uses in-depth consultative skills and business
knowledge to practice business objectives and
processes.
√ Junior 0 Serves as an expert in large integrated systems and
applies experience with several ADP architectures
and platforms in an integrated environment.
Stays current with advances in information
technology.
Assists in the analysis of current and projected
services maintenance personnel and facility
requirements.
Designs interfaces to allow incompatible equipment
to function as a unified system.
√ Enterprise
Architect
Senior MA/MS 6 Provides high-level architectural expertise to
managers and technical staff.
Develops architectural products and deliverables for
the enterprise and operational business lines.
Develops strategy of system and the design
infrastructure necessary to support that strategy.
Advises on selection of technological purchases with
regards to processing, data storage, data access, and
applications development.
Consolidated (Professional Services) 24 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Enterprise
Architect
Journeyman BA/BS 3 Applies an enterprise-wide set of disciplines for the
planning, analysis, design and construction of
information systems on an enterprise-wide basis or
across a major sector of the enterprise.
Develops analytical and computational techniques
and methodology for problem solutions.
Utilizes performance analysis to predict
performance trends, and identify unique and
systemic performance anomalies.
Provides specialized knowledge of systems
operations, risk management principals, and leading
edge industry technologies to develop enterprise
level migration and consolidation plans that result in
minimum risk, optimum performance solutions.
√ Solutions
Architect
Senior BA/BS 6 Manages the overall architecture of a technical
solution, as defined by the client contract. Leads the
solution architecture for medium to large complex
projects and major phases of very large projects.
Manages the fact-finding, analysis and development
of hypothesis/conclusions, production of final
reports and delivery of presentations.
Responsible for ensuring sound architectural design
and solution integration, and that the project
delivers to client expectations on time and to
budget.
√ Journeyman 3 Under general supervision, formulates and defines
systems scope and objectives based on both user
needs and a good understanding of applicable
business systems and industry requirements.
Devises or modifies procedures to solve complex
problems considering computer equipment capacity
and limitations, operating time, and form of desired
results.
Conducts analyses of business and user needs,
documentation of requirements, and translation
into proper system requirement specification.
√ Junior 0 Under direct supervision, assists in formulating and
defining solution scope and objectives through
research and fact-finding combined with an
understanding of business systems and industry
requirements.
Conducts analyses of business and user needs,
documenting requirements, and revising existing
solutions and system logic and difficulties as
necessary under direction of experienced Solution
Architect.
Consolidated (Professional Services) 25 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Configuration
Management
Analyst
Principal BA/BS 9 Formulates and defines systems scope and
objectives based on both user needs and a good
understanding of applicable business systems and
industry requirements.
Conducts analyses of business and user needs,
documentation requirements, and translation into
proper system requirement specifications.
√ Senior 6 Leads tasks and supervises staff in preparing
configuration management plans and procedures,
performs configuration audits, monitors trouble
reports and change requests, evaluates and selects
tools to automate the change control process, and
provides status accounting support.
Assists in the evaluation, definition, standardization,
and tracking of data elements and object names.
√ Configuration
Management
Analyst
Journeyman BA/BS 3 Defines system and project requirements.
Designs entire system to meet defined
requirements.
Works out the details of functional and design
requirements, systems design, programming
specifications, data elements, data validation
specifications, data capture mechanisms, and data
conversion procedures through discussions with
Government staff and own superiors.
Provides technical expertise, direction and
supervision to lower level personnel.
√ Junior 0 Participates in/supports the preparation of
configuration management plans and procedures,
performs configuration audits.
Describes provision for configuration identification,
change control, configuration status accounting, and
configuration audits.
Regulates the change process so that only approved
and validated changes are incorporated into product
documents and related software.
Determines entity relationships, assigns attributes,
and develops procedures for maintaining enterprise
data models.
Consolidated (Professional Services) 26 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Training
Specialist
Principal BA/BS 9 Manages and implements large, complex
information technology systems.
Advises senior executives on effective utilization of
information technology systems and reengineering
to meet business objectives and in particular
learning and training.
Identifies client and business requirements and
describes training services available or refers
inquiries to other staff specialized in that learning or
training methodology or solution.
Provides advanced technical support of a limited
scope to users and assists them in defining and
solving computing problems within well-defined
areas of responsibility.
√ Senior 6 Plans and leads major technology assignments.
Coordinates the assessment, design, and
conceptualization of training scenarios, approaches,
objectives, plans, tools, aids, curriculums, and other
state of the art technologies related to training and
behavioral studies.
Identifies the best approach training requirements
including hardware, software, simulations, course
assessment and refreshment, etc.
Develops and revises training courses.
Prepares training catalogs and course materials.
Trains personnel in more advanced/complex
courseware by conducting formal classroom courses,
workshops and seminars.
√ Journeyman 3 Assesses, designs, and conceptualizes training
scenarios, approaches, objectives, plans, tools, aids,
curriculums, and other state of the art technologies
related to training and behavioral studies.
Identifies the best approach training requirements
including hardware, software, simulations, course
assessment and refreshment, etc.
Develops and revises training courses; prepares
training catalogs and course materials.
Trains personnel by conducting formal classroom
courses, workshops and seminars.
Consolidated (Professional Services) 27 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Training
Specialist
Junior BA/BS 0 Assists in the assessment, design, and
conceptualization of training scenarios, approaches,
objectives, plans, tools, aids, curriculums, and other
state of the art technologies related to training and
behavioral studies.
Helps identify the best approach training
requirements including hardware, software,
simulations, course assessment and refreshment,
etc.
Under guidance of a higher level training specialist,
develops and revises training courses; prepares
training catalogs and course materials.
Trains personnel by conducting formal classroom
courses, workshops and seminars.
√ √ Project
Engineer
Senior BA/BS 6 Responsible for analyzing and recommending
engineering and process improvements.
Leads initiatives to implement continuous process
improvement.
Identifies opportunities for optimizing business and
operating processes to enhance efficiency, reduce
cost and meet customer requirements.
Meets with internal and external customers to
identify and discuss areas where improvements
would contribute to greater efficiency, such as
through process changes or new technology.
Conducts operations analyses to identify
opportunities to improve efficiency or reduce costs
in process areas.
Analyzes facility and service delivery efficiency and
costs.
Records and analyzes productivity metrics.
Provides training on how to carry out process
improvement and how to structure a business case
for future changes to business processes.
√ √ Journeyman 3
√ √ Junior 0
√ Facilitator Senior BA/BS 6 Skilled in listening\participative techniques, with
questions to stimulate creative solutions.
Sets meeting agenda; conveys purpose and scope;
and maintains order and timelines.
Assists group in collaborative processes to achieve
consensus and make informed decisions.
Summarizes discussion points, records minutes, and
documents findings/conclusions.
Coordinates post-meeting logistics and action plans.
√ Journeyman 3
Consolidated (Professional Services) 28 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Statistician Senior Masters
Degree
6 Studies and improves statistical theories and
methodologies as well as develops mathematical
models, applies statistical concepts, and conducts
research for practical application.
Plans and organizes statistical surveys, including the
design of questionnaires.
Advises on various data collection methods and
techniques, and supports determining the reliability
of findings as well as processes, analyzes and
interprets data from various sources.
Compiles papers, reports, charts, and tables based
on established statistical methods.
√ Journeyman BA/BS 3
√ Junior 0
√ Market
Research
Analyst
Senior BA/BS 6 Leads tasks and supervises staff in analyzing
enterprise-wide operations to determine functional
requirements and identify necessary supporting IT
and resources.
Provides legislative analysis and rulemaking support
to assess programmatic impact of proposed
regulations and directives.
Conducts market research, industry surveys, and
technology demonstrations to determine best
strategy or fit to a need or to evaluate options.
Produces annual reports, executive briefings,
conference proceedings, brochures, and other
outreach materials to support information
dissemination and technology transfer.
√ Journeyman 3
√ Junior 0
√ Multi Media\
Design
Engineer
Senior BA/BS 6 Plans, analyzes, and creates visual solutions to
communications problems.
Finds the most effective way to get messages across
in print, electronic, and film media using methods
such as color, type, illustration, photography,
animation and print techniques.
Develops the overall layout and production design of
magazines, newspapers, journals, corporate reports,
and other publications.
Produces promotional displays, packaging, and
marketing brochures for products and services,
designs distinctive logos for products and
businesses, and develops signs and signage
systems—called environmental graphics—for
business and government.
Develops material for Internet Web pages,
interactive media, and multimedia projects.
May produce the credits that appear before and
after television programs and movies.
√ Journeyman 3
Consolidated (Professional Services) 29 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Survey
Specialist
Senior BA/BS 6 Gathers information on organizations\operations,
focusing on designing\conducting surveys.
Designs surveys in different formats, depending on
research scope and collection method.
Collects information that is used in performing
research, making fiscal or policy decisions,
measuring the effectiveness of those decisions, or
improving customer satisfaction.
May conduct opinion research to determine public
attitudes on issues and use mediums to conduct
surveys, such as the Internet, persona\telephone
interviews, or mailed questionnaires.
May supervise interviewers who conduct surveys in
person or over the telephone.
May consult with economists, statisticians, market
research analysts, or other data users in order to
design surveys. May present survey results to
clients.
√ Journeyman 3
√ Data Analyst Senior BA/BS 6 Conducts research, collect and analyze data, monitor
economic trends, or develop forecasts.
Researches a wide variety of issues including energy
costs, inflation, interest rates, exchange rates,
business cycles, taxes, and employment levels,
among others.
Develops methods for obtaining the data they need.
For example, sampling techniques may be used to
conduct a survey and various mathematical
modeling techniques may be used to develop
forecasts.
Prepares reports, including tables and charts, on
research results.
Presents economic and statistical concepts in a clear
and meaningful way.
May specialize in a particular area, but knowledge of
basic economic principles is essential.
√ Journeyman 3
√ Junior 0
Consolidated (Professional Services) 30 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ √ Outreach
Publications
Specialist
Senior BA 6 Serves as advocates for client organizations and
programs and builds and maintains positive
relationships with the public.
Incorporates strategy and policy of programs in
public relations outreach material.
Handles organizational functions such as media,
community, consumer, industry, and governmental
relations; political campaigns; interest-group
representation; conflict mediation; and employee
and investor relations.
Understands the attitudes and concerns of
community, consumer, employee, and public
interest groups and establishes and maintains
cooperative relationships with them and with
representatives from print and broadcast
journalism.
Drafts press releases and contacts people in the
media who might print\broadcast material.
Arranges and conducts programs to keep up contact
between organization representatives and the
public.
Keeps the public or clients informed about the
activities of agencies and officials.
√ √ Journeyman 3
√
Data
Technician
N/A HS Diplo
0 Assembles, reviews and inputs information, making
sure records are complete, all forms are completed
and properly identified\authenticated, and
necessary information is in computer.
Communicates with supervisors and professionals to
clarify or obtain additional information.
Uses computer programs to tabulate and analyze
data to improve service, better control cost, provide
documentation for use in legal actions, or use in
research studies.
May be expected to code data and input data for
computer processing as well as identify and resolves
production related errors.
Maintains and revises procedural lists, control
records and coding schemes to process source data.
Consolidated (Professional Services) 31 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 874 Labor
Category Level Educ Yrs Responsibilities\Skill Level 1 6 7
√ Data Entry
Clerk
N/A H.S. Diplo 0 Inputs various lists of items, numbers, or other data
into computers or complete forms that appear on a
computer screen.
Manipulates existing data, edits information, or
proofreads entries into database for accuracy.
Uses various types of equipment to enter data,
including ones that convert information to magnetic
impulses on tapes or disks for entry into a computer
system, use composing software (for publications),
online terminals or personal computers, non-
keyboard forms of data entry (e.g., scanners), and
character recognition systems.
Consolidated (Professional Services) 32 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
Labor Categories Awarded Under SINs C871-1, C871-2, C871-3, C871-4, C871-5, C871-6
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ Executive
Officer
N/A BS/BA 9 Serves as the liaison between project team and
government on all binding contractual matters.
Provides executive level oversight and leadership to
fully access all required corporate resources.
Participates in key planning meetings, performance
review sessions, and status briefings to ensure that
project direction is in alignment with the contracting
agency's strategic business goals and objectives
√ √ √ √ √ √ Program
Manager
I BS/BA 5 Coordinates and monitors the scheduling, pricing,
and technical performance of program.
Responsibilities include aiding in the negotiation of
contracts and contractual changes and coordinating
preparations of proposals, plans, specifications, and
financial conditions of contracts.
Familiar with quality concepts, practices, and
procedures.
Develops strategic business approaches.
Ensures adherence to master plans and schedules;
develops solutions to program problems; and directs
work of incumbents assigned to program from
various departments.
Ensures projects are completed on time and within
budget.
Supervises and acts as advisor to program teams
regarding projects, tasks, and operations.
Relies on experience and judgment to plan and
accomplish goals.
Formulates, communicates, and enforces quality
work standards.
Serves as primary point-of-contact with government
contract management staff for reporting project
status and negotiating change orders.
Consolidated (Professional Services) 33 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II BS/BA 10 Possesses professional experience in managing and
conducting multi-project/multi-task contract
assignments.
Monitors the scheduling, pricing, and technical
performance of programs.
Responsibilities include aiding in the negotiation of
contracts and contractual changes and coordinating
preparations of proposals, plans, specifications, and
financial conditions of contracts.
Familiar with quality concepts, practices, and
procedures.
Develops strategic business approaches.
Ensures adherence to master plans and schedules;
develops solutions to program problems; and directs
work of incumbents assigned to program from
various departments.
Ensures projects are completed on time and within
budget.
Supervises and advises program teams regarding
projects, tasks, and operations.
Relies on experience and judgment to plan and
accomplish goals.
Formulates, communicates, and enforces quality
work standards.
Serves as primary point-of-contact with government
contract management staff for reporting project
status and negotiating change orders.
Creativity and latitude is required.
√ √ √ √ √ √ Project
(Task Order)
Manager
I BS/BA 6 Responsible for handling the day to day
management and administration of project tasks.
Develops detailed work plans and schedules in
response to support service requests.
Assigns staff responsibilities and supervises all staff
efforts.
Utilizes, maintains control over, and redirects
available resources as necessary to complete
taskings in accordance with scheduled milestones
and budgetary constraints.
Performs quality checks of all work products.
Interacts continually with government technical
representatives to present interim results, discuss
concerns, and ensure total product/service
satisfaction.
Assists, coordinates with and supports the Program
Manager.
Stays informed of the day-to-day status of the
program, projects, and staff.
Consolidated (Professional Services) 34 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II BS/BA 9 Responsible for the coordination and completion of
projects and tasks.
Oversees all aspects of the assigned area of
responsibility.
Sets deadlines, assigns work, and monitors,
summarizes and reports progress.
Prepares reports for upper management regarding
task order status.
Position requires familiarity with the assigned
subject matter area concepts, practices, and
procedures.
Relies on experience and judgment to plan and
accomplish goals.
Performs a wide range of work and management
tasks.
Supervises and directs the work of others.
Administers personnel functions including candidate
interviews, project staff hiring, review and approval
of job descriptions, selection and placement of
personnel, conduct of performance evaluations, and
recommending salary adjustments.
Oversees operations when the Program Manager is
unavailable
√ √ √ √ √ √ Acquisition
Engineer
I BS/BA 0 Supports the preparation of acquisition
documentation including a statement of objectives
(SOOs), statement of work (SOW) requirements,
procurement plans, program descriptions, technical
specifications, and other required solicitation
information.
Reviews Request for Proposal (RFP) packages for
conformance with all aspects of relevant
procurement regulations and validates independent
government cost estimates (IGCEs).
√ √ √ √ √ √ II BS/BA 3 Provides technical guidance and advisory assistance
in the preparation of supporting acquisition
documentation including a statement of objectives
(SOOs), statement of work (SOW) requirements,
procurement plans, program descriptions, technical
specifications, and other required solicitation
information.
Reviews Request for Proposal (RFP) packages for
conformance with all aspects of relevant
procurement regulations and validates independent
government cost estimates (IGCEs).
Provides technical assistance in vendor/acquisition
contractor proposal evaluation, COTS/GOTS product
analysis, source selection, acceptance testing, and
performance monitoring against established
benchmarks.
Consolidated (Professional Services) 35 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ III BS/BA 6 Source of domain expertise in relevant functional
areas such as system engineering, business case
analysis, data quality management methodologies
and modeling techniques, information architecture,
and object oriented technology.
Provides technical guidance and advisory assistance
in the preparation of supporting acquisition
documentation including a statement of objectives
(SOOs), statement of work (SOW) requirements,
procurement plans, program descriptions, technical
specifications, and other required solicitation
information.
Reviews Request for Proposal (RFP) packages for
conformance with all aspects of relevant
procurement regulations and validates independent
government cost estimates (IGCEs).
Provides technical assistance in vendor/acquisition
contractor proposal evaluation, COTS/GOTS product
analysis, source selection, acceptance testing, and
performance monitoring against established
benchmarks.
√ √ √ √ √ √ Configuration
Control
Engineer
I BS/BA 0 Ability to serve as secretary for Configuration
Control Boards (CCBs) to help ensure all baseline
changes are approved before initiation.
Ability to maintain allocated, functional and physical
baseline control and ability to perform audit
support.
Maintains configuration control records and
technical documents.
Works closely with quality assurance and
management representatives to ensure accurate
and well-documented product baseline.
Consolidated (Professional Services) 36 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II BS/BA 3 Demonstrated experience and ability to provide
configuration baseline control throughout the life
cycle of highly complex systems and components.
Demonstrated experience and ability to establish
and/or maintain a system to record modifications to
equipment or documentation.
Ability to facilitate Configuration Control Boards
(CCBs) to help ensure all baseline changes are
approved before initiation.
Ability to maintain allocated, functional and physical
baseline control and ability to perform audit
support.
Able to review all engineering change requests to
assess impact upon configuration baseline and
logistics support elements.
Works closely with quality assurance and
management representatives to ensure accurate
and well-documented product baseline.
√ √ √ √ √ √ III BS/BA 6 Demonstrated ability to lead or supervise a team of
configuration management specialists.
Demonstrated experience and ability to provide
configuration baseline control throughout the life
cycle of highly complex systems and components.
Demonstrated experience and ability to establish
and/or maintain a system to record modifications to
equipment or documentation.
Ability to advise Configuration Control Boards (CCBs)
to help ensure all baseline changes are approved
before initiation.
Ability to maintain allocated, functional and physical
baseline control and ability to perform audit
support.
Able to review all engineering change requests to
assess impact upon configuration baseline and
logistics support elements.
Maintains configuration control records and
technical documents.
Works closely with quality assurance and
management representatives to ensure accurate
and well-documented product baseline.
Prepares directives for change authorization and
implementation.
√ √ √ √ √ √ Engineering
Analyst
I BS/BA 0 Supports a variety of engineering tasks which are
broad in nature and are concerned with the design
and implementation of support facilities and/or
equipment.
Supports engineering research and other
assignments in conformance with customer
specifications.
Consolidated (Professional Services) 37 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II BS/BA 3 Performs a variety of engineering tasks which are
broad in nature and are concerned with the design
and implementation of support facilities and/or
equipment.
Performs engineering research, design
development, and other assignments in
conformance with customer specifications.
Coordinates the activities of Technicians assigned to
specific engineering projects.
√ √ √ √ √ √ III BS/BA 6 Leads a variety of engineering tasks which are broad
in nature and are concerned with the design and
implementation of support facilities and/or
equipment.
Supervises team of engineers and technicians
through project completion.
Plans basic research, design development, and other
engineering assignments in conformance with
customer specifications.
Responsible for conduct of major
technical/engineering projects of high complexity.
Engineering
Support
Specialist
I BS 0 Supports conduct of systems and operations
analysis.
Familiar with techniques and tools of analysis, e.g.,
modeling and simulation, operations research
techniques, functional decomposition, surveys, and
business process reengineering.
Gathers and organizes information on operating
problems and procedures.
Implements operational tests and assessments, and
maintains functional and operating documentation.
√ √ √ √ √ √ II BS 3 Performs operational analyses.
Develops and implements operational tests and
assessments.
Develops and maintains functional and operating
documentation.
Performs assignments that are not completely
standardized or prescribed, selects or adapts
standard procedures or equipment, using fully
applicable precedents, receives initial instructions,
equipment requirements, and advice from
supervisor or engineer as needed.
Operates standard test equipment and records test
data; extracts and compiles a variety of engineering
data from field notes, manuals, and lab reports.
Consolidated (Professional Services) 38 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ III BS 6 Analyzes data, develops information, and assesses
available solutions or alternate methods of
proceeding.
Takes lead role in: constructing components,
subunits, or simple models or adapts standard
equipment; troubleshooting and correcting
malfunctions; following specific layout and scientific
diagrams to construct and package simple devices
and subunits of equipment; conducting various tests
or experiments which may require minor
modifications in test setups or procedures;
processing data, identifying errors or
inconsistencies, selecting methods of data
presentation; assisting in design modification by
compiling data related to design, specifications, and
materials that are pertinent to specific items of
equipment or component parts; developing
information concerning previous operational failures
and modifications, and using judgment and initiative
to recognize inconsistencies or gaps in data and seek
sources to clarify information.
Conducts analysis of systems, operations, and
management problems.
Provides on-site engineering support in the test,
operations and maintenance of complex systems.
Recommends design modifications and prepares
procedures for test and validation of critical
systems.
Develops schedules and support documentation for
proposed incorporation of system modifications.
Formulates procedures and schedules for field
operations and maintenance of systems.
Consolidated (Professional Services) 39 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ IV BS 9 Assigns work and provides technical direction to
Engineering Systems Specialists.
Directs engineering studies and surveys to develop
work modification and installation packages for
accomplishment of assigned tasks.
Prepares work packages in accordance with current
procedures and provides on-site engineering.
Supervises installation and checkout phases.
Directs on-site engineering as required for system
fault isolation and restoration, or test and launch
support as directed.
Identifies and analyzes system failures and
recommends substitutes, modifications, or design
changes to all systems.
Coordinates with clients and trains users to ensure
smooth implementation and functional performance
of new systems, procedures, or organizations.
Manages design reviews of design modification
packages with customer to ensure that
specifications and requirements are met before
implementation.
Supervises logistic surveys and prepares purchase
requests to meet installation material commitments.
Reviews Work Orders/Design Packages from
engineering for possible technical problems.
Reviews trouble tickets and trouble log for failure
trends and takes appropriate action.
Prepares and issues work authorizing documents to
accomplish extensive changes/modifications.
Initiates system design which involves investigation
and incorporation of engineering systems.
√ √ √ √ √ √ Engineering
Technician
I BS/BA 0 Supports the fabrication, installation, modification,
and functional check-out of electro-mechanical
devices and systems.
Operates test equipment required to evaluate
system performance.
Performs both preventive and corrective
maintenance tasks.
Records data and obtains measurements for system
readiness and acceptance testing.
Maintains activity logs and documentation of all
work performed.
Consolidated (Professional Services) 40 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II BS 3 Fabricates, installs, modifies, refurbishes,
functionally checks, operates, monitors, and
maintains electrical, electro-mechanical, or
electronic devices and systems.
Evaluates system performance.
Repairs electrical, electronic or mechanical devices,
equipment and systems to incorporate specified
changes.
Monitors test systems in support of operational
launches and/or emergencies.
Validates systems, devices, and equipment and
provides direct technical support to customer
engineering representatives.
Analyzes measurement data for system readiness
and acceptance.
Prepares equipment operational procedures.
√ √ √ √ √ √ III BS/BA 6 Performs work orders and transmits work
assignments and work instructions to those engaged
in the fabrication, installation, modification,
refurbishment, functional checkout, operation,
monitoring, and maintenance of electrical, electro-
mechanical and electronic devices and systems.
Directs, participates in, and monitors progress
towards completion of the fabrication, installation,
modification, refurbishment, operation, or
maintenance of various electrical, electro-
mechanical, and electronic devices, equipment and
systems.
Coordinates activities of technical personnel under
his direction with those of supervisory or
engineering personnel.
Acts as liaison between customer and contractor
personnel.
Provides status of work assignments, identifies
problem areas and recommends appropriate
solutions.
Operates primary consoles in support of tests and
launches.
Consults with engineering personnel, work
originators, and supervision to correct on-site
problems, modify work plans or recommend
alternative procedures.
Assures technical feasibility of prescribed tasks and
makes a final survey of responsibility.
Performs independent on-site engineering and
critical troubleshooting.
Consolidated (Professional Services) 41 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ Logistics
Engineer
I AS/TECH 0 Supports product workflow by analyzing and
developing logistics plans that affect production,
distribution, and inventory.
Creates procedures for distribution and inventory
management to maximize customer satisfaction and
minimize cost.
√ √ √ √ √ √ II BS/BA 3 Performs tasking associated with engineering or
acquisition projects.
Prepares integrated logistic plans, policies and
procedures for major systems.
Ensures that proper logistic considerations are
included in the development processes at each
major milestone.
Performs analyses to determine system
maintainability, reliability and supportability
requirements.
Develops system maintenance concepts and plans;
life-cycle supply requirements; and processes to
meet supply requirements.
Performs cost analyses associated with systems
logistic support and develops and reviews systems
acquisition projects' operating plans and procedures
to ensure logistic support considerations are
included.
Performs technical training, configuration
management and quality assurance.
Consolidated (Professional Services) 42 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ III BS/BA 6 Supervises logistics support personnel.
Analyzes, recommends approaches, and plans for
the delivery of logistics elements in compliance with
current Industry and Government practices.
Ensures that proper logistics considerations are
included in system development processes at each
major milestone.
Prepares integrated plans, policies, and procedures
for logistic support.
Performs cost analysis associated with systems
logistic support.
Plans and manages cost and schedule of assigned
tasks and projects.
Develops, directs, coordinates, and controls
technical and administrative activities for one or
more logistics, acquisition, training, technical, or
engineering programs.
Makes judgments and provides advice on the
resolution of technical, schedule, performance, and
budgetary problems.
Performs and directs logistics engineering studies
and analyses to determine the impact of advanced
technology and other matters on supportability or
the impact of instructions and directives on logistics.
Performs systems logistics integration and
requirements analysis.
√ √ √ √ √ √ Scientific/
Engineering
Professional
I BS 0 Supports system integration, configuration
management, quality assurance testing, or
acquisition and resource management.
Evaluates system components related to
engineering or functional requirements of
operational systems or support systems.
Familiar with commonly-used systems engineering
concepts, methods and procedures.
Relies on instructions from supervisor and pre-
established procedures and guidelines to perform
the job functions.
√ √ √ √ √ √ II BS 3 Applies engineering tools to perform system
integration, configuration management, quality
assurance testing, or acquisition and resource
management.
Analyzes, implements, or tests system components
related to engineering or functional requirements of
operational systems or support systems.
Implements systems engineering concepts, methods
and procedures.
Reviews operating procedures to clarify objectives.
Prepares documentation to describe system
development, logic, coding, and corrections.
Consolidated (Professional Services) 43 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ III BS 6 Leads the use of advanced methods, theories, and
research techniques in the investigation of complex
systems design requirements and problems and
their solutions.
Applies engineering experience to perform system
integration, configuration management, quality
assurance testing, or acquisition and resource
management.
Designs and develops system components related to
engineering or functional requirements of
operational systems or management support
systems.
Organizes and documents study findings and
prepares recommendations for implementation.
Analyses the future impacts of systems engineering
needs and plans on enterprise goals and objectives.
Oversees staff members as they work with users to
identify, define and validate system requirements.
Supervises system testing and certification.
Experienced with and detailed knowledge of
systems engineering standards, concepts, and
practices.
Relies on extensive experience and judgment to plan
and accomplish goals.
Consolidated (Professional Services) 44 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ IV BS 9 Designs and implements advanced methods,
theories, and research techniques in the
investigation of complex systems design
requirements and problems and their solutions.
Applies engineering experience to perform system
integration, configuration management, quality
assurance testing, or acquisition and resource
management.
Analyzes, designs, develops, implements, tests, or
evaluates system components related to
engineering or functional requirements of
operational systems, support systems, or
management information systems
Organizes and documents study findings and
prepares recommendations for implementation.
Supervises technical teams and staff in performing
requirements analysis, requirements verification,
integration and test, certification, and formal
qualification activities.
Recommends technical solutions to difficult
problems.
Provides support in the development of strategies
for system-level activities.
Develops future strategies and plans.
Identifies equipment and facility needs required to
support test activities.
Directs the analysis of system and subsystem
requirements.
Manages integration and test activities.
Reviews and approves requirement verification
plans and procedures and makes recommendations
in the event that anomalies are identified.
Provides technical oversight of system certification
plans and procedures.
Demonstrates thorough understanding of and wide
experience with technical principles, theories, and
concepts in the field of scientific/systems
engineering, and general knowledge of other related
disciplines.
Consolidated (Professional Services) 45 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ Subject Matter
Expert
I BS/BA 0 Provides specialized scientific and engineering
related support required to complete various
technical tasks.
Provides troubleshooting, integration, research,
design, development, testing, modeling, simulation
and training on the most complex work
requirements.
Participates as needed in all phases of engineering
and systems development with emphasis on the
planning, analysis, testing, integration,
documentation, training and presentation phases.
Applies principles, methods, and knowledge of
specific functional areas of expertise to specific task
order requirements.
√ √ √ √ √ √ II BS/BA 3 Provides advanced specialized scientific, engineering
and other functional support required to complete
technical tasks.
Provides high-level advice, planning,
troubleshooting, integration, research, design,
development, testing, modeling, simulation and
training on the most complex work requirements.
Participates as needed in all phases of systems
engineering development with emphasis on the
planning, analysis, testing, integration,
documentation, training and presentation phases.
Applies principles, methods, and knowledge of
specific functional areas of expertise to specific task
order requirements.
Conveys detailed work instructions, equipment
requirements, and advice in support engineering
operations.
Consolidated (Professional Services) 46 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ III BS/BA 6 Provides advanced specialized scientific, engineering
and other functional support required to complete
high technology projects.
Provides enterprise-wide, advisory assistance in the
planning, troubleshooting, integration, research,
design, development, testing, modeling, simulation
and training on the most complex work
requirements.
Participates as needed in all phases of systems
engineering development with emphasis on the
planning, analysis, testing, integration,
documentation, training and presentation phases.
Applies advanced principles, methods, and
knowledge of specific functional areas of expertise
to specific task order requirements.
Brings inter-organizational perspective and insight in
applying technical principles, theories, and concepts
in the field of systems engineering and related
analytical disciplines.
√ √ √ √ √ √ Test and
Evaluation
Engineer
I BS/BA 0 Assists with the physical testing of a prototype
and/or first article(s) testing, environmental testing,
independent verification and validation, reverse
engineering and simulation and modeling.
Assist with system safety testing and quality
assurance.
Provides support for testing of a variety of standard
and diversified equipment, products and
components for compliance to specifications.
Sets up test apparatus and using a variety of
measuring devices/instruments.
Participates in the definition of tests plans,
participates in test planning working groups and aids
the execution of the overall T&E Program.
Reviews test documentation and supports test
execution.
Consolidated (Professional Services) 47 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II BS/BA 3 Provides program test support, analysis and input on
large testing projects and leadership on smaller
testing or development efforts.
Performs testing of a variety of standard and
diversified equipment, products and components for
compliance to specifications.
Provides test planning support, participates in
reviews and supports the development of test
strategies.
Participates in the definition of tests plans and T&E
forecast planning, supports test planning working
groups and supports the execution of the overall
T&E Program.
Reviews test documentation, conducts assessments
and makes recommendations.
√ √ √ √ √ √ III BS/BA 6 Manages test program from planning through
execution and analysis for entire program.
Provides senior-level guidance for test planning
activities, develops test strategies, creates test
plans, identifies simulation activities and performs
and documents T&E forecast planning.
Also directs test planning working groups and
supervises the execution of the overall T&E
Program.
Develops test documentation, and guides the test
execution program through verification planning,
execution, and results analysis to insure User
Requirements compliance.
√ √ √ √ √ √ Technical
Writer/Editor
I AS/TECH 0 Supports preparation of various types of
publications by integrating original writing with
inputs from technical and non-technical
professionals.
Analyzes industry standards and interprets client
requirements for documentation.
Researches technical information, and rewrites it for
clarity and readability.
Proofreads and performs editorial reviews on all
forms of technical documentation.
Maintains version control over documents and
supporting graphics.
Designs and updates communications
programs/plans in support of clients.
Consolidated (Professional Services) 48 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ II AS/TECH 3 Prepares various types of publications by integrating
original writing with inputs from technical and non-
technical professionals.
Analyzes industry standards and interprets client
requirements for documentation.
Researches and translates complex technical
information, and rewrites it for clarity and
readability.
Proofreads and performs editorial reviews on all
forms of technical documentation.
Maintains version control over documents and
supporting graphics.
Designs and updates communications
programs/plans in support of clients.
√ √ √ √ √ √ III AS/TECH 6 Writes and/or edits technical documents, including
business proposals, reports, manuals, briefings and
presentations, guidelines, and other project
deliverables to meet contract requirements.
Reviews and edits documents developed by others
to ensure accuracy and quality of content,
organization, language, format consistency, and
conformance with established standards; works with
technical staff to develop documentation
requirements; develops outlines and drafts for
review and approval by technical specialists and
project management; and ensures that final
documents meet applicable contract requirements
and regulations.
Researches and gathers technical and background
information for inclusion in project documentation
and deliverables.
Consults relevant information sources, including
library resources, technical and financial documents,
and client and project personnel, to obtain
background information, and verifies pertinent
guidelines and regulations governing project
deliverables.
Consolidated (Professional Services) 49 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ Graphics
Design
Specialist/
Tech Illustrator
I BS/BA 0 Creates graphic materials based on pre-set
standards.
Supports design of projects from conception to
completion.
Experienced in desktop layout, image manipulation,
and some pre-press preparation.
Designs other visuals such as logos, mastheads, and
illustrations for articles in technical manuals, health
journals, and other publications.
Uses desktop publishing, page layout, or typesetting
software to design and develop high quality textual
and graphic compositions to communicate technical
information.
√ √ √ √ √ √ II BS/BA 3 Uses computer based graphics and other media to
provide program-wide graphics for studies, reports,
analyses and presentations.
Possesses specialized skills in Web, multimedia, or
video.
Designs other visuals such as logos, mastheads, and
illustrations for articles in technical manuals, health
journals, and other publications.
Develops a system for scheduling and tracking
requests for graphics/artwork to insure timely and
efficient completion of all work products.
Uses advanced desktop publishing, page layout, or
typesetting software to design and develop high
quality textual and graphic compositions to
communicate complex technical information.
√ √ √ √ √ √ III BS/BA 6 Leads graphic design and multi-media efforts using
computer based tools.
Conceptualizes, designs, and develops a wide variety
of information materials (technical, promotional,
informational), such as forms, labels, brochures,
meeting and conference handouts, slides, posters,
and other presentation aids.
Designs other visuals such as logos, mastheads, and
illustrations for articles in technical manuals, health
journals, and other publications.
Develops a system for scheduling and tracking
requests for graphics/artwork to insure timely and
efficient completion of all work products.
Uses advanced desktop publishing, page layout, or
typesetting software to design and develop high
quality textual and graphic compositions to
communicate complex technical information.
Consolidated (Professional Services) 50 Abacus Technology Corporation
July 1, 2015 Contract No.: GS00F191CA
SIN(s) 871 Labor Category Level Educ Yrs Responsibilities\Skill Level 1 2 3 4 5 6
√ √ √ √ √ √ Administrative
Assistant
I HS/GED 0 Maintains a close and highly responsive relationship
to the day-to-day activities of the supervisor and
staff.
Performs various clerical and secretarial duties
requiring knowledge of office routine and an
understanding of the organization, programs, and
procedures related to the work of the office.
√ √ √ √ √ √ II AS/TECH 4 Performs standard secretarial duties (filing, taking
phone calls, scheduling appointments, making travel
arrangements), as well as provides administrative
support to executive staff with office management
responsibilities to include budgeting, personnel
records and payroll.
Works independently on projects requiring research
and preparation of briefing charts and other
presentation materials.
√ √ √ √ √ √ Training
Facilitator/
Trainer
I BS/BA 0 Assists with developing and presenting training
curricula.
Supports analysis of training alternatives (e.g.,
central vs. regional, hands-on vs. classroom, train-
the-trainer vs. train-the-user) based on audience
needs.
Prepare, update, and maintain training materials.
√ √ √ √ √ √ II BS/BA 3 Develops curriculum for associated training
programs.
Identifies and analyzes training alternatives such as
central vs. regional, hands-on vs. classroom, and
train-the-trainer vs. train-the-user.
Significant knowledge of the field and the ability to
work independently on typical assignments.
Able to present training supported by various types
of media.
√ √ √ √ √ √ III BS/BA 6 Leads/manages overall training efforts.
Conducts customized training classes.
Develops training plans for selected curricula.
Identifies the resources necessary to implement the
plan and ensures that training is conducted in
accordance with the plan.
Makes training approach determinations – central
vs. regional, hands-on vs. classroom, train-the-
trainer vs. train-the-user.
Experience with several architectures and platforms
in an integrated environment.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00451 Agenda Date:4/9/2020 Agenda #:1-X
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:GREGORY A. BARFIELD, Director
Department of Transportation
BY:BRIAN BARR, Assistant Director
Department of Transportation
ORIE J. RUBALCAVA, Senior Management Analyst
Department of Transportation
SUBJECT
Approve a product purchase agreement with Swanson Fahrney Ford, a Selma, California based
dealership, in the amount of $142,912.18 for seven sedans for the Department of Transportation/FAX
Division (Bid File 3716)
RECOMMENDATION
Staff recommends Council approve a product purchase agreement with Swanson Fahrney Ford,a
Selma,California based dealership,in the amount of $142,912.18 for seven intermediate,mid-size,
four-door unleaded sedans for the Department of Transportation/FAX Division.
EXECUTIVE SUMMARY
The FAX Division bus operators utilize intermediate mid-size sedans (also referred to as relief
vehicles)as transportation to and from their fixed route shift assignments,allowing bus operators to
change shifts without returning the bus back to the bus yard.The FAX Division seeks approval to
purchase seven sedans as replacement vehicles.
BACKGROUND
The FAX Division bus operators utilize intermediate mid-size sedans as transportation to and from
their fixed route shift assignments allowing bus operators to change shifts without returning the bus
back to the bus yard.Based upon fixed route revenue service operations,FAX requires a minimum
of 23 intermediate mid-size sedans for this purpose.The FTA minimum life cycle for sedans is five
years,while the industry standard is seven years.Currently,FAX has nine relief vehicles that are
over seven years old,five of which are over ten years old.FAX plans to replace seven of the oldest
City of Fresno Printed on 12/12/2022Page 1 of 2
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File #:ID 20-00451 Agenda Date:4/9/2020 Agenda #:1-X
over seven years old,five of which are over ten years old.FAX plans to replace seven of the oldest
vehicles with the sedans procured under this purchase contract.The remaining two will be replaced
with hybrid or electric vehicles under a separate procurement.
Bids were solicited for this project on December 30,2019,and advertised in the Fresno Business
Journal.The Notice Inviting Bids was sent to two exchanges and specifications were distributed to 11
potential bidders.The bids were publicly opened on January 28,2020.FAX received three bids in
response to the solicitation, only one was determined to be both responsive and responsible.
Staff finds Swanson Fahrney Ford to be both responsive and responsible and recommends Council
award the contract to this vendor.
The City Attorney’s Office has reviewed the Agreement and approved it to form.
ENVIRONMENTAL FINDING
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 the
award of this contract does not qualify as a project;therefore,it is exempt from the California
Environmental Quality Act requirements.
LOCAL PREFERENCE
Local preference is applicable to this award,and Swanson Ford Fahrney Ford is a local business
pursuant to FMC 4-108.
FISCAL IMPACT
There is no fiscal impact to the General Fund from this request.This purchase shall be funded
through Prop 1B,Public Transportation Modernization,Improvement,and Service Enhancement
Account Program (PTMISEA) grants.
Attachment:
Bid Evaluation 3716
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00428 Agenda Date:4/9/2020 Agenda #:1-Y
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:GREGORY A. BARFIELD, Director
Department of Transportation
BY:BRIAN BARR, Assistant Director
Department of Transportation
KRISTOPHER GREY, Projects Administrator
Department of Transportation
SUBJECT
Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section
15303/Class 3 per consultant determination, pursuant to the California Environmental Quality Act
Guidelines for Existing Facilities and New Construction for the Department of Transportation/FAX
Division Facility Master Plan Improvement Project
1.Adopt a finding of Categorical Exemption pursuant to Section 15301/Class 1 and Section
15303/Class 3 per consultant determination, pursuant to the California Environmental Quality
Act Guidelines
2.Resolution Authorizing the Director of Transportation to request allocation and accept funding
from the California Transit Commission for the purpose of Existing Facilities and New
Construction for the Department of Transportation/FAX Division Facility Master Plan
Improvement Project within the City of Fresno
RECOMMENDATION
Staff recommends Council adopt a finding of Categorical Exemption pursuant to Section 15301/Class
1 and Section 15303/Class 3,per consultant determination,pursuant to the California Environmental
Quality Act (CEQA)Guidelines for Existing Facilities and New Construction for the Department of
Transportation Fresno Area Express Facility Master Plan Improvement Project.
EXECUTIVE SUMMARY
The Department of Transportation/FAX Division Facility Master Plan improvements project will
improve daily bus service procedures,increase security,support electric bus charging,and update
fleet washing and cleaning equipment.This environmental finding will support FAX’s efforts to appear
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File #:ID 20-00428 Agenda Date:4/9/2020 Agenda #:1-Y
fleet washing and cleaning equipment.This environmental finding will support FAX’s efforts to appear
before the State of California Transportation Commission (CTC)to formally request the funding
allocation for this project at its June meeting.
BACKGROUND
The Department of Transportation/FAX Division transit facility was built over 30 years ago.The transit
system has evolved substantially and will continue to evolve with changing technology.Minimal
changes to the facility have been made in order to try and keep pace with the growing fleet.
Additionally,facility upgrades,replacements,and repairs have been deferred over the years due to
economic constraints.
In 2014,FAX commissioned an overall facility assessment to determine current and future capital
improvements,upgrades to technology,and changes to physical layout that could improve the overall
operational efficiencies and/or use of space.The results of the facility assessment were provided to
FAX in a multi-phase master plan,which identified key capital improvements to increase bus services
procedures and support the growth of the fleet.These improvements are being designed under a
consultant agreement with Stantec Architecture, Inc.
Funding for this project is from the State Transit and Intercity Rail and Capital Improvement Program
(TIRCP)in the amount of $1.45 million to fund the Electric Bus Charging project from the FY2018.
FAX must appear before the CTC to request its formal allocation of these funds in order to perform
the improvements that are a part of this project.As a part of the request for allocation,FAX must
provide proof of an adopted CEQA exemption that has been placed on file with the County of Fresno
Hall of Records.FAX has worked with Stantec Architecture,Inc.,to perform the environmental
analysis, which has confirmed a finding of categorical exemption (attached).
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined this
project is exempt under Section 15301/Class 1 of the CEQA Guidelines for Existing Facilities,as the
improvements to the FAX Division facilities involve the restoration or rehabilitation of existing facilities
with negligible or no expansion of capacity.This project is also exempt under Section 15303/Class 3
of the CEQA Guidelines for New Construction or Conversion of Small Structures,as the
improvements are located in an urbanized area,are less than 10,000 square feet of floor space,
located at site zoned for the proposed use,does not involve significant amounts of hazardous
substances and is not in an environmentally sensitive area.Furthermore,none of the exceptions set
forth in CEQA Guidelines Section 15300.2 applies to this project.
LOCAL PREFERENCE
Local preference was not applied as this request is only for the adoption of the environmental
findings.
FISCAL IMPACT
This project has no fiscal impact to the General Fund.This project is funded from a combination of
State of California TIRCP, State of California Prop 1B PTMISEA, FTA 5339, and FTA 5307 grants.
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File #:ID 20-00428 Agenda Date:4/9/2020 Agenda #:1-Y
Attachment:
Categorical Exemption Stantec
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00436 Agenda Date:4/9/2020 Agenda #:1-Z
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:ANDREW HALL, Chief of Police
Police Department
BY:MICHAEL REID, Deputy Chief
Support Division
SUBJECT
Actions pertaining to the Air Support “Skywatch” Unit
1.Award a sole source contract for two navigation computers to Churchill Navigation not to
exceed $337,000
2.***RESOLUTION -Adopt Resolution authorizing the Chief of Police to enter into a contract for
Augmented Reality Mapping System (ARS)from Churchill Navigation without advertised
competitive bidding (Subject to Mayor’s Veto)
RECOMMENDATION
Staff recommends that Council authorize the Chief of Police to enter into and execute a purchase agreement with
Churchill Navigation for two navigation computers for use in the Skywatch helicopters.The funding for this purchase is
currently budgeted in the Police Department’s FY 2020 General Fund budget.
EXECUTIVE SUMMARY
Churchill Navigation is a veteran-owned and operated small business located in Boulder,Colorado that develops and
supports the most advanced and easiest to use Mission Management Mapping System available.Churchill Navigation
offers Augmented Reality Mapping System (ARS)which provides the most innovative system on the market,unparalleled
support with no annual fee and lifetime updates for software and map data at no extra charge.
BACKGROUND
The computer system the Skywatch Tactical Flight Officer (TFO)has been working with since we purchased these
helicopters in 2003/2005 is the Aerocomputer 5000.This computer,while not required by the FAA for flying purposes,is
the main information center used by the TFO who handles the police response of the helicopter.The computer
coordinates three different systems to be viewed on the 12-inch monitor that sits in front of the TFO.The three systems
are:CAD (Computer-Aided Dispatch)that officers use in their car for police call information;the Forward Looking Infrared
(FLIR)that provides images to the TFO to see at night (video camera during the day);and terrain mapping that the TFO
uses to find addresses and locations throughout the county.Each independent system must pass through the flight
computer.
The terrain mapping system is vital.When we respond to an incident,the TFO immediately puts the address into the
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File #:ID 20-00436 Agenda Date:4/9/2020 Agenda #:1-Z
The terrain mapping system is vital.When we respond to an incident,the TFO immediately puts the address into the
computer.This map then tells the pilot where to fly and allows the TFO to get the exact location of the incident.Updated
parcel data tells us exactly where a house is on the block so that we can concentrate on that particular location;otherwise
TFO’s are guessing which house is the target.
Since 2015,we have been missing vital mapping data as a result of unsupported software and hardware.In discussions
with the manufacturer of the current systems,upgrading would require new components.The Chief Pilot for Skywatch
began looking at what neighboring law enforcement air operations were utilizing for mapping systems.Only two vendors
were identified that could provide the very specific components needed for our Skywatch helicopters.These were
Aerocomputer and Churchill Navigation.
In-flight testing was done in our helicopter with both Aerocomputer and Churchill.Although both products were similarly
priced,the new Aerocomputer 6000 did not work properly with our touchscreen monitor,causing a failure that required
the monitor be sent back to the factory to repair.In contrast,the Churchill system worked with our current equipment
flawlessly.It was also determined that Churchill had the ability to update parcel data remotely to the mapping systems
which decreases the amount of downtime that air operations would need to take to frequently update mapping software.
After testing both of the available air navigation systems,it was unanimous that Churchill Navigation would serve the
police department most efficiently.The mapping product offered by Churchill Navigation was the only vendor that could
provide the navigation system components that work with our current equipment and meet the unique needs of our
Skywatch operations.The Churchill system provides updated terrain maps,correctly displaying on the existing 12”
monitor of the TFO,while simultaneously working with CAD.This is essential to safe operation of the Skywatch Unit.
Churchill Navigation was unique in this respect and the only vendor that works with our current equipment.There was no
price difference between Churchill Navigation and Aerocomputer.
The Purchasing Department has confirmed the sole source for this system is Churchill.
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 no local vendors provide this type of system.
FISCAL IMPACT
Funding for this purchase is currently budgeted in the FY2020 General Fund budget.Sole source justification and
preliminary terms have been approved by Purchasing.
Attachments:Agreement with Churchill Navigation
Resolution
AeroComputer quote
Chart matrix
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5660 Airport Blvd., Suite 101
Boulder, CO 80301
Phone +1. 720.943.4ARS (4277)
www.churchillnavigation.com
FOR: Sergeant Larry Hustedde
Fresno Police Department
QUOTE
QUOTE #103092020
Date: March 12, 2020
PAYMENT TERMS: NET 30
USA: FOB Destination, Freight Prepaid
Outside USA: FOB Origin, Ex Works Incoterms 2010
Outside USA: Freight Prepay and Add
ALL PRICES ARE IN USD
Quote Valid for 45 days
Terms and Conditions can be found at:
https://churchillnavigation.com/agreement/
CHURCHILL NAVIGATION ARS SYSTEM INCLUDES:
Up to 3 days of on-site training, conversion of any c ustomer-supplied GIS data and 3-year hardware warranty.
Guaranty that the ARS will work with hardware that is currently in the helicopter.
· Free updates for the lifetime of the product
· Remote software updates
QTY MODEL # DESCRIPTION UNIT PRICE LINE TOTAL
2 ARS-700C
Augmented Reality Mapping System (ATOM) Mission Computer
for use with FLIR 8500
Includes CONN-ATOM, Mating Connector Kit
$115,000 $230,000
2 ARS-KB-R NVIS Keyboard – Rack Mount $2,000 $4,000
2 NOV-INS Inertial Navigation System – Honeywell IMU, GNSS $25,000 $50,000
2 NOV-PRO-ANT GNSS Antenna – Novatel External (L1/L2 dual -frequency) $675 $1,350
2 AJA-CONV-D Analog to HD/SD-SDI Convertor $900 $1,800
2 DD-HX SDI/HDMI to SDI/HDMI Cross Converte r and De-Interlacer/Format
converter (Decimator MD -HX) $600 $1,200
2 Moxa Moxa serial port connection Included Included
2 ARS-SERBY Serial Bypass Switch & Cable $700 $1,400
1 Discount Fresno ARS two system discount ($9750) -$29750 -$29,750
SUBTOTAL $260,000
SALES TAX n.a.
TOTAL $260,000
Churchill will Calibrate the system , prior to delivery, at the install location at no charge, if given two-week notice to
schedule that travel. Please contact Erin to schedule. Last minute calibration trip requests will incur last minute travel
charges.
Quote Prepared by Erin Sperling
erin@churchillnavigation.com
+1.720.943.4ARS (4277)
City of Fresno
Comparison Chart
Department: Police Department
Equipment: Navigation Computers
Features Churchill
Availability Aerocomputer
Availability
1. Worked as designed during in-flight
testing? Yes No
2. Ability to work with legacy hardware
on both helicopters? Yes No
3. Product lifetime free software
updates? Yes Yes
4. Remote software updates? Yes Yes
Total Cost: $280,735.00 $280,832.18
Explanation of Features:
1. In-flight testing with Aerocomputer took one week and not all features
worked. CAD was never installed and tested due to the issues. Churchill was
installed and tested for one day and worked as designed.
2. The air crew were unable to get the legacy touchscreen to work with the
Aerocomputer and another touchscreen was damaged by the product during
testing. The Churchill product worked as designed with the legacy hardware
on the helicopter.
3. Churchill has offered free lifetime software updates. Aerocomputer has
now matched that feature.
4. Churchill has offered remote software updates. Aerocomputer now offers
this feature but it was not tested.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00461 Agenda Date:4/9/2020 Agenda #:
1-AA
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:WILMA QUAN, City Manager
Office of Mayor and City Manager’s Office
BY:ALDI DODDS, Deputy City Manager
Office of Mayor and City Manager’s Office
SUBJECT
Approve Access Agreement with Saint Rest Baptist Church for public green space in an amount up to
$58,000.
RECOMMENDATION
Staff recommends that City Council approve Access Agreement with Saint Rest Baptist Church for
public green space in an amount up to $58,000.
EXECUTIVE SUMMARY
BACKGROUND
ENVIRONMENTAL FINDINGS
LOCAL PREFERENCE
FISCAL IMPACT
Not applicable.Council appropriated the funds for this purpose on January 31,2019,with the
approval of the ____ Amendment to the Annual Appropriation Resolution (AAR) No. 2019-____
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File #:ID 20-00461 Agenda Date:4/9/2020 Agenda #:
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Attachment:
Public Access Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00462 Agenda Date:4/23/2020 Agenda #:
1-BB
REPORT TO THE CITY COUNCIL
April 23, 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
Approve a Memorandum of Understanding between City of Fresno and County of Fresno
implementing the joint COVID-19 homeless response plan under the COVID-19 Emergency
Homelessness Funding program which include allocations to the City of Fresno ($1,012,869.44); and
County of Fresno ($382,080.59). (Attachment A)
RECOMMENDATION
[If more than one recommendation pluralize]
EXECUTIVE SUMMARY
[Brief, 1-2 paragraphs; information stated here must be expanded in Background section; clear and
concise so anyone understands action being requested]
BACKGROUND
[Include: Any prior history; “City Attorney has reviewed and approved to form,” if applicable; source of
funding; appropriate regulation summary information]
ENVIRONMENTAL FINDINGS
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File #:ID 20-00462 Agenda Date:4/23/2020 Agenda #:
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[Include CEQA findings or state N/A]
LOCAL PREFERENCE
[N/A due to State and Federal money; N/A because it is more than ½ of 1%; or yes, state why]
FISCAL IMPACT
[Funding source, clarify whether General Fund is or is not impacted; appropriation authority already
approved or an AAR is attached; if appropriate explain impact on other projects or timing of funding
from other agencies; future obligations]
Attachments:
Attachment A - California Homeless Coordinating and Financing Council - COVID-19 Emergency
Homelessness Funding Grant Allocations
Attachment B - Memorandum of Understanding
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COVID-19 EMERGENCY HOMELESSNESS FUNDING
GRANT ALLOCATIONS
CONTINUUM OF CARE ALLOCATION
Alpine, Inyo, Mono Counties CoC $ 41,704.69
Amador, Calaveras, Mariposa, Tuolumne Counties CoC $ 164,675.04
Bakersfield/Kern County CoC $ 259,192.67
Chico, Paradise/Butte County CoC † $ 246,720.24
Colusa, Glenn, Trinity Counties CoC $ 37,417.29
Daly/San Mateo County CoC † $ 294,661.14
Davis, Woodland/Yolo County CoC $ 127,647.52
El Dorado County CoC $ 119,462.49
Fresno City & County/Madera County CoC $ 488,763.33
Glendale CoC $ 47,356.26
Humboldt County CoC $ 331,688.67
Imperial County CoC $ 275,367.85
Lake County CoC $ 79,511.74
Long Beach CoC $ 369,105.96
Los Angeles City & County CoC $ 10,963,460.30
Marin County CoC $ 201,507.69
Mendocino County CoC $ 152,982.14
Merced City & County CoC $ 118,488.08
Napa City & County CoC † $ 62,751.91
Nevada County CoC $ 80,875.91
Oakland, Berkeley/Alameda County CoC † $ 1,563,341.07
Oxnard, San Buenaventura/Ventura County CoC $ 325,257.57
Pasadena CoC $ 105,625.89
Redding/Shasta, Siskiyou, Lassen, Plumas, Del Norte,
Modoc, Sierra Counties CoC $ 262,895.43
Richmond/Contra Costa County CoC † $ 447,253.52
Riverside City & County CoC $ 547,812.48
Roseville, Rocklin/Placer County CoC $ 120,242.01
Sacramento City & County CoC $ 1,083,737.18
Salinas/Monterey, San Benito Counties CoC $ 526,960.14
San Bernardino City & County CoC $ 508,056.61
San Diego City and County CoC * $ 1,785,116.45
San Francisco CoC $ 1,565,874.53
San Jose/Santa Clara City & County CoC $ 1,891,521.87
San Luis Obispo County CoC $ 289,009.57
Santa Ana, Anaheim/Orange County CoC $ 1,336,888.52
Santa Maria/Santa Barbara County CoC $ 351,371.72
Santa Rosa, Petaluma/Sonoma County CoC $ 575,095.92
Stockton/San Joaquin County CoC $ 512,733.78
Tehama County CoC $ 56,125.93
Turlock, Modesto/Stanislaus County CoC $ 374,757.53
Vallejo/Solano County CoC $ 224,308.85
Visalia/Kings, Tulare Counties CoC $ 207,354.14
Watsonville/Santa Cruz City & County CoC $ 422,308.66
Yuba City & County/Sutter County CoC $ 140,509.71
CITY ALLOCATION
Anaheim $ 1,385,224.15
Bakersfield $ 537,127.73
Fresno $ 1,012,869.44
Long Beach $ 764,902.20
Los Angeles $ 19,335,937.50
Oakland $ 3,239,728.32
Riverside $ 1,135,237.64
Sacramento $ 2,245,840.09
San Diego * $ 3,699,315.81
San Francisco $ 3,244,978.44
San Jose $ 3,919,820.88
Santa Ana $ 1,385,224.15
Stockton $ 1,062,543.66
COUNTY ALLOCATION
Alameda $ 1,438,315.56
Alpine $ 10,000.00
Amador † $ 38,369.43
Butte $ 226,989.22
Calaveras † $ 33,349.13
Colusa $ 10,040.60
Contra Costa $ 411,485.19
Del Norte $ 32,990.53
El Dorado $ 109,908.68
Fresno $ 382,080.59
Glenn $ 10,219.89
Humboldt $ 305,162.44
Imperial † $ 253,345.78
Inyo † $ 25,997.98
Kern $ 238,464.19
Kings $ 44,824.09
Lake $ 73,152.92
Lassen $ 10,000.00
Los Angeles $ 10,567,011.44
Madera $ 67,594.74
Marin $ 185,392.46
Mariposa † $ 10,757.78
Mendocino $ 140,747.66
Merced $ 109,012.20
Modoc $ 10,000.00
Mono † $ 12,371.45
Monterey $ 434,076.54
Napa $ 57,733.43
Nevada $ 74,408.00
Orange $ 1,229,973.17
Placer $ 110,625.87
Plumas $ 10,000.00
Riverside $ 504,002.12
Sacramento $ 997,067.17
San Benito $ 50,740.88
San Bernardino $ 467,425.66
San Diego * $ 1,642,354.84
San Francisco $ 1,440,646.41
San Joaquin $ 471,728.78
San Luis Obispo $ 265,896.53
San Mateo $ 271,096.13
Santa Barbara $ 323,271.37
Santa Clara $ 1,740,250.66
Santa Cruz $ 388,535.25
Shasta $ 148,278.11
Sierra $ 10,000.00
Siskiyou $ 41,058.87
Solano $ 206,370.13
Sonoma $ 529,103.62
Stanislaus $ 344,786.94
Sutter $ 52,533.84
Tehama $ 51,637.36
Trinity $ 14,164.41
Tulare † $ 145,947.25
Tuolumne † $ 69,029.11
Ventura $ 299,245.66
Yolo $ 117,439.13
Yuba $ 76,738.85
* Indicates jurisdictions approved to use 2017 PIT counts. All other jurisdiction allocations are based on 2019 PIT counts.
†Indicates jurisdictions expected to redirect allocations to their partnering CoC, large city (if applicable), or county.
No more than 40 percent of the total allocation for CoCs will be awarded to an individual CoC.
No more than 45 percent of the total allocation for citites will be awarded to an individual city.
No more than 40 percent of the total allocation for counties and no less than $10,000 will be awarded to an individual county.
3/19/2020
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00417 Agenda Date:4/9/2020 Agenda #:
1-CC
REPORT TO THE CITY IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE
REDEVELOPMENT AGENCY OF THE CITY OF FRESNO
AND FRESNO REVITALIZATION CORPORATION
April 9, 2020
FROM:MARLENE MURPHEY, Executive Director
SUBJECT
Consider Extension of Exclusive Negotiation Agreement for 887 Fulton Street between Noyan Frazier
Capital LP and the City of Fresno a municipal corporation and in its capacity as Housing Successor.
RECOMMENDATION
It is recommended that the City of Fresno (COF)and Housing Successor (FHS)consider approval of
the First Amendment to the Exclusive Negotiation Agreement for 887 Fulton Street also known as the
Berkeley Building.
EXECUTIVE SUMMARY
The exclusive good faith negotiation period (ENA)for the Berkeley Building will expire on April 11,2020.The
Developer,Noyan Frazier LP is requesting a one-year extension to the ENA to negotiate and enter into a
Development and Disposition Agreement with construction to commence no later than December 31, 2021.
BACKGROUND
Disposition and Development Agreement - Phase 1
Pursuant to a request for proposal for development of the South Stadium Project Area,Noyan Frazier Capital
LP was selected as the Developer.The resulting Disposition and Development Agreement (DDA)of March 15,
2016 focuses on Phase 1 development.Phase 1,known as The Park,is a .79 acre site at the northwest
corner of Inyo and Fulton Streets that will be developed into a multi-story mix of affordable and market rate
housing over ground floor retail.The DDA deadline to commence construction on Phase 1,in alignment with
the Housing and Community Development (HCD) funding deadline, is November 20, 2020.
Exclusive Negotiation Agreement - Phase 4
Section 4.12 of the DDA identifies and provides for exclusive good faith negotiations (ENA)with the Developer
for four potential future phases of development in the South Stadium Project Area.The four potential phases
have narrowed to one phase referred to as Phase 4.Phase 4 is located at the southwest corner of Fulton and
Kern Streets at 887 Fulton Street otherwise known as the Berkeley Building.The site is owned by the Housing
Successor.
Phase 4 development intends to create an integrated mix of uses that complement the multi-family housing
and retail in Phase 1 and enhance the stadium area as an entertainment destination.The DDA proposes in
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and retail in Phase 1 and enhance the stadium area as an entertainment destination.The DDA proposes in
Phase 4 the adaptive reuse of the Berkeley building’s 33,750 square feet for retail use including restaurants
and potential outdoor dining on the ground floor and office on the second floor.
Request for Extension
The ENA expires April 11,2020 and is inclusive of two extension periods granted since the original
commencement date of March 15,2016.The Developer has submitted a letter requesting that the exclusive
negotiation period be extended one year to April 11,2021 in which to negotiate a DDA;and,through a DDA to
meet conditions to close and begin construction no later than December 31,2021.The attached Letter of
Request is further summarized below.
·The building has progressively deteriorated and requires extensive remediation work;
·Developer has spent significant time in due diligence and has an understanding and knowledge of
steps needed to bring about environmentally safe occupancy and adaptive reuse;
·Developer has spent in excess of $50,000 for architectural renderings along with investigation of the
site with remediation experts and interior demolition firms;
·Developer has prepared a preliminary budget for remediation, structural repairs and reuse;
·Developer has consulted with City staff and is exploring feasibility for other uses on the second floor
including residential with consideration to the buildings age and character; and,
·Developer has toured the building with prospective tenants and the owner of the Fresno Grizzlies to
assess marketability and support.
Proposed Terms of Extension
In response to the request, staff has prepared a First Amendment to the ENA.. The terms are as follows:
·Negotiation Period extended one year from April 11, 2020 to April 11, 2021.
·Extension Fee of $5,000 to be paid within 10 days of execution.
Note:The Fee is to include an updated appraisal estimated at $4,000 and to help offset operation and
maintenance costs Over the last four years operation and maintenance costs have totaled about
$30,000 and continue to increase.
·DDA must be negotiated,drafted and presented for approval to Council prior to expiration of
negotiation period.
·Conditions to consider DDA for approval will include receipt of pro forma;sources and uses budget;
and proof of necessary financing.
·DDA conditions precedent to close will include receipt of evidence of development entitlements;
combined monies from funding sources not less than the total development amount or amount which
City/FHS determines is necessary to complete the project and such funds are deposited into escrow
and escrow is in a position to close no later than December 31, 2021.
·Developer shall present a report to Council within six months approval of the first amendment no later
than October 9, 2020.
·Material Default under the DDA as amended including failure to close escrow on Phase 1 by November
20, 2020 will result in termination of ENA for Phase 4.
Options for Consideration
1.Deny the request for extension of ENA.Should the request be denied,the new Surplus Land Act (SLA)
will be triggered.The SLA requires the City declare the property surplus land at a public meeting,give
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1-CC
will be triggered.The SLA requires the City declare the property surplus land at a public meeting,give
notice and proceed in accordance with SLA and city ordinances..
2.Approve the Request for Extension with Conditions.Since this is an extension of an existing ENA
entered into prior to September 30,2019 it is grandfathered in under the prior version of the SLA so
long as the property conveys by December 31, 2022 otherwise the updated SLA is triggered.
Noyan Frazier Capital LP’s work product (estimates,drawings etc.)knowledge and effort relative to the
project site and area has value to be considered.Moreover,from the perspective of the larger South
Stadium area,the value of new development expected to be created by Noyan Frazier LP’s Phase 1
arguably affords the Developer with leverage to strengthen the viability and synergy of Phase 4 to the
benefit of both the Developer and Community.
ENVIRONMENTAL FINDINGS
N/A
LOCAL PREFERENCE
N/A
FISCAL IMPACT
The Exclusive Negotiation Fee will help to offset hard costs from independent sources (e.g. utilities,
appraisals etc).
Attachments:
-Letter of Request
-First Amendment to Exclusive Negotiation Agreement
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1
FIRST AMENDMENT TO
EXCLUSIVE NEGOTIATION AGREEMENT
THIS FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT (First
Amendment) is entered into this __ day of April, 2020, by and between the CITY OF
FRESNO, a municipal corporation (City) and in its capacity as HOUSING SUCCESSOR
TO THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO (FHS) and NOYAN
FRAZIER CAPITAL, L.P., a California limited partnership (Developer) on the terms and
conditions set forth below.
RECITALS
A.The City and the Developer have entered into that certain Disposition and
Development Agreement dated March 15, 2016, (DDA). Section 4.12 of the DDA
provides for exclusive good faith negotiations for potential future phases of the planned
project. This First Amendment to Exclusive Negotiation Agreement shall apply only to
the exclusive negotiation rights granted for Phase 4 as described in the DDA (ENA).
B.Phase 4 is defined as .24 acres located on the southwest corner of Fulton
and Kern Streets, 887 Fulton Mall (Property), and is proposed to entail adaptive reuse
of the existing Berkeley building’s 33,750 square feet for retail use.
C.The ENA was originally granted through December 31, 2017,
administratively extended by letter from the City Manager dated December 13, 2017,
through June 29, 2018, and extended further by the First Amendment to DDA dated
June 28, 2018, through April 11, 2020 (Negotiation Period).
D. The Developer has requested to extend the Negotiation Period to April 11,
2021, in order to continue negotiations.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing recitals and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and the Developer hereby agree as follows:
Section 1. Extension of Negotiation Period
The Negotiation Period, is hereby extended to April 11, 2021, unless sooner
terminated in accordance with this First Amendment, with no further extensions
permitted unless approved by the City Council.
Section 2. Exclusive Negotiating Fee. As consideration for the exclusive
negotiation rights granted, Developer shall pay an Exclusive Negotiating Fee of $5,000
(Fee), which shall be due and payable to FHS within ten days of execution of this First
Amendment to ENA. The Fee is intended to offset the costs of maintaining the Property
and costs of obtaining an updated appraisal.
Section 3. Conditions Precedent. Developer must comply with the following
conditions precedent for Council to approve a Disposition and Development Agreement:
2
1. A disposition and development agreement (DDA) must be negotiated, drafted
and presented to Council for approval prior to expiration of the Negotiation
Period.
2. As a condition to considering a DDA for approval, City must first receive a pro
forma, sources and uses budget and proof of necessary financing.
3. Conditions precedent to the close of escrow will include receipt of evidence of
development entitlements, combined monies from funding sources not less
than the total development amount or amount which City/FHS determines is
necessary to complete the project and such funds are deposited into escrow
and is in a position to close no later than December 31, 2021.
4. Normally, but not more frequently than monthly, but at any time requested by
the City Council, the Developer shall make oral and summary form written
progress reports advising the City, FHS and/or its staff on all progress being
made on tasks, financing, and other activities undertaken by the Developer
pursuant to this ENA. Developer shall present a report to Council within six
months of Council approval of this First Amendment, no later than October 9,
2020.
Section 4. Termination. Any material default under the DDA as amended,
including, without limitation, failure to close escrow by November 20, 2020, will result in
the immediate termination of this ENA with no further obligation by the City.
Section 5. Effect of This First Amendment.
The DDA and the ENA, as amended by any prior amendments, shall remain in
full force and effect except as amended hereby or inconsistent herewith.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed by their respective representatives thereunto duly authorized as of the date
first written above.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00437 Agenda Date:4/9/2020 Agenda #:
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:JENNIFER CLARK, Director
Planning and Development Department
THROUGH:THOMAS MORGAN, Housing Manager
Housing and Community Development Division
KAREN JENKS, Administrative Manager
Housing and Community Development Division
BY:EDWARD CHINEVERE, Senior Management Analyst
Housing and Community Development Division
SUBJECT
Actions pertaining to proposed Substantial Amendment 2019-01 to the 2019-2020 Annual Action
Plan:
1.HEARING to obtain public comments regarding Substantial Amendment 2019-01 to the 2019-
2020 Annual Action Plan and submission of a $7.5 million Section 108 Loan Application to the
United States Department of Housing and Urban Development (HUD)for the construction of a
Multigenerational Center in Large Park,located at 4424 N.Millbrook Avenue,Fresno,CA
93726; and
2.RESOLUTION -Adopting Substantial Amendment 2019-01 to the Fiscal Year (FY)2019-2020
Annual Action Plan;authorizing submission to the U.S.Department of Housing and Urban
Development (HUD)of a $7.5 million Section 108 Loan Application for the construction of a
Multigenerational Community Center;and authorizing the City Manager to sign all necessary
implementing documents required by HUD
RECOMMENDATION
Staff recommends the City Council obtain the views and comments from interested persons
regarding Substantial Amendment 2019-01 and Section 108 Loan Application for the construction of
a Multigenerational Community Center;thereafter adopt Substantial Amendment 2019-01 to the 2019
-2020 Annual Action Plan;and authorize submission of Substantial Amendment 2019-01 and Section
108 Loan Application to HUD.
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File #:ID 20-00437 Agenda Date:4/9/2020 Agenda #:
EXECUTIVE SUMMARY
HUD Section 108 Loan proceeds have been identified as a key component in the financing plan for
the proposed Multigenerational Community Center.In order to secure this financing,HUD requires an
approved Substantial Amendment to the 2019-2020 Annual Action Plan and an authorized
submission of a Section 108 Loan Application.
BACKGROUND
In the 2015-2019 Program Year Consolidated Plan,the City of Fresno (City)identified the provision of
public facility improvements to strengthen neighborhood revitalization and assistance to low-income
and special needs households as two of its goals.These goals were driven by a strong demand for
services and facilities to meet the needs of youth,seniors,and neighborhoods,with many expressing
a desire to see multiple services integrated into one common space.In an effort to meet these goals,
the City is proposing to apply for a Section 108 Loan Guarantee to fund the construction of a new
10,000 square foot Multigenerational Community Center and improved park amenities that will
increase the quality of life for low-and moderate-income persons in the surrounding neighborhoods.
Specifically,the community center would improve the quality of life for constituents by providing youth
with after school activities,senior enrichment activities,recreational space,meeting space,and
improved green space with sports fields and a tot lot.
The approximately 6.34 acre project site is Large Park,located at 4424 N.Millbrook Avenue,Fresno
93726 (APN 428-071-02).Large Park is owned by the City,and is bounded on the north by the
Thomas Elementary School site (south of E.Gettysburg Avenue and east of N.Millbrook Avenue),on
the east by N.8th Street,on the south by E.Ashcroft Avenue,and on the west by N.Millbrook
Avenue.The subject site is surrounded by low density residential to the east,south,and west and a
public school to the north.Over sixteen thousand (16,520)residents live within a half mile radius of
the site.According to the latest income data,9,805 or 59%of the residents within the radius are low-
or moderate-income.The proposed site meets HUD National Objective requirements for a Low Mod
Area in a primarily residential area (24 CFR 570.208(a)(1)).
The cost of the new facility will be based on a number of factors,including the conceptual plan.As
part of the design development process,the City will conduct a citizen outreach campaign to identify
the features and amenities that residents will want in the new facility.Potential features could include,
but are not necessarily limited to:
•Multi-use concept meeting and recreation area with modular walls for small group activities
•Kitchen for warming meals
•Area to accommodate after school activities and senior activities
•Office space and space for meetings
•Play area with playground and tot lot
•Expansion of existing on-site parking
•Two sports fields
Based on these and other factors, the City estimate to construct the facility is $10.75 million.
HUD Section 108 Loan proceeds would form a key component of the financing for this proposal.The
City will request Section 108 loan proceeds in the amount of $7,500,000.The remainder of funding
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File #:ID 20-00437 Agenda Date:4/9/2020 Agenda #:
City will request Section 108 loan proceeds in the amount of $7,500,000.The remainder of funding
would come from $700,000 of CDBG entitlement previously approved for this project;$52,818.52 of
2019 Program Year project savings;and a $2,497,181.48 payment to the City’s CDBG Letter of
Credit from PARCS capital funds previously approved for this purpose.Please see attachment titled
‘Summary of Funding Sources.’
In order to access Section 108 financing,the City proposes to pledge a portion of its future CDBG
grants (Program Years 2020 -2039)as collateral for repayment.The City proposes to use the
maximum repayment period allowable,twenty years,in order to minimize the impact of the
repayment obligation on any given year.In the event that the Federal government terminates the
CDBG program or reduces the City’s entitlement amount to a level below the annual debt service
prior to loan payoff, the City will pledge the subject land and improvements as collateral.
Annual loan payments are currently forecasted at $565,125 ($375,000/principal,$190,125/interest)in
Year 1 decreasing to $386,288 ($375,000/principal,$11,288/interest)in Year 20.No loan pre-
payments can be made during the first 10 years following loan settlement.The total amount of loan
repayments over the full twenty years is currently forecasted at $9,621,000.
SUBSTANTIAL AMENDMENT PROCESS:In order to reprogram funds,HUD requires a Substantial
Amendment.The amendment process involves conducting two Public Hearings on the Draft
Substantial Amendment.The table below summarizes the citizen participation component of the
process.The City provided notices in English in the Fresno Bee,Spanish in Vida en el Valle,and
announcements were read in Hmong on radio station KBIF.Additionally,notices were distributed
electronically through social media and to the e-mail distribution list of over 500 addresses used by
the Planning and Development Department.The City also made the Substantial Amendment
available on the City’s website,at the City Clerk’s Office,Fresno County Libraries,City Neighborhood
and Community Centers,and at the City Hall administrative office of the Planning and Development
Department.
Citizen Participation
·January 27, 2020 - Public Notice Published in Fresno Bee
·January 27, 2020 - Public Notice Distributed via Social Media and Email
·February 5, 2020 - Public Notice Published in Vida en el Valle
·February 21, 2020 - Draft Substantial Amendment Published - Minimum 30-day public review
period commences
·February 26, 2020 - HCDC Public Hearing and consideration of Draft Substantial Amendment
for recommendation to City Council
·March 23, 2020 - Public Review Period closes
·April 9, 2020 - City Council Public Hearing and consideration of the Substantial Amendment
The City received three public comments during the February 26,2020 Public Hearing of the HCDC.
Comments and City responses are attached to this report.
ENVIRONMENTAL FINDINGS
Staff has conducted a preliminary review of the project and has determined that it is exempt from
CEQA pursuant to California Environmental Quality Act (CEQA)Guidelines Section 15061(b)(3)
under the common sense exemption that CEQA applies only to projects which have the potential for
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File #:ID 20-00437 Agenda Date:4/9/2020 Agenda #:
under the common sense exemption that CEQA applies only to projects which have the potential for
causing a significant effect on the environment.Because the proposed action is for Council to
approve a loan application and does not commit the City to any one particular option set forth in the
document,it can be seen with certainty that there is no possibility that the proposed Council action
may have a significant effect on the environment.Therefore,this action is exempt from CEQA
pursuant to CEQA Guidelines Section 15061(b)(3).
The HUD NEPA environmental assessment is in the process of being prepared. The proposed action
is for Council to approve a loan application and does not commit the City to a choice limiting action.
LOCAL PREFERENCE
Local preference is not applicable because of the use of federal funding.
FISCAL IMPACT
No General Funds are appropriated for this loan.Repayment of the loan will be made from future
CDBG allocations.The City is proposing that the standby collateral be the land and buildings
associated with the subject project.The City may find at a future date that it is in its best interest to
repay HUD from other funds at its disposal, which could include General Funds.
Attachment:Resolution
Project Overview (with Attachment A: Summary)
Public Draft of 2019-2020 Substantial Amendment No.2019-01 and Section 108 Loan
Guarantee Application
Public Comments and Responses
Redline Version of 2019-2020 Substantial Amendment No. 2019-01 and Section 108
Loan Guarantee Application
Summary of Funding Sources
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Multigenerational
Community Center
Public Hearing
April 9, 2020
Objectives
Proposed: Design & Construct a
Multigenerational Community Center and
Park Improvements at Large Park
Estimated Cost: $10.75 Million
4/1/2020 Multigenerational Center Community Meeting 2
Proposed Financing
•Primarily Community Development Block Grant
(CDBG) funds
•Received annually by the City from the U.S.
Department of Housing and Urban Development
(HUD)
•Can be used for housing and community
development needs that benefit low- and moderate-
income individuals
4/1/2020 Multigenerational Center Community Meeting 3
Section 108 CDBG Loan
•$7.5 Million
•Low-interest loan offered by HUD for large projects
•Repaid over 20 years from annual CDBG funds
•Estimated first 12-month repayment: $565,125
•Estimated payment in FY21: $95,063
•Total estimated payments: $9,621,000
4/1/2020 Multigenerational Center Community Meeting 4
Project Consistent with
Funding Goals
•The City outlines its five-year strategies and
goals for CDBG funding through a
Consolidated Plan
•This project is consistent with the City’s goals
to provide public facilities improvements to
strengthen neighborhood revitalization.
4/1/2020 Multigenerational Center Community Meeting 5
Why Large Park?
•In 2017-2018, the City adopted the Parks
Master Plan
•Community feedback identified Large Park as
a priority park for improvement
•Surrounding neighborhoods were identified as
lacking access to park amenities
4/1/2020 Multigenerational Center Community Meeting 6
Next Steps
4/1/2020 Multigenerational Center Community Meeting 7
April 2020 •Public Hearing (to begin after this presentation)
•City Council consideration
•Loan application submission to HUD
Summer
2020
•HUD underwriting and approval
•Preliminary conceptual design w/ citizen participation
•NEPA, Section 106, and SHPO reviews
Fall 2020 •Section 108 loan closed and funded
Fall 2021 •Final design & 100% plans
•Advertise and award construction contract
Spring
2022
•Construction
City Council Consideration
1.Conduct a Public Hearing to obtain public comments
regarding Substantial Amendment 2019-01 to the 2019-2020
Annual Action Plan Section 108 Loan Application
2.Adopt Substantial Amendment 2019-01 to the Fiscal Year
(FY) 2019-2020 Annual Action Plan
3.Authorize submission to the U.S. Department of Housing
and Urban Development (HUD) of a $7.5 million Section 108
Loan Application for the construction of a Multigenerational
Community Center
4.Authorize the City Manager to sign all necessary
implementing documents required by HUD
4/1/2020 Multigenerational Center Community Meeting 8
April 9, 2020 Page 1 of 1
SUMMARY OF STAFF REPORT FOR ITEM #20-00437
April 9, 2020
ITEM SUBJECT:
Actions pertaining to proposed Substantial Amendment 2019-01 to the 2019-2020
Annual Action Plan:
• HEARING to obtain public comments regarding Substantial Amendment 2019-01
to the 2019-2020 Annual Action Plan and submission of a $7.5 million Section
108 Loan Application to the United States Department of Housing and Urban
Development (HUD) for the construction of a Multigenerational Center in Large
Park, located at 4424 N. Millbrook Avenue, Fresno, CA 93726; and
• RESOLUTION - Adopting Substantial Amendment 2019-01 to the Fiscal Year
(FY) 2019-2020 Annual Action Plan; authorizing submission to the U.S.
Department of Housing and Urban Development (HUD) of a $7.5 million Section
108 Loan Application for the construction of a Multigenerational Community
Center; and authorizing the City Manager to sign all necessary implementing
documents required by HUD
SUMMARY:
• Today the council is taking formal action on its direction on June 27, 2019 during
budget to apply for a Section 108 Loan to complete the funding package needed
to construct a new community center in District 4.
• The loan is for $7.5 million and will be repaid through future CDBG funds; if in the
event the CDBG program is eliminated, the facility will be used as collateral.
• Other actions will be brought at future meetings.
Public Review Document
February 21, 2020
Substantial Amendment 2019-1 to the
2019 Annual Action Plan
Section 108 Loan Guarantee Application
for the Construction of a Multigenerational
Center
Planning and Development Department
2600 Fresno Street, Room 3065
Fresno, CA 93721
(559)621-8003
www.fresno.gov
This page intentionally left blank.
PUBLIC REVIEW
DOCUMENT EXPIRES
March 23, 2020
Planning and Development Department
Housing and Community Development Division 2600
Fresno Street Room 3076
Fresno CA 93721
(559)621-8300
February 21, 2020
City of Fresno
FY 2019 – 2020
Annual Action Plan
SUBSTANTIAL AMENDMENT
No. 2019 – 01
Summary
The City of Fresno (City) is a federal entitlement community that receives an
annual allocation of Community Development Block Grant (CDBG) funds from
the U.S. Department of Housing and Urban Development (HUD). As an entitlement
community, the City is required to prepare an Annual Action Plan detailing the uses of
CDBG funds to meet its affordable housing and community development goals as
outlined in its Consolidated Plan. For Program Year 2019-2020, the city is
proposing a substantial amendment to the Action Plan to include a $7.5 million
Section 108 Loan to fund the construction of a multigenerational center. This
effort is in alignment with the City’s goals as stated in the 2015-2019
Consolidated Plan to provide public facilities improvements to strengthen
neighborhood revitalization.
The City will accept comments on the proposed substantial amendment for a period of
30 days from February 21, 2020, through March 23, 2020.
Public Hearings:
Council Consideration
and Adoption:
Public Comments:
Housing and Community Development Commission
February 26, 2020 at 5:00 PM
Fresno City Hall, 2600 Fresno Street, Room 2120
City Council
April 9, 2020 at 10:05 AM
Fresno City Hall, 2600 Fresno Street, City Council
April 9, 2020, following the close of the Public Hearing
commencing at 10:05 AM
Fresno City Hall, 2600 Fresno Street, 2nd Floor,
Council Chambers
City of Fresno
Planning and Development Department
Attn: Housing and Community Development Division
2600 Fresno Street Room 3076
Fresno CA 93721
Phone:
Fax:
(559)621-8300
(559)559-457-1054
TTY: (559)621-8721
Email: HCDD@fresno.gov
(Please type “2019 Amendment” in the
message subject line)
ii
Description
TOTAL SOURCES TO BE PROGRAMED $7,500,000.00
The City of Fresno will allocate $7,500,000 of CDBG Section 108 Loan funding for
Program Year 2019 for the design and construction of a multi-generational community
center with a proposed location of Large Park, 4424 N. Millbrook Avenue, Fresno
93726. The multigenerational center will be designed based on community input and
may include a multi-use concept meeting and recreation area with modular walls for
small group activities, a kitchen for warming meals, an area to accommodate after-
school activities and senior activities, a play area with playground and tot lot, two
soccer fields, office space for staff and meetings, and an expansion of existing on-site
parking. The remainder of the estimated $10,750,000 will be funded using $700,000 in
CDBG entitlement funds previously allocated in program year 2018 and 2019, and
$2,550,000 in CDBG entitlement funds to be reprogrammed with a subsequent
amendment.
USE OF PROGRAMMED CDBG FUNDS
FFY Project
#
IDIS
Activity
ID
Activity Name
Proposed Substantial
Amendment 2019-01
Award
2019 To Be
Assigned Multigenerational Center $ 7,500,000.00
TOTAL USES TO BE REPROGRAMMED $ 7,500,000.00
To Be
Assigned
iii
Additional details are provided in the below table (AP-38 format)
Project
ID# 7
Project Name Multigenerational Center
Target Area N.Millbrook Avenue at Ashcroft Avenue
Goals
Supported
Public Facilities and Public Improvements
Needs
Addressed
Public Facilities and Public Improvements
Funding CDBG: $ 7,500,000.00
Description Funds will be used to design and
construct a multigenerational
community center.
Target Date October 17, 2022
Goal Multigenerational Community Center
Location
Description
Large Park, 4424 N. Millbrook Avenue,
Fresno 93726
Planned Activity 03E - Neighborhood Facilities 24 CFR 570.201(c)
Acquisition, construction, or rehabilitation of facilities
that are principally designed to serve a neighborhood
and that will be used for social services or for multiple
purposes (including recreation). Such facilities may
include libraries and community centers.
iv
PUBLIC REVIEW
DOCUMENT EXPIRES
March 23, 2020
Planning and Development Department
Housing and Community Development Division 2600
Fresno Street Room 3076
Fresno CA 93721
(559)621-8300
February 21, 2020
City of Fresno
SECTION 108 LOAN GUARANTEE
APPLICATION
MULTIGENERATIONAL CENTER
Section 108 Loan Guarantee Draft Application
2
Overview
As a recipient of Community Development Block Grant (CDBG) funding, the City of Fresno is eligible to
participate in the Section 108 Loan Guarantee program administered by the U.S. Department of Housing
and Urban Development (HUD). Under this program, the City is able to leverage up to five times its annual
CDBG allocation for large community development investments.
In its 2014-2019 Consolidated Plan, the City identified the provision of public facility improvements to
strengthen neighborhood revitalization, and assistance to low-income and special needs households as two
of its goals. These goals were driven by a strong demand for services and facilities to meet the needs of
youth, seniors, and neighborhoods, with many expressing a desire to see multiple services integrated into
one common space. In an effort to meet these goals, the City of Fresno is proposing to apply for a Section
108 Loan Guarantee to fund the construction of a new multi-generational community center and improved
park facilities that will increase the quality of life for the low and moderate income population in the
surrounding neighborhoods. Specifically, a multi-generational community center would improve the quality
of life for constituents by providing after school activities for youth, senior enrichment activities,
recreational space, meeting space, and improved green space with sports fields and a tot lot. Eligible Activities
If approved, the City would use the Section 108 Loan proceeds to construct a public facility on City-owned
land that would serve as a multi-generational community center. Under the CDBG regulations, this activity
is considered eligible at 24 CFR 570.703 (l) as follows:
(l) Acquisition, construction, reconstruction, rehabilitation or historic preservation,
or installation of public facilities (except for buildings for the general conduct of
government) to the extent eligible under §570.201(c). ……
The City expects to use all funding available through this application for the specific purpose of developing
a multi-generational community center to be used to provide neighborhood youth, senior and recreational
services. These funds will not be made available to for-profit and non-profit entities. National Objective to Be Met
The new multi-generational community center would benefit 16,520 residents in neighborhoods within a
half mile radius of the proposed site. According to the latest Low Moderate Income Data based on the
2011-2015 5-Year ACS, 9,805 residents within the radius are low or moderate income residents. With 59%
of residents being low and moderate income, the proposed site meets the qualification as a Low Mod Area
(24 CFR 570.208(a)(1)). Proposed Location
The approximately 6-acre subject site is Large Park further identified by APN 428-071-02 and commonly
known as 4424 N. Millbrook Avenue, Fresno 93726. Large Park is currently owned by the City, and is
bounded on the north by the Thomas Elementary School site (south of E. Gettysburg Avenue and east of N.
Section 108 Loan Guarantee Draft Application
3
Millbrook Avenue), on the east by N. 8th Street, on the south by E. Ashcroft Avenue, and on the west by N.
Millbrook Avenue. The subject site is surrounded by low density residential to the east, south, and west and
a public school to the north.
Financing
The cost of the new facility will be based on a number of factors, including the conceptual plan. The City will
conduct a citizen outreach campaign as part of this proposal to identify the features and amenities that
residents will want in the new facility. Potential features of the new facility could include but are not limited
to:
• Multi-use concept meeting and
recreation area with modular walls for
small group activities
• Kitchen for warming meals
• Area to accommodate after-school
activities and senior activities
• Office space for on-site staff and
meetings
• Play area with playground and tot lot
• Expansion of existing on-site parking
• Two sports fields
Based on these factors, the City estimate to construct the facility is $10.75 million. This estimate includes
the estimated financing fees associated with the Section 108 Loan Guarantee.
Section 108 Loan Guarantee Draft Application
4
Section 108 loan proceeds would form a key component of the financing for this proposal. The total
amount available via the Section 108 Loan Guarantee program will be equal to five times the City’s current
annual CDBG entitlement less any unpaid principal on prior loans. The City’s current annual grant is
$6,942,458. Based on this allocation, the City can borrow up to $34,347,290, which equals five times the
current grant ($34,712,290), less the outstanding loan balance on a current loan of $365,000.
In order to access Section 108 financing, the City proposes to pledge a portion of its future CDBG grants
(Program Years 2020 – 2039) as collateral for repayment. The City proposes to use the maximum
repayment period allowable, twenty years, in order to minimize the potential reduction of any given year.
In the event the United States Congress terminates the CDBG program prior to loan payoff, the City pledges
the subject land and improvements as collateral.
The City will request Section 108 loan proceeds in the amount of $7,500,000. The remainder of funding
would come from CDBG ntitlement previously approved and a proposed General Fund repayment to the
City’s CDBG letter of credit partially reprogrammed to this project.
SOURCE OF FUNDING AMOUNT FUNDING TYPE STATUS
CDBG 108 Loan Guarantee $7,500,000 Repayable Loan Subject Request
CDBG Entitlement (2018) $200,000 Grant Approved PY 2018
Action Plan
CDBG Entitlement (2019) $500,000 Grant Approved PY 2019
Action Plan
Reprogrammed CDBG
Funds
$2,550,000 Grant Pending Substantial
Amendment
TOTAL $10,750,000 70% Debt / 30%
Grant/Equity
The City is estimating the following financing terms for the Section 108 funds:
• 2.58% Financing fee, equal to $193,500 (7,500,00 X .0258)
• 20 Year term with variable rate interest based on 20 Year Treasury note, currently at 1.93% (as of
February 12, 2020)
• The facility would serve as collateral for the loan. The Section 108 loan would be in first position with
no other loans secured by the facility.
The city plans on incurring eligible costs prior to the Section 108 Loan Guarantee commitment. The City is
requesting permission to reimburse itself for pre-award costs per 24 CFR §570.200(h).
A proposed debt service schedule is attached to this proposal.
Section 108 Loan Guarantee Draft Application
5
Additional Information
The City will follow its adopted Citizen Participation Plan to receive citizen input on this proposal. The City
will undertake the following activities that will allow citizens to participate and comment on the proposal.
Public Hearing
The City will hold a public hearing regarding this proposal in front of the Housing and Community
Development Commission on February 26, 2020. A second public hearing will be held at City Hall on April 9,
2020 in City Council Chambers. The City will accommodate translation and interpretation for Spanish,
Hmong, and other languages and for persons with disabilities if a request is made at least 72 hours in
advance. If the City cannot accommodate translation and interpretation, the City will make alternative
opportunities available for non-English speaking persons and persons with disabilities to participate.
Public Comment Period
The City will accept written public comments regarding this proposal from February 21 to March 23, 2020.
All comments received will be considered when preparing the final application to HUD and will be included
as an attachment.
Comments may be emailed to HCDD@fresno.gov or submitted in writing to:
By U.S. Mail:
City of Fresno Housing and Community Development Division
2600 Fresno Street, CH3N3065
Fresno, CA 93721
In person or via courier:
City of Fresno Housing and Community Development Division
2600 Fresno Street, Third Floor, Room 3076
Fresno, CA 93721
For additional information regarding this proposal, please contact the City of Fresno Housing and
Community Development Division at 559-621-8300.
Upon completion of the public participation process, the City will consider the input received, amend the
application accordingly, and publish the final application before submittal to HUD for review.
Section 108 Loan Guarantee Draft Application
6
Attachment 1: Proposed Debt Service Schedule – Corrected 2‐28‐2020
Principal Amount: $7,500,000
Interest Rate: varies
Term (Years): 20
Payments (Semi‐annual): 40
Estimated
Annual
Rate
Payment
#
Payment
Date
Est.
Semi
Rate
Semi‐
Annual
Debt
Service
Semi‐
Annual
Interest
Payment
Principal
Payment
Principal
Balance
Annual
Debt
Service
payments
0.0241 $7,500,000
1 Feb‐21 1.27% $95,063 $95,063
2.535% 2 Aug‐21 1.27% $470,063 $95,063 $375,000 $7,125,000 $565,125
3 Feb‐22 1.28% $91,200 $91,200
2.560% 4 Aug‐22 1.28% $466,200 $91,200 $375,000 $6,750,000 $557,400
5 Feb‐23 1.29% $87,244 $87,244
2.585% 6 Aug‐23 1.29% $462,244 $87,244 $375,000 $6,375,000 $549,488
7 Feb‐24 1.31% $83,194 $83,194
2.610% 8 Aug‐24 1.31% $458,194 $83,194 $375,000 $6,000,000 $541,388
9 Feb‐25 1.32% $79,050 $79,050
2.635% 10 Aug‐25 1.32% $454,050 $79,050 $375,000 $5,625,000 $533,100
11 Feb‐26 1.33% $74,813 $74,813
2.660% 12 Aug‐26 1.33% $449,813 $74,813 $375,000 $5,250,000 $524,625
13 Feb‐27 1.34% $70,481 $70,481
2.685% 14 Aug‐27 1.34% $445,481 $70,481 $375,000 $4,875,000 $515,963
15 Feb‐28 1.36% $66,056 $66,056
2.710% 16 Aug‐28 1.36% $441,056 $66,056 $375,000 $4,500,000 $507,113
17 Feb‐29 1.37% $61,538 $61,538
2.735% 18 Aug‐29 1.37% $436,538 $61,538 $375,000 $4,125,000 $498,075
19 Feb‐30 1.38% $56,925 $56,925
2.760% 20 Aug‐30 1.38% $431,925 $56,925 $375,000 $3,750,000 $488,850
21 Feb‐31 1.39% $52,219 $52,219
2.785% 22 Aug‐31 1.39% $427,219 $52,219 $375,000 $3,375,000 $479,438
23 Feb‐32 1.41% $47,419 $47,419
2.810% 24 Aug‐32 1.41% $422,419 $47,419 $375,000 $3,000,000 $469,838
25 Feb‐33 1.42% $42,525 $42,525
2.835% 26 Aug‐33 1.42% $417,525 $42,525 $375,000 $2,625,000 $460,050
27 Feb‐34 1.43% $37,538 $37,538
2.860% 28 Aug‐34 1.43% $412,538 $37,538 $375,000 $2,250,000 $450,075
29 Feb‐35 1.44% $32,456 $32,456
2.885% 30 Aug‐35 1.44% $407,456 $32,456 $375,000 $1,875,000 $439,913
Section 108 Loan Guarantee Draft Application
7
Estimated
Annual
Rate
Payment
#
Payment
Date
Est.
Semi
Rate
Semi‐
Annual
Debt
Service
Semi‐
Annual
Interest
Payment
Principal
Payment
Principal
Balance
Annual
Debt
Service
payments
31 Feb‐36 1.46% $27,281 $27,281
2.910% 32 Aug‐36 1.46% $402,281 $27,281 $375,000 $1,500,000 $429,563
33 Feb‐37 1.47% $22,013 $22,013
2.935% 34 Aug‐37 1.47% $397,013 $22,013 $375,000 $1,125,000 $419,025
35 Feb‐38 1.48% $16,650 $16,650
2.960% 36 Aug‐38 1.48% $391,650 $16,650 $375,000 $750,000 $408,300
37 Feb‐39 1.49% $11,194 $11,194
2.985% 38 Aug‐39 1.49% $386,194 $11,194 $375,000 $375,000 $397,388
39 Feb‐40 1.51% $5,644 $5,644
3.010% 40 Aug‐40 1.51% $380,644 $5,644 $375,000 $0 $386,288
$9,621,000 $2,121,000 $7,500,000 $9,621,000
Section 108 Loan Guarantee Draft Application
8
Attachment 2: Additional Underwriting Information
Description of Facility
The City would like to create a multigenerational community center that provides recreation and
enrichment activities for neighborhood residents. The main features of the facility would be a multi-use
concept meeting and recreation area with modular walls for small group activities, a kitchen for warming
meals, an area to accommodate after-school activities and senior activities, a play area with playground and
tot lot, two sports fields, office space for staff and meetings, and an expansion of existing on-site parking.
The city will endeavor to implement the design guideline recommendations outlined in the Parks Master
Plan adopted by the City on January 25, 2018, available on the City’s website. The Parks Master Plan Design
Guidelines include recommendations for sustainability, public safety, durability, user experience,
accessibility, and identity/branding. The mockup below is an example floor plan for a community center
from the Parks Master Plan design guidelines. The actual floor plan will be determined through consultation
with the community.
The primary uses of the space are expected to be:
• Community enriching activities including after school programs and senior programs, to potentially
include meal service
• Sports programming including field reservations and soccer programs
• Recreation and fitness activities utilizing green space and playground equipment
• Community events and meetings
Market Need for Facility
The Parks Master Plan includes a Needs Assessment which concluded that needs exist in the ‘Existing
Neighborhoods South of Shaw’ park planning area both currently and in a projection of conditions in 2035.
Section 108 Loan Guarantee Draft Application
9
Community feedback specifically identified Large Park, the proposed site of the multigenerational center, as
a priority park for improvement. The neighborhoods surrounding the proposed site were further identified
as lacking access to park amenities such as playgrounds, shaded picnic areas, and sports fields.
The Parks Master Plan needs analysis supports that the proposed development would fill an existing market
need, would serve to strengthen civic pride, and provide a measured increase in the quality of life for
residents.
Section 108 Loan Guarantee Draft Application
10
Site Control
The City currently owns the proposed site. The site is Large Park, identified as APN 428-071-02 and
commonly known as 4424 N. Millbrook Avenue, Fresno 93726. The site is approximately 6 acres and is large
enough to accommodate the new development.
Section 108 Loan Guarantee Draft Application
11
Summary of Work Completed to Date
The City of Fresno has completed a number of preliminary tasks and is ready to proceed to the next stage of
feasibility once it has firm commitments from its funding sources, including the Section 108 loan.
• The City allocated $200,000 in CDBG funding in PY 2018 for the Planning and Design of a
Neighborhood Community Center; and an additional $500,000 for a multigenerational center in PY
2019.
• The city distributed an SOQ request for the master plan and design of a new Multi-Generational
community center on March 5, 2019.
• The City engaged Krazan & Associates, Inc. on January 17, 2020 to conduct an Environmental
Assessment of the proposed site.
• The City is initiating citizen participation initiatives including two public hearings as well as a
community workshop and public comment period on the draft plans.
Section 108 Loan Guarantee Draft Application
12
Projected Timeline
Preliminary Conceptual
Design
February 2020 – June 2020
NEPA, Section 106, and
SHPO Reviews
February 2020 – April 2020
Final Design and 100%
Plans
July 2020 – March 2021
Advertise and Award
Construction Contract
April 2021 – June 2021
Construction August 2021 – September 2022
Section 108 Loan Guarantee Draft Application
13
Construction Budget
Below is a summary of the proposed sources and uses for the development. A description is provided for
each source and use.
SOURCES AMOUNT USES AMOUNT
CDBG 108 Loan Guarantee $7,500,000 Construction costs $8,500,000 –
$9,000,000
CDBG Entitlement - 2018 $200,000 Section 108 financing costs $193,500
CDBG Entitlement - 2019 $500,000 Other soft costs $1,750,000 -
$2,000,000
Reprogrammed CDBG
Funds $2,550,000
TOTAL $10,750,000 TOTAL $10,750,000
Sources
• CDBG 108 Loan Guarantee ($7,500,000)
The City envisions the Section 108 loan proceeds will be used as the primary funding source for the
construction of the facility. Without the Section 108 loan, the development would become financially
infeasible. The total amount available via the Section 108 Loan Guarantee program will be equal to five
times the City’s current allocation less any unpaid principal on prior loans. The City’s current grant is
$6,942,458. Based on this allocation, the City can borrow up to $34,347,290, which equals five times
the current grant ($34,712,290), less an outstanding loan balance on a current loan of $365,000.
• CDBG Entitlement – 2018 and CDBG Entitlement - 2019 ($700,000)
The City has previously allocated $200,000 and $500,000 of CDBG entitlement funds in 2018 and 2019
respectively for the design and construction of a multigenerational community center.
• Reprogrammed CDBG Funds ($2,550,000)
Pending an additional substantial amendment, the City will reprogram $2.55 million from a proposed
General Fund repayment to the City’s CDBG letter of credit.
Section 108 Loan Guarantee Draft Application
14
Uses
• Construction – Hard Costs ($8.5 to $9 million)
The City has developed estimates for the conceptual floor designs. Construction costs are expected to
range from $8.5 to $9 million.
• Financing Costs
The City will be paying the 2.58% financing fee from guaranteed loan proceeds (or CDBG funds), up to
$193,500, associated with the use of the Section 108 loan.
• Other Soft Costs ($1.75 to $2 million)
The city will incur other soft costs of $1.75 to $2 million, inclusive of: architectural and engineering
design consulting services; project management; plan check/permitting; construction management;
and inspection and testing services.
Debt Service
The City anticipates the debt service will be met by future CDBG entitlement funds.
Collateral
The City proposes to pledge a portion of its future CDBG grants (Program Years 2020 – 2039) as collateral
for repayment. The City proposes to use the maximum repayment period allowable, twenty years, in order
to minimize the impact of the repayment obligation on any given year. In the event that the Federal
government terminates the CDBG program or reduces the City’s entitlement amount to a level below the
annual debt service prior to loan payoff, the City will pledge the subject land and improvements as
collateral.
City’s Capacity to Administer the Project
The City has developed large projects similar in nature, the most recent being Inspiration Park.
The City’s Planning and Development Department would serve as the project lead for the development.
The Planning and Development Department are responsible for administering the City’s annual allocations
of HUD grants including CDBG, HOME, HOPWA, and ESG. The City considered the potential for federal
funding of this project from the very beginning. As such, the Director of Planning and Development has
ensured that City staff have conducted preliminary reviews of the proposed project to ensure compliance
with all applicable federal regulations, including environmental review and procurement.
Next Steps
The City will complete the Environmental Assessment and procure a design team to prepare detailed plans
for the facility and a corresponding cost estimate. At each stage, the City will notify HUD as it moves
forward with more detailed information on the construction budget.
1 | Page
Public Comments and Responses
Housing and Community Development Commission (HCDC) Public Hearing – February 26, 2020
HCDC Meeting Public Comments Received
Upon call for public comment, the following 3 people addressed the HCDC:
1. Tasha Guess – Ms. Guess Introduced herself as a resident of West Fresno who has previously
requested play equipment for Californian Tupman Park. Ms. Guess noted that the equipment is
scheduled to be installed next month, then discussed the need for shade structures on account of
the heat in Fresno as well as a drinking fountain. Ms. Guess noted that kids that go to Edison High
school walk past the park, and by the time they arrive have already walked over half a mile, and
that having a drinking fountain for them would be fantastic. Additionally, a lot of Ms. Guess's
neighbors don’t have transportation and walk to the grocery store and other places. She reiterated
the need for them to sit and have shade in a place where kids could play with a drinking fountain
nearby. Ms. Guess introduced additional neighbors in attendance including the Millers and noted
that Pastor Ken from New Beginnings Church, who was not able to be here, also supports the
request.
[City Response: The improvements currently underway at the site (playground, fencing, and tree
planting) all stemmed from this neighborhood’s effort and attendance at previous HCDC
community need hearings. The continued improvement of the park remains a high priority for
these residents and stake holders. The City of Fresno PARCS Department supports continuing
improvements and would also suggest for consideration (now or future years) to add picnic
shelter(s), lighting, a walking path, and park signage. The City of Fresno Planning and Development
Department also encourages the residents and stakeholders to submit their requests as comments
to the 2020-2024 Consolidated Plan and 2020-2021 Annual Action Plan to HCDD@fresno.gov. The
public comment has been considered and accepted.]
2. Victoria Molina – Ms. Molina introduced herself on behalf of California Tupman Park. Ms. Molina
requested shrubs along the pathway of the fence, as well as exercise equipment and a jogging
track. Ms. Molina also requested a walking trail at Frank H. Ball Park and expressed how much she
would appreciate these amenities.
[City Response: The City of Fresno Planning and Development Department encourages the
residents and stakeholders to also submit their requests as comments to the 2020-2024
Consolidated Plan and 2020-2021 Annual Action Plan to HCDD@fresno.gov. The public comment
has been considered and accepted.]
3. Diane Smith – Ms. Smith introduced herself as a resident of southwest Fresno, and asked for
clarification on the 2018 and 2019 funds, specifically if those funds were being reprogrammed from
another project, and if so which project.
Substantial Amendment 2019-01 and Section 108 Loan Guarantee Application
Public Comments and Responses
2 | Page
[City Response: The 2018 and 2019 funds were originally programmed for the subject of this
request, the construction of a Multigenerational Community Center supporting the neighborhoods
in the area of Large Park. The public comment has been considered and accepted.]
PUBLIC REVIEW
DOCUMENT EXPIRES
March 23, 2020
Planning and Development Department
Housing and Community Development Division 2600
Fresno Street Room 3076
Fresno CA 93721
(559) 621-8300
February 21, April 9, 2020
City of Fresno
FY 2019 – 2020
Annual Action Plan
SUBSTANTIAL AMENDMENT
No. 2019 – 01
Summary
The City of Fresno (City) is a federal entitlement community that receives an
annual allocation of Community Development Block Grant (CDBG) funds from
the U.S. Department of Housing and Urban Development (HUD). As an entitlement
community, the City is required to prepare an Annual Action Plan detailing the uses of
CDBG funds to meet its affordable housing and community development goals as
outlined in its Consolidated Plan. For Program Year 2019-2020, the city is
proposing a substantial amendment to the Action Plan to include a $7.5 million
Section 108 Loan to fund the construction of a multigenerational center. This
effort is in alignment with the City’s goals as stated in the 2015-2019
Consolidated Plan to provide public facilities improvements to strengthen
neighborhood revitalization.
The City will accepted comments on the proposed substantial amendment for a period
of 30 days from February 21, 2020, through March 23, 2020.
Public Hearings:
Council Consideration
and Adoption:
Public Comments:
Housing and Community Development Commission
February 26, 2020 at 5:00 PM
Fresno City Hall, 2600 Fresno Street, Room 2120
3 comments were received and are attached to this
document.
City Council
April 9, 2020 at 10:05 AM
Fresno City Hall, 2600 Fresno Street, City Council
April 9, 2020, following the close of the Public
Hearing commencing at 10:05 AM
Fresno City Hall, 2600 Fresno Street, 2nd Floor,
Council Chambers
City of Fresno
Planning and Development Department
Attn: Housing and Community Development Division
2600 Fresno Street Room 3076
Fresno CA 93721
Phone:
Fax:
(559)621-8300
(559)559-457-1054
TTY: (559)621-8721
Email: HCDD@fresno.gov
(Please type “2019 Amendment” in the
message subject line)
Description
TOTAL SOURCES TO BE PROGRAMED $7,500,000.00
The City of Fresno will allocate $7,500,000 of CDBG Section 108 Loan funding for
Program Year 2019 for the design and construction of a multi-generational community
center with a proposed location of Large Park, 4424 N. Millbrook Avenue, Fresno
93726. The multigenerational center will be designed based on community input and
may include a multi-use concept meeting and recreation area with modular walls for
small group activities, a kitchen for warming meals, an area to accommodate after-
school activities and senior activities, a play area with playground and tot lot, two
soccer fields, office space for staff and meetings, and an expansion of existing on-site
parking. The remainder of the estimated $10,750,000 will be funded using $700,000 in
CDBG entitlement funds previously allocated in program year 2018 and 2019, and
$2,550,000 in CDBG entitlement and general funds to be reprogrammed with a
subsequent amendment.
USE OF PROGRAMMED CDBG FUNDS
FFY Project
#
IDIS
Activity
ID
Activity Name
Proposed Substantial
Amendment 2019-01
Award
2019 To Be
Assigned Multigenerational Center $ 7,500,000.00
TOTAL USES TO BE REPROGRAMMED $ 7,500,000.00
To Be
Assigned
Additional details are provided in the below table (AP-38 format)
Project
ID #7
Project Name Multigenerational Center
Target Area N.Millbrook Avenue at Ashcroft Avenue
Goals
Supported
Public Facilities and Public Improvements
Needs
Addressed
Public Facilities and Public Improvements
Funding CDBG: $ 7,500,000.00
Description Funds will be used to design and
construct a multigenerational
community center.
Target Date October 17, 2022
Goal Multigenerational Community Center
Location
Description
Large Park, 4424 N. Millbrook Avenue,
Fresno 93726
Planned Activity 03E - Neighborhood Facilities 24 CFR 570.201(c)
Acquisition, construction, or rehabilitation of facilities
that are principally designed to serve a neighborhood
and that will be used for social services or for multiple
purposes (including recreation). Such facilities may
include libraries and community centers.
Public Review Document
February 21April 9, 2020
Substantial Amendment 2019-1 to the
2019 Annual Action Plan
Section 108 Loan Guarantee Application
for the Construction of a Multigenerational
Center
Planning and Development Department
2600 Fresno Street, Room 3065
Fresno, CA 93721
(559) 621-8003
www.fresno.gov
Section 108 Loan Guarantee Draft Application
2
Overview
As a recipient of Community Development Block Grant (CDBG) funding, the City of Fresno is eligible to
participate in the Section 108 Loan Guarantee program administered by the U.S. Department of Housing
and Urban Development (HUD). Under this program, the City is able to leverage up to five times its annual
CDBG allocation for large community development investments.
In its 2014-2019 Consolidated Plan, the City identified the provision of public facility improvements to
strengthen neighborhood revitalization, and assistance to low-income and special needs households as two
of its goals. These goals were driven by a strong demand for services and facilities to meet the needs of
youth, seniors, and neighborhoods, with many expressing a desire to see multiple services integrated into
one common space. In an effort to meet these goals, the City of Fresno is proposing to apply for a Section
108 Loan Guarantee to fund the construction of a new multi-generational community center and improved
park facilities that will increase the quality of life for the low and moderate income population in the
surrounding neighborhoods. Specifically, a multi-generational community center would improve the quality
of life for constituents by providing after school activities for youth, senior enrichment activities,
recreational space, meeting space, and improved green space with sports fields and a tot lot. Eligible Activities
If approved, the City would use the Section 108 Loan proceeds to construct a public facility on City-owned
land that would serve as a multi-generational community center. Under the CDBG regulations, this activity
is considered eligible at 24 CFR 570.703 (l) as follows:
(l) Acquisition, construction, reconstruction, rehabilitation or historic preservation,
or installation of public facilities (except for buildings for the general conduct of
government) to the extent eligible under §570.201(c). ……
The City expects to use all funding available through this application for the specific purpose of developing
a multi-generational community center to be used to provide neighborhood youth, senior and recreational
services. These funds will not be made available to for-profit and non-profit entities. National Objective to Be Met
The new multi-generational community center would benefit 16,520 residents in neighborhoods within a
half mile radius of the proposed site. According to the latest Low Moderate Income Data based on the
2011-2015 5-Year ACS, 9,805 residents within the radius are low or moderate income residents. With 59%
of residents being low and moderate income, the proposed site meets the qualification as a Low Mod Area
(24 CFR 570.208(a)(1)). Proposed Location
The approximately 6-acre subject site is Large Park further identified by APN 428-071-02 and commonly
known as 4424 N. Millbrook Avenue, Fresno 93726. Large Park is currently owned by the City, and is
bounded on the north by the Thomas Elementary School site (south of E. Gettysburg Avenue and east of N.
Section 108 Loan Guarantee Draft Application
3
Millbrook Avenue), on the east by N. 8th Street, on the south by E. Ashcroft Avenue, and on the west by N.
Millbrook Avenue. The subject site is surrounded by low density residential to the east, south, and west and
a public school to the north.
Financing
The cost of the new facility will be based on a number of factors, including the conceptual plan. The City will
conduct a citizen outreach campaign as part of this proposal to identify the features and amenities that
residents will want in the new facility. Potential features of the new facility could include but are not limited
to:
• Multi-use concept meeting and
recreation area with modular walls for
small group activities
• Kitchen for warming meals
• Area to accommodate after-school
activities and senior activities
• Office space for on-site staff and
meetings
• Play area with playground and tot lot
• Expansion of existing on-site parking
• Two sports fields
Based on these factors, the City estimate to construct the facility is $10.75 million. This estimate includes
the estimated financing fees associated with the Section 108 Loan Guarantee.
Section 108 Loan Guarantee Draft Application
4
Section 108 loan proceeds would form a key component of the financing for this proposal. The total
amount available via the Section 108 Loan Guarantee program will be equal to five times the City’s current
annual CDBG entitlement less any unpaid principal on prior loans. The City’s current annual grant is
$6,942,458. Based on this allocation, the City can borrow up to $34,347,290, which equals five times the
current grant ($34,712,290), less the outstanding loan balance on a current loan of $365,000.
In order to access Section 108 financing, the City proposes to pledge a portion of its future CDBG grants
(Program Years 2020 – 2039) as collateral for repayment. The City proposes to use the maximum
repayment period allowable, twenty years, in order to minimize the potential reduction of any given year.
In the event the United States Congress terminates the CDBG program prior to loan payoff, the City pledges
the subject land and improvements as collateral.
The City will request Section 108 loan proceeds in the amount of $7,500,000. The remainder of funding
would come from CDBG ntitlement previously approved and a proposed General Fund repayment to the
City’s CDBG letter of credit partially reprogrammed to this project.
SOURCE OF FUNDING AMOUNT FUNDING TYPE STATUS
CDBG 108 Loan Guarantee $7,500,000 Repayable Loan Subject Request
CDBG Entitlement (2018) $200,000 Grant Approved PY 2018 Action Plan
CDBG Entitlement (2019) $500,000 Grant Approved PY 2019 Action Plan
Reprogrammed CDBG
General FundFunds
$2,550,000$2,49
7,181.48
GrantGeneral Fund Pending Substantial
AmendmentPreviously identified
for this purpose and paid to CDBG
Letter of Credit per proposed
Substantial Amendment 2019-02
CDBG Project Savings $52,818.52 Grant Proposed Substantial Amendment
2019-02
TOTAL $10,750,000 70% Debt / 30%
Grant/Equity
The City is estimating the following financing terms for the Section 108 funds:
• 2.58% Financing fee, equal to $193,500 (7,500,00 X .0258)
• 20 Year term with variable rate interest based on 20 Year Treasury note, currently at 1.93% (as of
February 12, 2020)
• The facility would serve as collateral for the loan. The Section 108 loan would be in first position with
no other loans secured by the facility.
The city plans on incurring eligible costs prior to the Section 108 Loan Guarantee commitment. The City is
requesting permission to reimburse itself for pre-award costs per 24 CFR §570.200(h).
A proposed debt service schedule is attached to this proposal.
Section 108 Loan Guarantee Draft Application
5
Section 108 Loan Guarantee Draft Application
6
Additional Information
The City will followed its adopted Citizen Participation Plan to receive citizen input on this proposal. The
City will undertake , including the following activities that will allow which allowed citizens to participate
and comment on the proposal.
Public Hearing
The City will hold held a public hearing regarding this proposal in front of the Housing and Community
Development Commission on February 26, 2020. Three comments were received and are included as an
attachment to this application. A second public hearing will be held at City Hall on April 9, 2020 in City
Council Chambers. The City will offered accommodataccommodations by requeste and offered translation
and interpretation for Spanish, and Hmong, . and other languages and for persons with disabilities if a
request is made at least 72 hours in advance. If the City cannot accommodate translation and
interpretation, the City will make alternative opportunities available for non-English speaking persons and
persons with disabilities to participate.
Public Comment Period
The City will accepted written public comments regarding this proposal from February 21 to March 23,
2020. All comments received will be considered No written comments were received. Comments presented
at the February 26, 2020 Public Hearing at a meeting of the Housing and Community Development
Commission are attached, and any additional comments received at the April 9, 2020 Public Hearing at City
Council when preparing will also be attached to the final application to HUD and will be included as an
attachment.
Comments may be were accepted by emailed to HCDD@fresno.gov or submitted in writing to:
By U.S. Mail:
City of Fresno Housing and Community Development Division
2600 Fresno Street, CH3N3065
Fresno, CA 93721
In person or via courier:
City of Fresno Housing and Community Development Division
2600 Fresno Street, Third Floor, Room 3076
Fresno, CA 93721
For additional information regarding this proposal, please contact the City of Fresno Housing and
Community Development Division at 559-621-8300.
Upon completion of the public participation process, the City will consider the input received, amend the
application accordingly, and publish the final application before submittal to HUD for review.
Section 108 Loan Guarantee Draft Application
7
Attachment 1: Proposed Debt Service Schedule – Corrected 2-28-2020
Principal Amount: $7,500,000
Interest Rate: varies
Term (Years): 20
Payments (Semi-annual): 40
Estimated
Annual
Rate
Payment
#
Payment
Date
Est.
Semi
Rate
Semi-
Annual
Debt
Service
Semi-
Annual
Interest
Payment
Principal
Payment
Principal
Balance
Annual
Debt
Service
payments
0.0241 $7,500,000
1 Feb-21 1.27% $95,063 $95,063
2.535% 2 Aug-21 1.27% $470,063 $95,063 $375,000 $7,125,000 $565,125
3 Feb-22 1.28% $91,200 $91,200
2.560% 4 Aug-22 1.28% $466,200 $91,200 $375,000 $6,750,000 $557,400
5 Feb-23 1.29% $87,244 $87,244
2.585% 6 Aug-23 1.29% $462,244 $87,244 $375,000 $6,375,000 $549,488
7 Feb-24 1.31% $83,194 $83,194
2.610% 8 Aug-24 1.31% $458,194 $83,194 $375,000 $6,000,000 $541,388
9 Feb-25 1.32% $79,050 $79,050
2.635% 10 Aug-25 1.32% $454,050 $79,050 $375,000 $5,625,000 $533,100
11 Feb-26 1.33% $74,813 $74,813
2.660% 12 Aug-26 1.33% $449,813 $74,813 $375,000 $5,250,000 $524,625
13 Feb-27 1.34% $70,481 $70,481
2.685% 14 Aug-27 1.34% $445,481 $70,481 $375,000 $4,875,000 $515,963
15 Feb-28 1.36% $66,056 $66,056
2.710% 16 Aug-28 1.36% $441,056 $66,056 $375,000 $4,500,000 $507,113
17 Feb-29 1.37% $61,538 $61,538
2.735% 18 Aug-29 1.37% $436,538 $61,538 $375,000 $4,125,000 $498,075
19 Feb-30 1.38% $56,925 $56,925
2.760% 20 Aug-30 1.38% $431,925 $56,925 $375,000 $3,750,000 $488,850
21 Feb-31 1.39% $52,219 $52,219
2.785% 22 Aug-31 1.39% $427,219 $52,219 $375,000 $3,375,000 $479,438
23 Feb-32 1.41% $47,419 $47,419
2.810% 24 Aug-32 1.41% $422,419 $47,419 $375,000 $3,000,000 $469,838
25 Feb-33 1.42% $42,525 $42,525
2.835% 26 Aug-33 1.42% $417,525 $42,525 $375,000 $2,625,000 $460,050
27 Feb-34 1.43% $37,538 $37,538
2.860% 28 Aug-34 1.43% $412,538 $37,538 $375,000 $2,250,000 $450,075
29 Feb-35 1.44% $32,456 $32,456
2.885% 30 Aug-35 1.44% $407,456 $32,456 $375,000 $1,875,000 $439,913
Section 108 Loan Guarantee Draft Application
8
Estimated
Annual
Rate
Payment
#
Payment
Date
Est.
Semi
Rate
Semi-
Annual
Debt
Service
Semi-
Annual
Interest
Payment
Principal
Payment
Principal
Balance
Annual
Debt
Service
payments
31 Feb-36 1.46% $27,281 $27,281
2.910% 32 Aug-36 1.46% $402,281 $27,281 $375,000 $1,500,000 $429,563
33 Feb-37 1.47% $22,013 $22,013
2.935% 34 Aug-37 1.47% $397,013 $22,013 $375,000 $1,125,000 $419,025
35 Feb-38 1.48% $16,650 $16,650
2.960% 36 Aug-38 1.48% $391,650 $16,650 $375,000 $750,000 $408,300
37 Feb-39 1.49% $11,194 $11,194
2.985% 38 Aug-39 1.49% $386,194 $11,194 $375,000 $375,000 $397,388
39 Feb-40 1.51% $5,644 $5,644
3.010% 40 Aug-40 1.51% $380,644 $5,644 $375,000 $0 $386,288
$9,621,000 $2,121,000 $7,500,000 $9,621,000
Section 108 Loan Guarantee Draft Application
9
Attachment 2: Additional Underwriting Information
Description of Facility
The City would like to create a multigenerational community center that provides recreation and
enrichment activities for neighborhood residents. The main features of the facility would be a multi-use
concept meeting and recreation area with modular walls for small group activities, a kitchen for warming
meals, an area to accommodate after-school activities and senior activities, a play area with playground and
tot lot, two sports fields, office space for staff and meetings, and an expansion of existing on-site parking.
The city will endeavor to implement the design guideline recommendations outlined in the Parks Master
Plan adopted by the City on January 25, 2018, available on the City’s website. The Parks Master Plan Design
Guidelines include recommendations for sustainability, public safety, durability, user experience,
accessibility, and identity/branding. The mockup below is an example floor plan for a community center
from the Parks Master Plan design guidelines. The actual floor plan will be determined through consultation
with the community.
The primary uses of the space are expected to be:
• Community enriching activities including after school programs and senior programs, to potentially
include meal service
• Sports programming including field reservations and soccer programs
• Recreation and fitness activities utilizing green space and playground equipment
• Community events and meetings
Market Need for Facility
The Parks Master Plan includes a Needs Assessment which concluded that needs exist in the ‘Existing
Neighborhoods South of Shaw’ park planning area both currently and in a projection of conditions in 2035.
Section 108 Loan Guarantee Draft Application
10
Community feedback specifically identified Large Park, the proposed site of the multigenerational center, as
a priority park for improvement. The neighborhoods surrounding the proposed site were further identified
as lacking access to park amenities such as playgrounds, shaded picnic areas, and sports fields.
The Parks Master Plan needs analysis supports that the proposed development would fill an existing market
need, would serve to strengthen civic pride, and provide a measured increase in the quality of life for
residents.
Section 108 Loan Guarantee Draft Application
11
Site Control
The City currently owns the proposed site. The site is Large Park, identified as APN 428-071-02 and
commonly known as 4424 N. Millbrook Avenue, Fresno 93726. The site is approximately 6 acres and is large
enough to accommodate the new development.
Section 108 Loan Guarantee Draft Application
12
Summary of Work Completed to Date
The City of Fresno has completed a number of preliminary tasks and is ready to proceed to the next stage of
feasibility once it has firm commitments from its funding sources, including the Section 108 loan.
• The City allocated $200,000 in CDBG funding in PY 2018 for the Planning and Design of a
Neighborhood Community Center; and an additional $500,000 for a multigenerational center in PY
2019.
• The city distributed an SOQ request for the master plan and design of a new Multi-Generational
community center on March 5, 2019.
• The City engaged Krazan & Associates, Inc. on January 17, 2020 to conduct an Environmental
Assessment of the proposed site.
• The City is initiating citizen participation initiatives including two public hearings as well as a
community workshop and public comment period on the draft plans.
Section 108 Loan Guarantee Draft Application
13
Projected Timeline
Preliminary Conceptual
Design
February 2020 – June 2020 Summer 2020
NEPA, Section 106, and
SHPO Reviews
February 2020 – April 2020
Final Design and 100%
Plans
July 2020 – March 2021
Advertise and Award
Construction Contract
April 2021 – June 2021
Construction August 2021 – September 2022
Summer 2020
Winter 2020-2021
Spring 2021
Summer-Fall 2021
Section 108 Loan Guarantee Draft Application
14
Construction Budget
Below is a summary of the proposed sources and uses for the development. A description is provided for
each source and use.
SOURCES AMOUNT USES AMOUNT
CDBG 108 Loan
Guarantee $7,500,000 Construction costs $8,500,000 –
$9,000,000
CDBG Entitlement - 2018 $200,000 Section 108 financing costs $193,500
CDBG Entitlement - 2019 $500,000 Other soft costs $1,750,000 -
$2,000,000
Reprogrammed CDBG
FundsGeneral Fund $2,550497,000181.48
CDBG Project Savings $52,818.52
TOTAL $10,750,000 TOTAL $10,750,000
Sources
• CDBG 108 Loan Guarantee ($7,500,000)
The City envisions the Section 108 loan proceeds will be used as the primary funding source for the
construction of the facility. Without the Section 108 loan, the development would become financially
infeasible. The total amount available via the Section 108 Loan Guarantee program will be equal to five
times the City’s current allocation less any unpaid principal on prior loans. The City’s current grant is
$6,942,458. Based on this allocation, the City can borrow up to $34,347,290, which equals five times
the current grant ($34,712,290), less an outstanding loan balance on a current loan of $365,000.
• CDBG Entitlement – 2018 and CDBG Entitlement - 2019 ($700,000)
The City has previously allocated $200,000 and $500,000 of CDBG entitlement funds in 2018 and 2019
respectively for the design and construction of a multigenerational community center.
• Reprogrammed CDBG Funds ($2,550,000)
Pending an additional substantial amendment, the City will reprogram $2.55 million including
$52,818.52 of 2019 project savings and a $2,497,181.48 payment to the CDBG letter of credit from
from a proposed General Funds repayment to the City’s CDBG letter of creditpreviously identified for
this purpose.
Section 108 Loan Guarantee Draft Application
15
Section 108 Loan Guarantee Draft Application
16
Uses
• Construction – Hard Costs ($8.5 to $9 million)
The City has developed estimates for the conceptual floor designs. Construction costs are expected to
range from $8.5 to $9 million.
• Financing Costs
The City will be paying the 2.58% financing fee from guaranteed loan proceeds (or CDBG funds), up to
$193,500, associated with the use of the Section 108 loan.
• Other Soft Costs ($1.75 to $2 million)
The city will incur other soft costs of $1.75 to $2 million, inclusive of: architectural and engineering
design consulting services; project management; plan check/permitting; construction management;
and inspection and testing services.
Debt Service
The City anticipates the debt service will be met by future CDBG entitlement funds.
Collateral
The City proposes to pledge a portion of its future CDBG grants (Program Years 2020 – 2039) as collateral
for repayment. The City proposes to use the maximum repayment period allowable, twenty years, in order
to minimize the impact of the repayment obligation on any given year. In the event that the Federal
government terminates the CDBG program or reduces the City’s entitlement amount to a level below the
annual debt service prior to loan payoff, the City will pledge the subject land and improvements as
collateral.
City’s Capacity to Administer the Project
The City has developed large projects similar in nature, the most recent being Inspiration Park.
The City’s Planning and Development Department would serve as the project lead for the development.
The Planning and Development Department are responsible for administering the City’s annual allocations
of HUD grants including CDBG, HOME, HOPWA, and ESG. The City considered the potential for federal
funding of this project from the very beginning. As such, the Director of Planning and Development has
ensured that City staff have conducted preliminary reviews of the proposed project to ensure compliance
with all applicable federal regulations, including environmental review and procurement.
Next Steps
The City will complete the Environmental Assessment and procure a design team to prepare detailed plans
for the facility and a corresponding cost estimate. At each stage, the City will notify HUD as it moves
forward with more detailed information on the construction budget.
SUMMARY OF FUNDING SOURCES
MULTIGENERATIONAL CENTER
SOURCE OF
FUNDING
AMOUNT FUNDING
TYPE
STATUS
Section 108 Loan
Guarantee
$7,500,000 Repayable
Loan
Proposed Substantial
Amendment 2019-01
CDBG Entitlement
(2018)
$200,000 Grant Approved PY 2018 Action Plan
CDBG Entitlement
(2019)
$500,000 Grant Approved PY 2019 Action Plan
CDBG Project
Savings
$52,818.52 Grant Proposed Substantial
Amendment 2019-02
General Fund $2,497,181.48 General Fund Previously Approved
TOTAL $10,750,000 70% Debt /
30%
Grant/Equity
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00452 Agenda Date:4/9/2020 Agenda #:
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:JENNIFER CLARK, Director
Planning and Development Department
THROUGH:THOMAS MORGAN, Housing Manager
Housing and Community Development Division
KAREN JENKS, Administrative Manager
Housing and Community Development Division
BY:EDWARD CHINEVERE, Senior Management Analyst
Housing and Community Development Division
SUBJECT
(CONTINUED TO MAY 14, 2020)
Actions pertaining to the 2020-2024 Consolidated Plan Including Citizen Participation Plan,2020-
2021 Annual Action Plan, and Analysis of Impediments to Fair Housing Choice. Citywide.
1.HEARING to obtain public comments regarding the Draft 2020-2024Consolidated Plan
Including Citizen Participation Plan,Draft 2020-2021 Annual Action Plan,and Draft Analysis of
Impediments to Fair Housing Choice; and
2.RESOLUTION -Adopting the 2020-2024 Consolidated Plan including Citizen Participation
Plan,2020-2021 Annual Action Plan,and Analysis of Impediments to Fair Housing Choice;
authorizing submission to the U.S.Department of Housing and Urban Development (HUD)for
application of the Community Development Block Grant (CDBG),HOME Investment
Partnerships (HOME),Emergency Solutions Grant (ESG),and Housing Opportunities for
Persons with AIDS (HOPWA)Programs and authorizing the City Manager to sign all
implementing documents required by HUD as approved to form by the City Attorney.
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00453 Agenda Date:4/9/2020 Agenda #:
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:JENNIFER CLARK, Director
Planning and Development Department
THROUGH:THOMAS MORGAN, Housing Manager
Housing and Community Development Division
KAREN JENKS, Administrative Manager
Housing and Community Development Division
BY:EDWARD CHINEVERE, Senior Management Analyst
Housing and Community Development Division
SUBJECT
(CONTINUED TO MAY 14, 2020)
Actions pertaining to proposed Substantial Amendment 2019-02 to the 2019-2020 Annual Action
Plan. (District 4)
1.HEARING to obtain public comments regarding Substantial Amendment 2019-02 to the 2019-
2020 Annual Action Plan to reprogram Community Development Block Grant (CDBG)
entitlement funds for the construction of a Multigenerational Community Center in Large Park,
located at 4424 N. Millbrook Avenue, Fresno, CA 93726; and
2.RESOLUTION -Adopting Substantial Amendment 2019-02 to the 2019-2020 Annual Action
Plan to submit a request to the U.S.Department of Housing and Urban Development (HUD)to
reprogram CDBG entitlement funds for the construction of a Multigenerational Community
Center and authorizing the City Manager to sign all necessary implementing documents
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00443 Agenda Date:4/9/2020 Agenda #:
REPORT TO THE CITY COUNCIL
April 9, 2020
FROM:JENNIFER K. CLARK, Director
Planning and Development Department
THROUGH:DAN ZACK, Assistant Director
Development Services Division
WILL TACKETT, Planning Manager
Development Services Division
BY:ROB HOLT, Planner III
Development Services Division
SUBJECT
HEARING to Consider Rezone Application No.P19-04890,Development Permit Application No.P19-
02898;and related Environmental Assessment No.P19-02898/P19-04890 pertaining to 0.44 acres of
property located on the east side of North Arthur Avenue,south of its intersection with West Shaw
Avenue (Council District 1) - Planning and Development Department.
1.ADOPT Environmental Assessment No.P19-02898/P19-04890,dated February 7,2020,a
Negative Declaration for the proposed project pursuant to the California Environmental Quality
Act (CEQA).
2.ADOPT findings pursuant to Government Code Section 65863(b)(2)that there is substantial
evidence in the record that remaining sites identified in the Housing Element can
accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA).
3.BILL -(For introduction and adoption)-Approving Rezone Application No.P19-04890
requesting authorization to remove conditions of zoning on 0.44 acres located on the east side
of North Arthur Avenue, south of West Shaw Avenue.
4.APPROVE -Development Permit Application No.P19-02898 requesting authorization to
construct a seven-unit multi-family development in a RM-1 (Residential Multi-Family -Medium
High Density)zone district,subject to compliance with Conditions of Approval dated March 4,
2020.
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RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1.ADOPT Environmental Assessment No.P19-02898/P19-04890,dated February 7,2020,a
Negative Declaration for the proposed project pursuant to the California Environmental Quality
Act (CEQA).
2.ADOPT findings pursuant to Government Code Section 65863(b)(2)that there is substantial
evidence in the record that remaining sites identified in the Housing Element can
accommodate the City of Fresno’s share of the Regional Housing Needs Assessment (RHNA).
3.INTRODUCE AND ADOPT BILL approving Rezone Application No.P19-04890 requesting
authorization to remove conditions of zoning on 0.44 acres located on the east side of North
Arthur Avenue, south of West Shaw Avenue.
4.APPROVE Development Permit Application No.P19-02898 requesting authorization to
construct a seven-unit multi-family development in a RM-1 (Residential Multi-Family -Medium
High Density)zone district,subject to compliance with Conditions of Approval dated March 4,
2020.
EXECUTIVE SUMMARY
Rezone Application No.P19-04890 and Development Permit Application No.P19-02898 were filed
by Esteban Pauli of Pauli Engineering, Inc.
The proposed Rezone Application No.P19-04890 pertains to approximately 0.44 acres of property
located on the east side of North Arthur Avenue south of West Shaw Avenue.The purpose of the
rezone is to remove the conditions of zoning previously established in 1980,which limit the
development to no more than three (3)units,while the current zoning,RM-1 (12-16 dwelling
units/acre),requires a density of five to seven (5-7)units supported by the General Plan designation
of Residential - Medium High Density.
The proposed Development Permit No.P19-02898 pertains to the development of a seven (7)unit
multi-family residential development,consisting of two (2),2-story buildings.The front building will
consist of four (4)multi-family units that are each 975 s.f.with 2 bedroom/2 bath,and the rear
building will consist of three (3)townhouses that are each 1,270-square-feet with 2 bedrooms/2 ½
bathrooms, and private patios.
City of Fresno Planning Commission
On March 4,2020,the Planning Commission considered the item as presented by staff,followed by
a presentation by the applicant.During the hearing,two members of the public spoke on the project.
No letters and/or e-mails were received in opposition or support of the project.One member of the
public spoke in opposition of the project expressed concern of increased on-street parking along
North Arthur Avenue,and another individual spoke in support of the project and also had questions
on parking.After a complete hearing,the Planning Commission voted and recommended the City
Council approve the rezone and development permit applications 4 votes to 0,with twoCity of Fresno Printed on 12/12/2022Page 2 of 10
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Council approve the rezone and development permit applications 4 votes to 0,with two
Commissioners absent.The Planning Commission resolutions (Exhibit K and Exhibit L)are
attached for more information.
BACKGROUND/ANALYSIS
Site Development History
The subject property is currently an undeveloped vacant infill site.The site was previously developed
with a single family residence,which was abandoned and demolished approximately five (5)years
ago.In recent years,the property has been cited by Code Enforcement numerous times for an
abandoned building in disrepair,tall weeds,and dumping of rubbish and debris.The neighbors have
also indicated that there has been an issue with transients frequenting the site.
Conditions of Zoning
Statement of Covenants Affecting Land Development was recorded on the subject property,as
pursuant to the requirements of Rezone Application No.R-6163 approved by the Fresno City Council
on September 16, 1980, under Ordinance No. 80-137.
The Ordinance specified one (1) condition of zoning:
1.Not more than three (3) dwelling units shall be constructed upon the subject property.
Rezone Application No.R-6163 approved a rezone of the subject property from R-1 (Single-Family
Residential District)to R-2-A/cz (Low Density Multiple-Family Residential District,One Story).It is
noted,however,that the subject property was designated for medium-low density residential uses,
within the 1984 Fresno General Plan,which is consistent with single-family residential development
and not multi-family residential development.As such,the City of Fresno desired to obtain conditions
of zoning on the subject property to insure that the subject property was not developed,used,or
maintained in such a way as to adversely affect adjoining properties which is why there was a
maximum of 3 dwelling units allowed.
As noted in this staff report,the existing conditions of zoning are not consistent with the existing RM-
1 Zone District and Residential -Medium High Density designation of the General Plan.For the
proposed project to proceed,the subject property would need to be rezoned (conditions of zoning
removed)and the aforementioned covenant can then be released by the Planning and Development
Department.
Project Setting/Details
Development Permit Application No.P19-02898 was filed by Esteban Pauli of Pauli Engineering,Inc.
and subsequently conditions of zoning were discovered on the property,which required Rezone
Application No.P19-04890 to be filed to remove said conditions to be consistent with the existing RM
-1 Zone District and Residential - Medium High Density designation of the General Plan.
The property is 0.44 acres and is 63’wide x 303’deep with a 10’PG&E easement running diagonally
through the property,which has made it challenging to develop the site while meeting the City’s
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standards.
The property has a local street frontage,and it is adjacent to commercial,multi-family,and single-
family residential uses.The property owner is proposing a multi-family development that will be
similar to other existing sites throughout the neighborhood and at a scale that will be consistent with
the surrounding area.
The proposed development includes four (4)2-story,2 bedroom/2 bath 975 s.f.multi-family units and
three (3) 2-story, 2 bedroom/2 ½ bath 1,270 s.f. multi-family units with private patios.
The operational statement can be found in Exhibit B.Pursuant to Section 15-1002 of the Fresno
Municipal Code (FMC),multi-family residential uses are permitted in RM-1 zone district by-right.
Furthermore,the applicant has met the required Site Design Development Standards and Residential
Transition Standards for the proposed project.Despite the many challenges of designing the number
of required units on the subject property,no deviations or variances for the proposed development
have been applied.Given the existing land uses and zoning in the area,the subject property being
surrounded on three (3)sides with commercial mixed use and multi-family zoning,the proposed
development is determined to be appropriate at this location.
Building Height
Height requirements for new structures in the RM-1 zone district that are within 40 feet of an RS zone
district are limited to a maximum of 30 feet.Although currently there are no RS zone districts abutting
the subject property,there are properties within Fresno County’s jurisdiction abutting the subject
property with a planned land use designation of Residential -Medium Low Density.This planned land
use designation is consistent with the RS-4 zone district.Taking that into consideration,the maximum
height for new structures on the subject property should be 30 feet.As proposed,the tallest proposed
structure on the subject property is 28’-7.25”,complying with the 30 foot maximum height
requirement.
Setbacks
The setbacks required for the project are as follows:
·Front (min./max.):10’/20’
·Interior side (min.):10’ total, min. 4’/side
·Rear (min.):20’
·Parking:30’
The proposed site plan indicates the setbacks as follows:
·Front:10’
·Interior side:10’ total, 5’/5’
·Rear:20’
·Parking:138’
Landscaping
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In the front yard,two existing mature trees are to remain and a landscaped area with shade trees and
shrubbery is proposed to screen the trash enclosure at the front of the property.
The requirement for landscaping of the project is a Type 1 landscape buffer at the rear of the
property,which is described as a minimum width of 10 feet with two large trees,two small to medium
trees,six large shrubs and eight small to medium shrubs for each 100 linear feet of buffer yard.This
will be reflected in the conditions of approval for a required landscaping and irrigation plan to be
submitted and approve by the Planning and Development Department.
The minimum on-site open space requirement for the proposed development is 20%of lot area.The
site plan proposes a common open space area to be used for leisure activities,such as lounging,and
private landscaped rear yards with patios for the three dwelling units at the rear that cumulatively
exceed the minimum open space requirement,providing consistency with Article 23,Chapter 15
(Landscaping) of the FMC.
Parking
The required number of stalls per Section 15-2409 (Required Parking,Other Districts)of the FMC for
the proposed development is 11 parking stalls,of which 7 are required to be covered.However,per
Section 15-2413.B (Parking Reductions)of the FMC,a 30 percent parking reduction is allowed for
any multi-family land uses if any portion of the lot is located within ¼mile of a transit stop with a 15
minute or more frequent service during the hours of 7 a.m.to 9 a.m.and 5 p.m.and 7 p.m.With the
reduction,a minimum number of 7 parking stalls are required for the site.The site plan proposes 10
parking stalls,of which eight will be covered,meeting the parking standards (Article 24,Chapter 15)
of the FMC.
Land Use Plans and Policies
Fresno General Plan
The Fresno General Plan puts a strong emphasis on infill development,complete neighborhoods and
mobility and multimodal connectivity.
Goals of the Fresno General Plan include providing for a diversity of districts,neighborhoods,
housing types,and residential densities through 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.
The supporting Objectives and Policies of the Fresno General Plan include emphasizing compatible
infill development opportunities which provide for a diversity of districts,neighborhoods,and housing
types in order to afford a range of housing stock within the City of Fresno that will support balanced
urban growth and make efficient use of resources and public facilities.
Encouraging infill development on vacant lands within predominantly urbanized areas is necessary in
order to meet the Fresno General Plan’s objective to locate roughly one-half of future residential
development in infill areas-defined as being within the City on December 31,2012-including the
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Downtown core area and surrounding neighborhoods,mixed-use centers and transit-oriented
development along major BRT corridors, other non-corridor infill areas, and vacant land.
The subject property is approximately 0.44 acres of vacant land,which is substantially surrounded by
urban development.The proposed project makes the most efficient use of land and existing public
improvements,infrastructure and services by taking advantage of the opportunity to develop in an
area that is already developed and accommodated by City services.
The Fresno General Plan provides goals,objectives,and policies to guide development.The
proposed project aligns with many objectives and policies found in the Fresno General Plan.The
following are applicable goals, objectives and policies:
Goal 7:Provide 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 8:Develop 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 11:Emphasize increased land use intensity and mixed use development at densities supportive
of greater use of transit in Fresno.
Objective UF-1:Emphasize the opportunity for a diversity of districts,neighborhoods,and housing
types.
·Policy UF-1-f promotes diversity and variations of building types,densities,and scales of
development to reinforce the identity of individual neighborhoods,and further affordable
housing opportunities.
Objective LU-1:Establish a comprehensive citywide land use planning strategy to meet economic
development objectives,achieve efficient and equitable use of resources and infrastructure,and
create an attractive living environment.
·Policy LU-1-a:Promote new development,infill,and rehabilitation of existing building stock in
the Downtown Planning Area,along BRT corridors,in established neighborhoods generally
south of Herndon Avenue, and on other infill sites and vacant land within the City.
Objective LU-2:Plan for infill development that includes a range of housing types,building forms,
and land uses to meet the needs of both current and future residents.
·Policy LU-2-a:Promote development of vacant,underdeveloped,and re-developable land
within the City Limits where urban services are available by considering the establishment and
implementation of supportive regulations and programs.
Objective LU-5:Plan for a diverse housing stock that will support balanced urban growth,and make
efficient use of resources and public facilities.
·Policy LU-5-d:Promotes the development of medium-high density residential uses to
optimize use of available or planned public facilities and services.Provide housing
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opportunities with access to employment, shopping services, and transportation.
·Policy LU-5-g:Supports development adjacent to established neighborhoods that is
compatible in scale and character with the surrounding area.
·Policy LU-5-h:Supports housing that offers residents a variety of amenities including public
and private open space,landscaping,with direct access to public transit and community
gathering spaces.
Bullard Community Plan
Upon reviewing the policies contained in the Bullard Community Plan,staff has determined that there
are no policies that are applicable or which control based upon the priority of plans specified in
Section 15-104-B-4 of the FMC.
Fresno County Airport Land Use Compatibility Plan (ALUCP)
The proposed project is located within the Airport Influence Area.The Airport Land Use Commission
reviewed the project as submitted at their August 12,2019,regular meeting and approved a Finding
of Consistency with the ALUCP. No conditions were attached to the finding.
Housing Element Site
The subject property is designated as a Housing Element (HE)site,and it is a site listed in the 2013-
2023 RHNA Housing Sites Inventory.The Housing Sites Inventory establishes the minimum capacity
of this site to be five (5)units with an affordability categorization of Moderate.The proposed project
includes seven (7) units of market rate (Above Moderate) housing.
State law requires that when a jurisdiction permits development on a Housing Element Site at less
than the established minimum residential capacity and/or at a higher than established rate of
affordability,the following findings (supported by substantial written evidence)must be made at the
time of approval:the reduction is consistent with the adopted General Plan,including the Housing
Element,and that the remaining sites identified in the Housing Element are adequate to
accommodate the City of Fresno’s share of the RHNA.The project does not propose a reduction in
the minimum residential capacity, but does propose a higher than established rate of affordability.
As of the date of this analysis,the remaining sites identified in the Housing Element are adequate to
meet the requirements of Section 65583.2 of the California Government Code and to accommodate
the City’s share of the regional housing need pursuant to Section 65584.Approval of this project will
decrease the 2013-2023 RHNA capacity for Moderate units by 5 units which will reduce the excess
capacity from 1,001 to 996 and increase the 2013-2023 RHNA capacity for Above Moderate by 7
units,which will increase the excess capacity from 4,530 to 4,537.The 2013-2023 RHNA obligation
for Moderate is 3,228,and the total capacity remaining after the proposed decrease is 4,224.The
2013-2023 RHNA obligation for Above Moderate is 10,116,and the total capacity remaining after the
proposed increase is 14,653.
Public Resources
The subject site can be served by existing City services.The site is currently vacant land but is
substantially surrounded by developed urban uses.The proposed project will increase the availability
of housing in the area.
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File #:ID 20-00443 Agenda Date:4/9/2020 Agenda #:
The Public Works Department/Engineering has conditioned the applicant to preserve two (2)older
street trees.
The Department of Public Utilities (DPU)has determined that adequate sanitary sewer and water
services are available to serve the project site.
Review for compliance with fire and life safety requirements for the interior of proposed buildings and
the intended use is conducted by both the Fire Department and the Building and Safety Services
Section of the Planning and Development Department when a submittal for building plan review is
made as required by the California Building Code.
The Fresno Metropolitan Flood Control District (FMFCD)has indicated that the subject site is not
located within a flood prone or hazard area and a drainage plan is in place.
The Public Works Department/Traffic Engineering Division has determined that,based upon the
proposed traffic yield from and the expected traffic generation of the proposed project for the subject
property,the proposed project will not adversely impact the existing circulation system,and a Traffic
Impact Study is not required.
The project will be required to comply with the standard requirements,policies,and procedures of the
Public Works Department,which generally include:(1)Adjacent public street improvements
(including,but not limited to,construction and/or modification of curbs,sidewalks,ramps and
driveway approaches on the interior local street)and (2)Payment of applicable impact fees
(including,but not limited to,the water and sewer connection fees,Citywide Park Facility Impact Fee
New Growth Area Major Street Charge, Citywide Traffic Signal Charge, etc.).
Neighborhood Meeting
A neighborhood meeting was held on November 14,2019 at 6:00 p.m.at 2547 West Shaw Avenue,
Suite 113,pursuant to FMC Section 15-5006 and15-5805.The meeting was attended by 11 people
from the community. Comments received from the community conveyed concerns regarding:
·Affordability level of the proposed units;there was an overall concern that the units
would be substantiated/low income and therefore property values in the neighborhood
would decrease;
·Proximity and height of the buildings in relation to the surrounding property uses;
·Additional traffic in an area perceived as being overburdened by traffic from nearby
schools;
·Additional demand for on-site street parking,which is perceived as limited due to North
Arthur Avenue only having street parking on one-side of the street and North Arthur Avenue
narrows south of the subject property (outside of the city limits).
Staff believes that the noted issues have been adequately addressed,including through the
conditions of approval for the project.As noted above,the tallest proposed structure is 28’-7.25”,
complying with the 30 foot maximum height requirement.Also noted above,a minimum of 7 parking
stalls are required for the project. The site plan proposes 10 parking stalls.
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File #:ID 20-00443 Agenda Date:4/9/2020 Agenda #:
Council District Project Review Committee
The Council District 1 Project Review Committee reviewed the proposed project at their regular
meeting on November 5,2019,and voted unanimously to recommend approval of the project,5
votes to 0. The Committee did not have any recommendations for the proposed project.
Notice of City Council Hearing
The Planning and Development Department mailed notices of the April 9,2020,City Council hearing
to surrounding property owners within 1,000 feet of the subject property on March 27,2020 (Exhibit
G), pursuant to Section 15-5007-B-2 of the FMC.
ENVIRONMENTAL FINDINGS
An Initial Study (See Exhibit J “Environmental Assessment”)was prepared to evaluate the project in
accordance with the land use and environmental policies and provisions of the City of Fresno’s
General Plan adopted by the Fresno City Council on December 18,2014 and the related Master
Environmental Impact Report (MEIR)SCH No.2012111015.The project is determined not to have a
significant effect on the environment and is prepared in accordance with Sections 15070 to 15075 of
the CEQA Guidelines. The project is partially within the scope of MEIR SCH No. 2012111015.
Pursuant to Section 21157.1 of the California Public Resources Code (CEQA Provisions),it may be
determined that a subsequent project falls within the scope of the MEIR,provided that the project
does not cause additional significant impacts on the environment that were not previously examined
by the MEIR.Based on this Initial Study,the following findings are made:(1)The proposed project
implements water conservation goals set forth in the Fresno General Plan;(2)The proposed project
is partially within the scope of the MEIR because it will not generate additional significant effects on
the environment not previously examined and analyzed by the MEIR for the reasons set forth in the
Initial Study; and, (3) there are no additional mitigation measures or alternatives required.
The Planning and Development Department,as lead agency,finds that no substantial changes have
occurred with respect to the circumstances under which the MEIR was certified and that no new
information,which was not known and could not have been known at the time that MEIR was
certified as complete,has become available.Moreover,as lead agency for this project,the Planning
and Development Department,in accordance with Sections 15070 to 15075 of the CEQA Guidelines
has determined that all feasible mitigation measures from the MEIR shall be applied to the project as
set forth in the attached MEIR Mitigation Measure Monitoring Checklist.A public notice of the
attached negative declaration for Environmental Assessment No.P19-02898/P19-04890 was
published in The Fresno Bee on February 7, 2020, as required for public review and comment.
FRESNO MUNICIPAL CODE FINDINGS
Based upon analysis of the applications,staff concludes that the required findings of Sections 15-
5206 (Development Permit Findings)and 15-5812 (Rezone Findings)of the Fresno Municipal Code
can be made. These findings are attached as Exhibit F.
LOCAL PREFERENCE
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Local preference was not considered because the project does not include a bid or award of a
construction or service contract.
FISCAL IMPACT
Affirmative action by the City Council will result in timely deliverance of the review and processing of
the applications as is reasonably expected by the applicant.Prudent financial management is
demonstrated by the expeditious completion of this land use application in as much as the applicant
has paid to the City a fee for the processing of this application and that fee is,in turn,funding the
respective operations of the Planning and Development Department.
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 Rezone Application No.P19-04890 and Development Permit Application No.P19-
02898 is appropriate for the subject property.
Attachments:
Exhibit A -Site Plan, Floor Plan and Elevations
Exhibit B -Application Information (Operational Statement - Stamped Exhibit O)
Exhibit C -Aerial Map
Exhibit D -Vicinity Map
Exhibit E -Fresno General Plan Land Use & Zoning Map
Exhibit F -Fresno Municipal Code Findings
Exhibit G -Public Hearing Notice Radius Map
Exhibit H -Conditions of Approval dated March 4, 2020
Exhibit I -Comments and Requirements from Responsible Agencies
Exhibit J -Environmental Assessment No. P19-02898/P19-04890
Exhibit K -Planning Commission Resolution No. 13639 (Rezone Application No. P19-
04890)
Exhibit L -Planning Commission Resolution No. 13640 (Development Permit Application
No. P19-02898)
Exhibit M -City Council Ordinance Bill for Rezone Application No. P19-04890
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23456781091
Planning & Development Department
Development Partnership Center (DPC)
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
Operational Statement Template
Please use this template as a specific guide to explaining the scope of your project. This requ ired
information will assist all individuals, departments and agencies in their review and drafting of th eir
comments, conditions and suggestions. Our goal is to facilitate a n accurate and complete
description of your project in order to avoid unn ecessary delays in gathering additional information.
If you have any questions about the requested information or need help completing any portions of
this form please ca ll the Development Partnership Center at (559) 62 1-8180. This form must be
completed and submitted in order t o process your applicat ion. If this o perational statement is not
submitted or incomplete your application will not be accepted for processing.
Project Description:
is being submitted by of on behalf of
and pertains to acres of property located at
APN: and is zoned with a planned land use of
is requesting authorization to:
The proposed development will consist of:
The existing site currently exists of with existing parking spaces.
The proposed hours of operation are from to on
Other facts pertinent to this project are as follows:
Operational Narrative : (This is your opportunity to communicate in detail all other characteristics
of your property that would be important to consider when reviewing for completeness and
contemplating approval. Describe your proposed operation/development in as much detail as
possible including information such as name of business, product or service, anticipated traffic-
customers, deliveries, etc., any special events, number of employees, required equipment, on-site
storage, demolition or adaptive reuse of existing structures, noise generation, any hazardous
materials, etc.)
AERIAL MAP
LEGEND
Subject Property
±0.44 net acres
PLANNING AND DEVELOPMENT DEPARTMENT
Rezone Application No. P19-04890
Development Permit No. P19-02898
APN:
425-042-15
4934 N. Arthur Avenue
Zone District
RM-1 (Residential Multi-Family,
Medium High Density)
Land Use Designation
Residential – Medium High
Density
VICINITY MAP
LEGEND
Subject Property
±0.44 net acres
PLANNING AND DEVELOPMENT DEPARTMENT
Rezone & Development Permit
Rezone Application No. P19-04890
Development Permit No. P19-02898
APN:
425-042-15
East of N. Arthur Ave, near the
southeast corner of its intersection
with W. Shaw Ave
Zone District
RM-1 (Residential Multi-Family,
Medium High Density)
Land Use Designation
Residential – Medium High
Density
Zoning Map
Zoning
RS-4 (Residential Single-Family,
Medium Low Density)
RM-1 (Residential Multi-Family,
Medium High Density)
CMX (Corridor – Center
Mixed Use)
General Plan Land Use Map
Land Use Designation
Residential – Medium Low
Density
Residential – Medium
Density
Corridor – Center Mixed
Use
Residential – Medium
High Density
FRESNO MUNICIPAL CODE FINDINGS
REZONE APPLICATION NO. P19-04890
DEVELOPMENT PERMIT APPLICATION NO. P19-02898
REZONE APPLICATION FINDINGS
Section 15-5812 of the Fresno Municipal Code provides that the Planning Commission shall not
recommend and the City Council shall not approve an application unless the following findings can
be made for the proposed Rezone:
Findings per Fresno Municipal Code Section 15-5812
A. The change is consistent with the General Plan goals and policies, any operative plan, or
adopted policy;
Finding A: The purpose for the proposed rezone is not to change the current RM-1 zone district,
but to remove the existing conditions of zoning for the property, which provides
consistency with the General Plan goals and policies, any operative plan or adopted
policy.
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 rezone to remove the conditions of zoning will allow for the project to
build to the density consistent with the current RM-1 zone district. The proposed
construction of seven multi-family dwelling units promotes the growth of the city in an
orderly and sustainable manner and further promotes and protects 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 General
Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land
within a given zoning district to meet market demand.
Finding C: The conditions of zoning for the property limit the number of dwelling units allowed
on the property to no more than three dwelling units. The removal of conditions of
zoning will allow for consistency with the RM-1 zone district and minimum number of
dwelling units required by the Regional Housing Needs Allocation (RHNA) Housing
Sites Inventory which increases the inventory of land to meet the market demand.
The proposed development is consistent with the General Plan.
DEVELOPMENT PERMIT APPLICATION FINDINGS
Section 15-5206 of the Fresno Municipal Code provides the Director or Planning Commission may
only approve a Development Permit application if it finds that the application is consistent with the
purposes of this article and with the following:
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5206
a. The applicable standards and requirements of this Code.
Finding a: Development Permit Application No. P19-02898, subject to the Conditions of
Approval dated March 4, 2020, will comply with the Citywide Development Code
for the RM-1 (Residential Multi-Family, Medium High Density) zone district and
land use designation.
b. The General Plan and any operative plan or policies the City has adopted.
Finding b: The proposed project is in compliance with the Fresno General Plan and
Bullard Community Plan. The proposed use is compatible with the surrounding
uses, most of which are medium density (townhomes, condominiums, etc.)
residential uses.
c. Any applicable design guidelines adopted by the City Council.
Finding c: Development Permit Application No. P19-02898 complies with all applicable
design guidelines of the RM-1 (Residential Multi-Family, Medium High Density)
zone district and standards.
d. Any approved Tentative Map, Conditional Use Permit, Variance, or other planning or
zoning approval that the project required.
Finding d: Development Permit Application No. P19-02898 is consistent with the approval
of Rezone Application No. P19-04890 in that the removal of conditions of
zoning will allow for the development proposal of seven multi-family dwelling
units.
e. Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the
Fresno County Airport Land Use Commission pursuant to California Public Utilities Code
Sections 21670-21679.5.
Finding e. The subject property is located within the Airport Influence Area. The Fresno
County Airport Land Use Commission approved a Finding of Consistency with
the Fresno County Airport Land Use Compatibility Plan on August 12, 2019.
Based upon the plans and information submitted by the applicant and the recommended conditions
of project approval, staff has determined that all of the findings above can be made.
Public Hearing Notice Radius Map
Property
Subject 1,000 ft. Buffer
2/24/2020, 12:48:58 PM
0 0.08 0.160.04 mi
0 0.1 0.20.05 km
1:6,019
City of Fresno
City of Fresno
Planning and Development Department
Conditions of Approval
March 4, 2020
Development Permit No. P19-02898
Planner: Robert Holt
PROJECT DESCRIPTION
Development Permit Application No. P19-02898 was filed by Esteban Pauli of Pauli Engineering
Group and pertains to the 0.44 acres located on the east side of North Arthur Avenue, just south
of its intersection with West Shaw Avenue. The applicant is proposing to construct an
apartment complex consisting of (2) two-story buildings. The two buildings will house a total of
7 apartment units. The property is zoned RM-1.
APN: 425-042-15 ADDRESS: 4934 N ARTHUR AVE ZONING: RM-1
PART A - ITEMS TO BE COMPLETED
The following items are required prior to [issuance of building permits], [prior to occupancy], and/or
[commencement of land activity]:
Planner to check when completed
Development shall take place in accordance with Exhibits A-1, F-1, F-2, E-1, E-2, E-3, L-1, U-
1 dated 02/27/2020. Transfer all comments and conditions on redlined exhibits to the
corrected exhibit(s) and submit to planner at least 15 days prior to issuance of building
permits.
Aisles, passageways, recesses, etc., related to and within the building complex shall be
illuminated with an intensity of at least 0.25-foot candles at the ground level during the hours
of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.
Provide pedestrian-oriented lighting in accordance with FMC Section 15-2015-B-2-c: exterior
lighting with an intensity of at least 0.25-foot candles at the ground level shall be provided for
a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and
open areas with a safe level of illumination.
Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth
will not substantially impair the intended illumination.
The proposed site plan indicates light and glare may be directed onto residential use areas or
adjacent public rights-of-way. Demonstrate that plans are consistent with Article 25
(Performance Standards).
Demonstrate that the project provides a minimum of 50% parking lot shading, consistent with
FMC Section 15-2421.
Demonstrate compliance with Type 1 Landscape Buffer Requirements in accordance with
FMC Section 15-2305, Table 15-2305-C-2 for the rear yard setback.
A vertical clearance of no less than 6’7” shall be required pursuant to FMC Section 15-2418
(Parking Access). Revise the carport elevations accordingly.
Within the existing 10’ PG&E easement, all proposed development shall be approved by
PG&E.
Conditions of Approval
Conditional Use Permit Application No. P19-02898/P19-04890
March 4, 2020
Page 2 of 2
PART B - OTHER AGENCY COMMENTS AND CONDITIONS
To be checked when completed where applicable
1. Airports: See the attached Agency Comments letter dated 02/27/2020.
2. Building and Safety Services: See the attached Agency Comments letter dated
02/27/2020.
3. DPU Planning and Engineering: See the attached Agency Comments letter dated
02/27/2020.
4. DPU Water Division: See the attached Agency Comments letter dated 02/27/2020.
5. Fresno County Environmental Health: See the attached Agency Comments letter dated
02/27/2020.
6. Long Range Planning: See the attached Agency Comments letter dated 02/27/2019.
7. Fire Review: See the attached Fire Department comment letter dated 10/01/2019.
8. Flood Control District: See the attached Fresno Metropolitan Control District comment
letter dated 08/02/2019.
9. Irrigation District: See the attached Fresno Irrigation District comment letter dated
07/23/2019.
10. Land Impact Fee: See the attached Development Impact Fee comment letter dated
08/02/2019.
11. School District: See the attached Fresno Unified School District comment letter dated
07/17/2019.
12. Traffic Planning: See the attached Public Works Traffic Planning comment letter dated
08/07/2019 and the attached Public Works Traffic Planning redlines dated 08/07/2019.
PART C - PLANNING - OTHER REQUIREMENTS
1. Development shall take place in accordance with the policies of the Fresno General Plan, Bullard
Community Plan, and with the Residential - Medium High Density planned land use designation.
2. Development shall take place in accordance with the RM-1 zone district and all other applicable
sections of the Fresno Municipal Code.
3. Comply with the operational statement submitted for the proposed project dated 07/08/2019.
4. Comply with all applicable mitigation measures detailed in the attached Master Environmental
Impact Report (MEIR) Mitigation Monitoring Checklist for the Fresno General Plan and any
applicable project specific mitigation measures contained in the environmental assessment
adopted for the project.
2600 Fresno Street, Room 3043
Fresno, California 93721-3604
(559) 621-8003
www.fresno.gov
Planning and Development Department
Jennifer K. Clark, AICP, HDFP
Director
February 27, 2020
Agency Comments for Development Permit No. P19-02898
Airports
1. Airspace review required for any objects over 100 feet tall.
Building and Safety Services
The items below require a separate process with additional fees and timelines, in addition to the Development Permit process.
1. Building, Grading and Utility plans are required to be submitted to the Building and Safety Services Department for
approval and permits.
a. Provide accessible parking at carport with accessible loading aisle.
2. Fire-rated exterior walls with limited openings may be required at some units.
a. Fire-rating required is based on building construction type and distance from the property line.
b. Allowable openings in fire-rated exterior walls are based on distance from the property line.
DPU Planning and Engineering
Sanitary sewer facilities are available to provide service to the site subject to the following requirements:
1. Installation of sewer house branch(s) shall be required.
2. Street work permit is required for any work in the Right-of-Way.
3. On-site sanitary sewer facilities shall be private.
4. Abandon any existing on-site private septic systems.
5. The Project Developer shall contact Wastewater Management Division/Environmental Services at (559) 621-5100 prior to
pulling building permits regarding conditions of service for special users.
The following Sewer Connection Charges are due and shall be paid for the Project:
1. Sewer Lateral Charge.
2. Sewer Oversize Area.
3. House Branch Charge
4. Sewer Facility Charge (Multi-Residential)
5. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges
per Fresno Municipal Code Sections 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater
Facilities Charge and Trunk Sewer Charge where applicable.
Sewer Facility Charges are collected after occupancy on a monthly basis over time based on metered (water or sewer
effluent) usage. The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at (559)
621- 5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project (based on a constant sewer
discharge and loading (Biochemical Oxygen Demand [BOD] and Total Suspended Solids [TSS] levels anticipated) at the
current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding
estimated sewer discharge rates [flow] and loading [BOD/TSS levels] required for calculating the estimated charges.
DPU Water Division
1. The developer shall request domestic and irrigation water services and meters, from the 6-inch water main located in
North Arthur Avenue to serve the proposed development. This shall allow room for the future water main/service transfer
work, to be perform ed by the City.
2. On-site water facilities shall be private.
The water supply requirements for this project are as follows:
1. The existing property is currently served with one 1.5-inch water meter.
a. If the total domestic, commercial, industrial and irrigation water demands for the applicant’s proposed project can be
accommodated with the existing one 1.5-inch water meter, then the applicant shall not be required to pay a Water
Capacity Fee Charge.
b. If the total domestic, commercial, industrial and irrigation water demands for the applicant’s proposed project cannot
be accommodated with the one 1.5-inch water meter, and an additional water meter or a larger water meter is
required, then the applicant shall be required to pay a Water Capacity Fee Charge.
c. If a larger water meter or fire service is required to accommodate the new, larger water demands, then the Water
Capacity Fee Charge shall be calculated by subtracting the Water Capacity Fee Charge associated with the existing
water meter size from the Water Capacity Fee Charge associated with the larger water meter size required for the
applicant’s project. The Water Capacity Fee Charges for different meter sizes are published in the City’s Master Fee
Schedule.
Fresno County Environmental Health
1. The proposed construction project has the potential to expose nearby residents to elevated noise levels. Consideration
should be given to the City’s municipal code.
2. As a measure to protect ground water, all water wells and/or septic systems that exist or have been abandoned within
the project area should be properly destroyed by an appropriately licensed contractor.
3. Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an
Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health
Division. Contact the Certified Unified Program Agency at (559) 600-3271 for more information.
Long Range Planning
This project is located on a site listed in the 2013-2023 RHNA Housing Sites Inventory. The Housing Sites Inventory
establishes the minimum capacity of this site to be 5 units with an affordability categorization of Moderate. The proposed
project includes 7 units of market rate (Above Moderate) housing.
State law requires that when a jurisdiction permits development on a Housing Element Site at less than the established
minimum residential capacity, the following findings (supported by substantial written evidence) must be made at the time of
approval: the reduction is consistent with the adopted general plan, including the housing element, and that the remaining
sites identified in the Housing Element are adequate to accommodate the City of Fresno’s share of the RHNA.
1. As of the date of this analysis, the remaining sites identified in the Housing Element are adequate to meet the
requirements of Section 65583.2 of the California Government Code and to accommodate the City’s share of the
regional housing need pursuant to Section 65584. Approval of this project will decrease the 2013-2023 RHNA capacity
for Moderate units by 5 units which will reduce the excess capacity from 1,001 to 996 and increase the 2013-2023 RHNA
capacity for Above Moderate by 7 units, which will increase the excess capacity from 4,530 to 4,537. The 2013-2023
RHNA obligation for Moderate is 3,228, and the total capacity remaining after the proposed decrease is 4,224 and the
2013-2023 RHNA obligation for Above Moderate is 10,116 and the total capacity remaining after the proposed increase
is 14,653.
Fire Department Comments – 10/01/2019
Subject: P19-02898 4934 N. Arthur
The following FFD requirements are a revision to the review comments on August 8,
2019 that is in Accela Extended Workflow.
See the redlined revised site plan for Fire markups; the site plan shall be revised to
include those and the following:
All areas highlighted in red shall be clearly marked as fire lanes.
Update note on plan: Emergency vehicle access shall be designated by painting the
curb red (top and side) and stenciling “FIRE LANE NO PARKING” in 3-inch white letters
on the most vertical curb, at least every 50 feet. If no curb is present, a minimum 6-inch
wide red stripe shall be painted along the edge of the roadway with “FIRE LANE” in 3-
inch white letters at least every 50 feet. (FFD Development Policy 403.005)
Note on plan: Provide sign(s) (17 ”x22” minimum) at all public entrance drives to the
property which state “Warning – Vehicles stopped, parked or left standing in fire lanes
will be immediately removed at owner’s expense – 22658(a) California Vehicle Code –
Fresno Police Department 621-2300.”
Fire department connections shall be located on the fire access road side of buildings,
fully visible and recognizable from the point of fire department vehicle access or as
otherwise approved by the fire chief. Indicate the location of the fire department
connection in accordance with FFD Policy 405.025.
Indicate on the site plan that all water utility services (fire, domestic, and irrigation) will
be made at the N. Arthur Ave. frontage; no utility services can be connected to the 4
inch water main that runs along the north property line.
The existing fire flow available from the public hydrant at the southwest corner of Sierra
Madre and Arthur will be acceptable pending the completion of a water project that will
replace the existing water main infrastructure in the former County Water Works District
#2.
Indicate the proposed location of the fire sprinkler risers for each apartment building in
accordance with FFD Policy 405.003.
The minimum required fire sprinkler system type for this project in NFPA 13R. The fire
sprinkler systems must be electronically supervised for water flow and valve tamper;
this requires a dedicated function fire alarm panel which will require an exterior closet or
wall panel on one of the proposed buildings.
The following additional information was provided with the DRC comments regarding
the NFPA 13R fire sprinkler system design:
There are options in supplying the water for the required NFPA 13R multi-family
residential fire sprinkler system and I will summarize as follows. With only seven units,
it may be possible to supply both fire sprinklers and domestic water with a single 2 inch
domestic water service and meter (no reduced pressure backflow device required)
especially if the pipe is upsized to 2-1/2 inch on site. That determination needs to be
made by the fire sprinkler system design professional that will prepare the fire sprinkler
plans and do the required hydraulic calculations. For the fire sprinkler design engineer’s
purposes, the following design parameters are provided:
• Available water supply curve at the connection to the public main is 40/25/1350
(Prescriptive Curve “C”).
• A two inch domestic water or fire service is made using polyethylene (PE) tubing
with an interior diameter of 1.629 inches; add 15.1 feet equivalent length for service
fittings. Use a water main to meter distance of 20 feet.
• If combined with domestic water, the 2” meter will be a Badger Recordall Model 170
for (purposes of friction loss determination for fires sprinkler demand).
• If a separate 2 inch fire service supply design is chosen due to results of the
preliminary design, there will be no meter but there will be a 2 inch swing check
valve installed in the meter box.
• If a combination service design is chosen, add a 5 gpm domestic water loss for each
dwelling unit added in the hydraulic calculations at each connection to the on-site
water line.
• For fire sprinkler designs using a combination domestic/fire service water supply, all
fire sprinkler materials and components must meet NSF Appendix G for lead-free
domestic water compatibility. No galvanized or black steel pipe is permitted.
• Include a copy of the above information with the fire sprinkler plan submittal for
water supply parameter documentation.
CITY OF FRESNO
DEVELOPMENT AND IMPACT FEE ESTIMATE
Proposed Development:
A.P.N.
Planned Land Use:
Current Zoning:
Site Area:
Living Units / LUE:
Entitlement:
Estimate Date:
WATER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Notes
Water Service & Meter Charge 2" 1 EA. $2,671.00 $2,671.00 [1] [6]
Irrigation Water Service & Meter Charge 1" 1 EA. $2,241.00 $2,241.00 [1] [6]
Time & Materials Charge 4" Fire 1 EA. $4,500.00 $4,500.00 [1] [6]
Frontage Charge 63 L.F. $6.50 previously satisfied
Water Capacity Fee 2" 0.38 EA. $11,201.00 $4,256.38 [1] [6]
Water Capacity Fee 1" 0.50 EA. $4,481.00 $2,240.50 [1] [6]
Total Water Connection Charges $15,908.88
SEWER CONNECTION CHARGES
Service Area Quantity Units Fee Rate Amount Due Notes
House Branch Sewer Charge [2] EA $0.00 [2] [2]
Lateral Sewer Charge 6,300 Sq.Ft. $0.10 previously satisfied
Oversized Sewer Charge 6,300 Sq.Ft. $0.05 previously satisfied
Wastewater Facilities Charge STEP [3] [3] [4] [7]
Total Sewer Connection Charges $0.00
CITYWIDE/REGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Notes
Citywide Fire Facilities Impact Fee MFR 6 Units $1,429.00 $8,574.00 [7]
Citywide Park Facility Impact Fee MFR 6 Units $3,037.00 $18,222.00 [7] [9]
Citywide Police Facilities Impact Fee MFR 6 Units $466.00 $2,796.00 [7]
Citywide Regional Street Charge MFR 0.44 AC $15,607.00 $6,867.08 [6]
New Growth Area Major Street Charge MFR 0.44 AC $42,999.00 n/a
Citywide Traffic Signal Charge MFR 6 Units $350.00 $2,100.00 [6]
Total Citywide/Regional Impact Fees $38,559.08
Total Fees and Charges $54,467.96
Apartment Complex - 4934 N. Arthur Avenue
The following estimates are based on preliminary conceptual information. The exact fee obligation will be computed at the
time of development by Public Works Department, Land Division & Engineering. The fee rates in effect at the time of
development shall apply.
Residential Multi-Family, Medium-High Density
August 2, 2019
425-042-15
+/- 0.44 acres
7 Living Units
RM-1/cz
P19-02898
See notes on page 2 Prepared by Frank 8/2/2019
Printed 8/2/2019 Page 1
CITY OF FRESNO
DEVELOPMENT AND IMPACT FEE ESTIMATE
Notes:
[6] Due at Building Permit
[7] Due with Certificate of Occupancy
[9] Parks fee applicable only to residential developments
Prepared and Reviewed By: Frank Saburit Date: August 2, 2019 621-8797
City of Fresno Public Works Department
Land Division & Engineering
[5] The Trunk Sewer Charge is applicable to single family, duplex, and triplex developments. (FMC 6-302(i)); For
Condominium conversions, Trunk Sewer Charges may stay in the S.T.E.P. if the project continues to be master metered for
water. If the condominiums are individually metered, the developer will pay the pro-rated portion of these fees.
[10] Fee not applicable on replacement or reconstruction of an existing structure that has been destroyed or demolished
provided that the Building Permit for new construction is obtained within one year after the building is destroyed or
demolished, and there is no change in the land use designation. (Res. Nos. 2005-428, 429)
[11] Subject to the acceptance date of the vesting tentative map, fee may not be applicable until 2-years after the date of Final
Map recordation; when applicable, fee is due at Building Permit for all un-developed lots at the fee rate then in effect.
[8] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for
more information.
[3] 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).
[4] The Wastewater Facilities Charge (WWFC) is applicable to single family, duplex, and triplex developments. (FMC 6-302(i));
For Condominium conversions, WWFC may stay in the S.T.E.P. if the project continues to be master metered for water. If the
condominiums are individually metered, the developer will pay the pro-rated portion of these fees.
[2] Sewer House branches to be installed by Developer at the Developer's cost.
Outside agencies developer impact fees: It is the developer's responsibility to contact those agencies for their fee estimates.
These agencies include but are not limited to; Fresno County, Council of Fresno County Governments (FCOG), Fresno
Metropolitan Flood Control District (FMFCD), various School Districts that serve the City of Fresno, etc.
Within the City of Fresno's sphere of influence there are other sewer and water utility providers. If the project is within one of
those districts, the developer must provide confirmation from the representitive Districts that all conditions for sewer and/or
water connections and services have been satisfied, prior to issuance of Building Permit
[1] Fees for Water Service Connections and/or Meters, and the Water Capacity Fee due at time of development. Charges
based on service sizes to be determined by the Developer.
● 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. For further information regarding the Fresno County Facilities Impact Fees, please contact Fresno
County Department of Public Works & Planning at (559) 600-4078.
●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. Please contact
the Council of Fresno County Governments (FCOG) at (559) 233-4148 to determine this fee obligation. Confirmation by the FCOG is
required before the City of Fresno can issue the Certificate of Occupancy.
●Payment of Fresno Metropolitan Flood Control District (FMFCD) impact fees may be required. Please contact FMFCD at (559) 456-
3292 to determine fee obligation.
●Payment of applicable school district fees is required prior to issuance of Building Permit. Please contact the respective school district
to satisfy your fee obligation. Confirmation by the respective school district is required before the City of Fresno can issue building
permits
See notes on page 2 Prepared by Frank 8/2/2019
Printed 8/2/2019 Page 2
Page 1 of 2
8/7/2019
P19-02898 ARTHUR 4934 N.doc
SUBJECT: Conditions of Approval for P19-02898
DATE: August 7, 2019
TO: Cheryl Aanonson, Planner I
Planning and Development Department
FROM: Andreina Aguilar, Engineer I
Public Works Department, Traffic Planning Section
APN: 425-042-15 ADDRESS: 4934 NORTH ARTHUR AVE
PUBLIC IMPROVEMENT REQUIREMENTS
The following requirements are based on city records and the accuracy of the existing and
proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not
addressed due to omission or misrepresentation of information, on which this review process is
dependent, will be imposed whenever such conditions are disclosed. Construct additional offsite
improvements, including but not limited to, concrete curb, gutter, sidewalk, approaches, ramps,
pavement, utility relocations, etc. in accordance with City of Fresno’s Public Works Standards,
Specifications and the approved street plans.
Repair all damaged and/or off grade off-site concrete street improvements as determined by the
City of Fresno Public Works Department, Construction Management Division, (559) 621-5600.
Pedestrian paths of travel must also meet current accessibility regulations.
Underground all existing off-site overhead utilities within the limits of this site/map as per FMC
Section 15-2017.
The construction of any overhead, surface or sub-surface structures and appurtenances in the
public right of way is prohibited unless an encroachment permit is approved by the City of Fresno
Public Works Department, Traffic and Engineering Services Division, (559) 621-8693.
Encroachment permits must be approved prior to issuance of building permits.
Arthur Avenue: Local Industrial
1. Construction Requirements:
a. Construct permanent paving per Public Works Standard P-50, within the limits of this
application and transition paving as necessary.
b. Construct driveway approaches to Public Works Standards P-2, and P-6, as approved
on the site plan. Construct permanent paving as needed per Public Works Standard P-
48.
c. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-
2018B.
d. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb
shall be constructed to the existing conditions to the north and south. Planting of street
trees shall conform to the minimum spacing guidelines as stated in the Standard
Specification, Section 26-2.11(C).
Page 2 of 2
8/7/2019
P19-02898 ARTHUR 4934 N.doc
All improvements shall be constructed in accordance with the City of Fresno, Public Works
Department Standard Drawings and Specifications. The performance of any work within the
public street right of way (including pedestrian and utility easements) requires a STREET WORK
PERMIT prior to commencement of work. When preparing Street Plans and/or Traffic Control
Plans, contact Harmanjit Dhaliwal at (559) 621-8694, 10 working days in advance, to make sure
that sidewalks or an approved accessible path remain open during construction. Submit
construction plans for all required work, in a single package, to the City of Fresno’s, Traffic and
Engineering Services Division. All work shall be reviewed, approved, completed, and accepted
prior to obtaining a certificate of occupancy. Utility poles, street lights, signals, etc. shall be
relocated as determined by the City Engineer.
Two working days before commencing excavation operations within the street right of way and/or
utility easements, all existing underground facilities shall have been located by Underground
Services Alert (USA) Call 811.
All survey monuments within the area of construction shall be preserved or reset by a person
licensed to practice Land Surveying in the State of California.
PRIVATE IMPROVEMENT REQUIREMENTS
Off-Street Parking Facilities and Geometrics: The parking lot is required to meet the City of
Fresno’s Parking Manual, Public Works Standards and Specifications. Parking must also comply
with the California Building Code’s accessibility requirements and the Fire and Solid Waste
Department’s minimum turning templates. The site plan must meet all criteria for final approval.
Owner shall assume full responsibility for circulation and emergency vehicle response time if not
constructed to the Public Works Parking Manual, Standards and Specifications.
1. Off-Street parking facilities and geometrics shall conform to the City of Fresno Public
Works Department, Parking Manual and Standard Drawings P-21, P-22, P-23.
2. If Electric Vehicle Charging Stations are required per the Fresno Municipal Code, provide
a detail for the proposed/future equipment to verify sufficient space is available.
3. Carports/Solar Structure: Shall be free of any obstructions within the standard stalls.
Reference FMC 15-2418-H
4. Parking: Provide parking space needs, circulation, access, directional signs (e.g.
"Entrance," "Exit," "Right Turn Only," "One Way" signs, etc.) as noted on Exhibit “A”. No
obstructions shall be within the overhang overhang.
Traffic Signal Mitigation Impact (TSMI) Fee: This project shall pay all applicable TSMI Fees at
the time of building permit. Contact the Public Works Department, Frank Saburit at (559)621-
8797. The fees are based on the Master fee schedule.
Fresno Major Street Impact (FMSI) Fees: This entitlement is in the Infill Area; therefore pay all
applicable City-wide regional street impact fees. Contact the Public Works Department, Frank
Saburit at (559) 621-8797.
Regional Transportation Mitigation Fee (RTMF): Pay all applicable RTMF fees to the Joint
Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559) 233-4148 ext.
200; www.fresnocog.org. Provide proof of payment or exemption prior to issuance of certificate of
occupancy.
Questions relative to these conditions may be directed to Andreina Aguilar (559) 621-8674 or
Andreina.Aguilar@fresno.gov in the Public Works Department, Traffic Planning Section.
INITIAL STUDY/APPENDIX G FOR A NEGATIVE DECLARATION
Environmental Checklist Form for:
EA No. P19-02898/P19-04890
1. Project title:
Development Permit Application No. P19-02898 and Rezone Application No. P19-
04890
2. Lead agency name and address:
City of Fresno
Planning and Development Department
2600 Fresno Street
Fresno, CA 93721
3. Contact person and phone number:
Rob Holt, Planner III
City of Fresno
Planning and Development Department
(559) 621-8056
4. Project location:
4934 N. Arthur Avenue
Located approximately 375 feet south of the southeast corner of the intersection of W.
Shaw Avenue and N. Arthur Avenue in the City and County of Fresno, California
(APN: 425-042-15).
±0.44 acres
Site Latitude: 36° 48’ 25.67” N
Site Longitude: -119° 48’ 52.60” W
Mount Diablo Base & Meridian, Township 14S, Range 20E, Section 17 – California
5. Project sponsor's name and address:
Esteban Pauli
Pauli Engineering, Inc.
2501 W. Shaw Avenue
Fresno, CA, 93711
6. General & Community plan land use designation:
Residential – Medium High Density
7. Zoning:
RM-1/UGM/cz (Residential – Medium High Density) / UGM (Urban Growth
Management) / cz (Conditions of Zoning), Bullard Community Plan
8. Description of project:
Esteban Pauli, on behalf of Pauli Engineering, Inc., has filed Development Permit
Application No. P19-02898 and Rezone Application No. P19-04890 pertaining to
±0.44 acres of property located approximately 375 feet south of the southeast corner
of the intersection of W. Shaw Avenue and N. Arthur Avenue (4934 N. Arthur
Avenue).
Development Permit Application No. P19-02898 has been filed to propose the
development of seven multi-family dwelling units encompassed within two two-story
residential buildings. The proposed residential building in the front has a total of four
two-bedroom/two-bathroom dwelling units, two dwelling units on each floor. The
proposed residential building in the rear has a total of three separate two-bedroom/2.5
bathroom dwelling units with living space on the second floor. The project proposal
will also include a carport covering eight parking stalls and three uncovered parking
stalls (eleven total parking stalls); and an approximately 550 square foot open space
area with shade trees and a seating lounge area. The subject property is zoned RM-
1/UGM/cz (Residential-Medium High Density/Urban Growth Management/Conditions
of Zoning).
Rezone Application No. P19-04890 has been filed to remove the existing conditions of
zoning if the project property, which currently allow for no more than three dwelling
units on the property.
The project will also require dedications and/or acquisitions for public street rights-of-
way and utility easements as well as the construction of public facilities and
infrastructure in accordance with the standards, specifications and policies of the City
of Fresno in order to facilitate the future proposed development of the subject
property.
9. Surrounding land uses and setting:
Planned Land Use Existing Zoning Existing Land Use
North Corridor/Center
Mixed Use
CMX (Corridor/Center
Mixed Use) Offices
East Residential –
Medium Low Density
R1B (County Zoning Code)
(Single Family Residential)
Single-Family
Residences
South
Residential –
Medium High
Density
RM-1 (Residential –
Medium High Density) Townhomes
West Residential Medium
High Density
RM-1 (Residential –
Medium High Density) Townhomes
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. 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.
Note: Conducting consultation early in the CEQA process allows tribal governments,
lead agencies, and project proponents to discuss the level of environmental review,
identify and address potential adverse impacts to tribal cultural resources, and reduce
the potential for delay and conflict in the environmental review process. (See PRC
Section 21083.3.2.) Information may also be available from the California Native
American Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and
the California Historical Resources Information System administered by the California
Office of Historic Preservation. Please also note that PRC Section 21082.3(c) contains
provisions specific to confidentiality.
Pursuant to Assembly Bill 52 (AB 52), the Table Mountain Rancheria Tribe and the
Dumna Wo Wah were invited to consult under AB 52. The City of Fresno mailed
notices of the proposed project to each of these tribes on December 20, 2019 which
included the required 30-day time period for tribes to request consultation.
Under invitations to consult under AB 52, neither contacted tribe responded.
EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE
MASTER ENVIRONMENTAL IMPACT REPORT (MEIR):
1. For purposes of this Initial Study, the following answers have the corresponding
meanings:
a. “No Impact” means the subsequent project will not cause any additional significant
effect related to the threshold under consideration which was not previously examined in
the MEIR.
b. “Less Than Significant Impact” means there is an impact related to the threshold
under consideration that was not previously examined in the MEIR, but that impact is less
than significant;
c. “Less Than Significant with Mitigation Incorporation” means there is a potentially
significant impact related to the threshold under consideration that was not previously
examined in the MEIR, however, with the mitigation incorporated into the project, the
impact is less than significant.
d. “Potentially Significant Impact” means there is an additional potentially significant
effect related to the threshold under consideration that was not previously examined in the
MEIR.
2. A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project-specific factors as well as general standards
(e.g., the project will not expose sensitive receptors to pollutants, based on a project-
specific screening analysis).
3. All answers must take account of the whole action involved, including off-site as well
as on-site, cumulative as well as project-level, indirect as well as direct, and construction
as well as operational impacts.
4. Once the lead agency has determined that a particular physical impact may occur,
then the checklist answers must indicate whether the impact is potentially significant, less
than significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are
one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
5. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies
where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency
must describe the mitigation measures, and briefly explain how they reduce the effect to
a less than significant level (mitigation measures from Section XVII, "Earlier Analyses,"
may be cross-referenced).
6. Earlier analyses may be used where, pursuant to the tiering, program EIR or MEIR,
or other CEQA process, an effect has been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should
identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in the MEIR or another earlier
document pursuant to applicable legal standards, and state whether such effects were
addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were incorporated or
refined from the earlier document and the extent to which they address site-specific
conditions for the project.
7. Lead agencies are encouraged to incorporate into the checklist references to
information sources for potential impacts (e.g., general plans, zoning ordinances).
Reference to a previously prepared or outside document should, where appropriate,
include a reference to the page or pages where the statement is substantiated.
8. Supporting Information Sources: A source list should be attached, and other
sources used or individuals contacted should be cited in the discussion.
9. This is only a suggested form, and lead agencies are free to use different formats;
however, lead agencies should normally address the questions from this checklist that
are relevant to a project's environmental effects in whatever format is selected.
10. The explanation of each issue should identify:
a. The significance criteria or threshold, if any, used to evaluate each question; and
b. The mitigation measure identified, if any, to reduce the impact to less than
significance.
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 project property is located within an area which is planned primarily for residential
uses to the east, west and south of the project property and commercial/office uses to
the north. Immediate properties to the east have been developed primarily as single-
family residential and to the west and south are primarily townhomes. Immediate
properties to the north have been developed as offices and to the northwest is an
apartment complex. The existing topography of the project property is nearly flat, with
elevations ranging from between 315 and 320 feet above mean sea level.
The proposed project will not damage any scenic resources nor will it degrade the visual
character or quality of the subject site and its surroundings. No identified or designated
public or scenic vistas will be obstructed or have a substantial adverse effect by the
proposed project and no scenic resources will be damaged or removed. The proposed
project will comply with existing development code regulations, such as height, lot
coverage, and design, to ensure compatibility with the character of the surrounding
area, and to minimize the potential for visual impacts. Further, the proposed project
would enhance the aesthetics of the neighborhood by developing an otherwise vacant
piece of land within a mostly developed area of both residential and commercial. As a
multi-family residential development, the project provides comparable residential
architecture with design enhancements and site features providing similarity to the
adjacent residential uses.
Although the project would add additional site lighting, all lighting would be required to
comply with lighting standards. As such, any lighting where provided to illuminate the
parking areas, drive-aisles and the private street shall be hooded and so arranged and
controlled so as not to cause a nuisance to adjacent properties. The amount of light
shall be provided according to the standards of the Department of Public Works.
Therefore, compliance with City lighting standards site will ensure that the project not
create a new source of substantial light or glare which would affect day or night time
views in the project area, given that during the entitlement process, staff will ensure that
lights are located in areas that will minimize light sources to the neighboring properties.
Further, Mitigation Measure (MM) AES-1 requires lighting systems for street and
parking areas to be shielded to direct light to surfaces and orient light away from
adjacent properties.
As a result, the project will have no impact on aesthetics, and will not result in any
aesthetic impacts beyond those analyzed in MEIR SCH No. 2012111015.
Mitigation Measures
1. The proposed project shall implement and incorporate mitigation measures AES-
1 and AES-5 in the attached MEIR SCH No. 2012111015 Fresno General Plan
Mitigation Monitoring Checklist dated December 24, 2019.
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 (1997)
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
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 2016 Rural Mapping Edition: Fresno County Important Farmland Map
of the State of California Department of Conversation, the project property is designated
as “Urban and Built-Up Land.” Urban and Built-Up Land is typically occupied by
structures and commonly includes residential, industrial, commercial, institutional
facilities, cemeteries, airports, golf courses, sanitary landfills and other development.
Thus, the proposed project has no impact on prime farmland, farmland of statewide
importance, or unique farmland.
The existing use of the property is vacant. Because the project property is infill and
surrounded by other urban development, the project property and adjacent properties
are not under a Williamson Act contract. Therefore, the proposed project on the project
property will not affect any Williamson Act contract parcels.
The proposed project does not conflict with any forest land or Timberland Production or
result in any loss of forest land. The proposed project does not include any changes
which will affect the existing environment.
In conclusion, the proposed project would not result in any agriculture and forestry
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
III. AIR QUALITY AND GLOBAL CLIMATE CHANGE - (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) Violate any air quality standard
or contribute substantially to an
existing or projected air quality
violation?
X
c) 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
d) Expose sensitive receptors to
substantial pollutant
concentrations.
X
e) Create objectionable odors
affecting a substantial number of
people?
X
Setting
The subject site is located in Fresno County 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.
The Master Environmental Impact Report (MEIR) prepared for the Fresno General Plan
and Policy RC-4-c of the Fresno General Plan requires computer models used by the
SJVAPCD are utilized to analyze development projects and estimate future air pollutant
emissions that can be expected to be generated from operational emissions (vehicular
traffic associated with the project), area-wide emissions (sources such as ongoing
maintenance activities and use of appliances), and construction activities.
CalEEMod is a statewide land use emissions computer model designed to provide a
uniform platform for government agencies, land use planners, and environmental
professionals to quantify potential criteria pollutant and greenhouse gas (GHG)
emissions associated with both construction and operations from a variety of land use
projects. The model quantifies direct emissions from construction and operations
(including vehicle and off-road equipment use), as well as indirect emissions, such as
GHG emissions from energy use, solid waste disposal, vegetation planting and/or
removal, and water use. Further, the model identifies mitigation measures to reduce
criteria pollutant and GHG emissions along with calculating the benefits achieved from
measures chosen by the user. The GHG mitigation measures were developed and
adopted by the California Air Pollution Control Officers Association (CAPCOA).
In addition to the above-mentioned factors, the CalEEMod computer model evaluates
the following emissions: ozone precursors (Reactive Organic Gases (ROG)) and NOX;
CO, SOX, both regulated categories of particulate matter, and the greenhouse gas
carbon dioxide (CO2). The model incorporates geographically-customized data on local
vehicles, weather, and SJVAPCD Rules.
The analysis was conducted using the CalEEMod Model, Version 2016.3.2. The project
is proposing to construct seven multi-family dwelling units encompassing a total of
approximately 7,700 square feet in gross floor area across two residential buildings. The
proposed project also includes a eleven-stall parking lot, a small open space area and
landscaping.
Construction Emissions – Short Term
It was assumed that the project would be constructed in one phase, over a period of
less than one year. Construction equipment estimates were based on CalEEMod
default assumptions.
all data given in tons/year ROG NOx CO SO2 PM10 PM2.5 CO2
2020 Construction 0.1206 0.4840 0.4110 0.0007 0.0319 0.0271 57.9789
District Thresholds 10 10 N/A N/A 15 15 N/A
The analysis determined that the proposed project will not exceed the threshold of
significance limits for regulated air pollutants. SJVAPCD Regulation VIII addresses not
only construction and demolition dust control measures, but also regulates ongoing
maintenance of open ground areas that may create entrained dust from high winds.
The applicant will be required to provide landscaping on the project site which will
contain groundcover to retain soil and dust and trees to assist in the absorption of air
pollutants, reduce ozone levels, and curtail storm water runoff.
Operational Emissions – Long Term
Operational emissions include emissions associated with area sources (energy use,
landscaping, etc.) and vehicle emissions. Emissions from each phase of the project
were estimated using the CalEEMod model. The average trips were based on default
assumptions in the CalEEMod model.
all data given in tons/year ROG NOx CO SO2 PM10 PM2.5 CO2
Area 0.0392 0.0032 0.0532 0.00002 0.0005 0.0005 3.1174
Energy 0.0007 0.0058 0.0025 0.00004 0.0005 0.0005 17.928
Mobile 0.0151 0.1845 0.1495 0.00077 0.0451 0.0126 71.729
Waste 0.0000 0.0000 0.0000 0.00000 0.0000 0.0000 0.6536
Water 0.0000 0.0000 0.0000 0.00000 0.0000 0.0000 1.1554
Project Maximum 0.0392 0.1845 0.1495 0.00077 0.0451 0.0126 71.729
District Thresholds 10 10 N/A N/A 15 15 N/A
Project specific emissions of criteria pollutants (as indicated in the above table) are not
expected to exceed District significance thresholds of 10 tons/year NOX, 10 tons/year
ROG, and 15 tons/year PM10. Project specific criteria pollutant emissions would have
no significant adverse impact on air quality. Development of the subject property will
not expose sensitive receptors to substantial pollutant concentrations. Due to the close
proximity of other residential and urban uses surrounding the subject site, the project
will not result in a significant impact to sensitive receptors as no net increase of
pollutants will occur. Residential development is considered a “sensitive receptor” type
use.
The SJVAPCD has developed the San Joaquin Valley 1991 California Clean Air Act Air
Quality Attainment Plan (AQAP), which continues to project nonattainment for the
above-noted pollutants in the future. This project will be subject to applicable SJVAPCD
rules, regulations, and strategies. In addition, the project will be subject to the
SJVAPCD Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine
particulate matter. This rule mandates the implementation of dust control measures to
reduce the potential for dust to the lowest possible level. The plan includes a number of
strategies to improve air quality including a transportation control strategy and a vehicle
inspection program.
The proposed project is not subject to District Rule 9510 (Indirect Source Review),
intended to mitigate a project’s impact on air quality through project design elements or
by payment of applicable off-site mitigation fees. The project’s emissions as a
percentage of the area source, energy use, and vehicle emissions within Fresno County
are very small. The project’s overall contribution to the overall emissions is negligible.
Therefore, there is no air quality or global climate change impacts perceived to occur as
a result of the proposed project. Both short and long term impacts associated with
construction and operation are below the District’s significance thresholds. However, the
project must still comply with all other applicable air quality standards.
Additional rules to which the proposed project will be subject include:
Rule 4601 – Architectural Coatings. The purpose of this rule is to limit Volatile Organic
Compounds (VOC) emissions from architectural coatings. Emissions are reduced by
limits on VOC content and providing requirements on coatings storage, cleanup, and
labeling.
Rule 4641 – Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance
Operations. The purpose of this rule is to limit VOC emissions from asphalt paving and
maintenance operations. The paving operations for new development and existing
paved surfaces will be subject to Rule 4641.
The project will not occur at a scale or scope with potential to contribute substantially or
cumulatively to existing or projected air quality violations, impacts, or increases of
criteria pollutants for which the San Joaquin Valley region is under an applicable federal
or state ambient air quality standard (including releasing emissions that exceed
quantitative thresholds for ozone precursors). The proposed project will comply with all
applicable air quality plans. Therefore, no violations of air quality standards will occur
and no net increase of pollutants will occur.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in
any air quality 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
IV. BIOLOGICAL RESOURCES -- Would the project: 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 would not directly affect any sensitive, special status, or candidate
species, nor would it modify any habitat that supports them. The subject property is an
infill site surrounded by existing urban development to the north, east, south, and west.
The existing site itself consists of mostly vacant land with weeds and non-native
vegetation. There are no water ways, wetlands, riparian habitat, or other habitat
features that would support special-status plant and/or animal species. Further, due to
the proximity to a major roadway and surrounding development, it is unlikely the site
supports any special-status species as a result of the existing urbanized character of
the area.
There is no riparian habitat or any other sensitive natural community identified in the
vicinity of the proposed project by the California Department of Fish and Game or the
US Fish and Wildlife Service. No federally protected wetlands are located on the
subject site. Therefore, there would be no impacts to species, riparian habitat or other
sensitive communities and wetlands. There are also no bodies of water on the subject
site or in the immediate vicinity of the subject site. The proposed project would have no
impact on the movement of migratory fish or wildlife species or on established wildlife
corridors or wildlife nursery sites. No local policies regarding biological resources are
applicable to the subject site and there would be no impacts with regard to those plans.
There are two older trees in the parkstrip abutting the property which have been
required to be preserved. The site design allows for the preservation of the trees with
the primary access point outside of the area of the trees. No other existing healthy
mature trees or other vegetation are located on the site and 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.
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 with MEIR mitigation
measures imposed. Therefore, impacts to biological resources are less than significant.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in
any biological resource 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
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
Pursuant to Assembly Bill 52 (AB 52), the City contacted tribes traditionally or culturally
affiliated with the project area. Invitations to consult on the proposed project were
mailed on December 20, 2019 to the Table Mountain Rancheria Tribe and the Dumna
Wo Wah. During the required 30-day limit for tribes to request consultation, no tribes
elected to consult regarding the proposed project.
There are no structures which exist 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; previously unknown paleontological resources or
undiscovered human remains could be disturbed during project construction. There is
no evidence that cultural resources of any type (including historical, archaeological,
paleontological, or unique geologic features) exist on the subject property. Past record
searches for the region have not revealed the likelihood of cultural resources on the
subject property or in its immediate vicinity. Therefore, it is not expected that the
proposed project may impact cultural resources. It should be noted however, that lack
of surface evidence of historical resources does not preclude the subsurface existence
of archaeological resources. 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 MEIR SCH No. 2012111015 for the Fresno General Plan,
Mitigation Measure 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.
The site does not contain any cultural resources on the local, state or national registers
of historic places. However some of the site may contain previously undisturbed land,
and would be subject to the mitigation measures in the MEIR related to late discovery of
cultural resources.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in
any cultural resource impacts beyond those analyzed in MEIR SCH No. 2012111015.
Mitigation Measures
1. The proposed project shall implement and incorporate mitigation measures CUL-
1, CUL-2, CUL-3 and CUL-4 in the attached MEIR SCH No. 2012111015 Fresno
General Plan Mitigation Monitoring Checklist dated December 24, 2019.
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) Cause a substantial adverse
change in the significance of an
archaeological resource pursuant to
Section 15064.5?
X
The planned development of a multi-family residential complex will consume energy in
the short-term during project construction and in the long-term during its daily
operations and activities. During construction, the project would typically consume
energy by construction vehicles and related equipment. Energy consumption would
also occur with operations and activities by residents and guests of the apartment
complex such as heating and cooling, refrigeration, lighting, electronics, vehicle trips
associated with the residential use.
The California Building Standards Code addresses regulations that apply to the
planning, design, operation, construction, use and occupancy of newly constructed
buildings or structures. Per these standards, the California Energy Code and the
California Green Building Standards Code, (CALGreen) provide mandatory standards to
maximize energy conservation with the use of recycled materials and products in order
to reduce materials costs. As such, it is anticipated that materials used in construction
of the residential complex would not involve the wasteful, inefficient, or unnecessary
consumption of energy.
The proposed development would be required to comply with the State-mandated
building codes to meet minimum efficiency standards related to various building
features, including appliances, water and space heating and cooling equipment, building
insulation and roofing, and lighting. Implementation of these standards significantly
increases energy savings, and adherence to State mandated code requirements and
conservation requirements in the Energy Code and CALGreen would ensure that
project development would not result in wasteful, inefficient, or unnecessary
consumption of energy resources. In conclusion, with MEIR mitigation measures
incorporated, the project will not result in any energy 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
VII. GEOLOGY AND SOILS – W ould 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
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
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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
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 new structures are required
to conform to current seismic protection standards in the California Building Code.
The highly erodible face of the San Joaquin River bluff, and small areas of expansive
clay in the northeastern portion of the city’s Sphere of Influence, are the only unstable
soil conditions known to exist in the City. Despite long-term over drafting of
groundwater that has lowered the static groundwater level under Fresno by as much as
100 feet over the past century, surface subsidence has not been noted in the vicinity of
the city (this is probably due to the geologic strata underlying the city, which features
layers of clay and hardpan interleaved with alluvial sand and gravel layers).
The proposed project is located in the central northwestern portion of Fresno, within the
Bullard Community Plan area. There are no known geologic hazards or unstable soil
conditions known to exist on the site. The existing topography demonstrates 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
and Fresno Metropolitan Flood Control District Standards.
There are no known 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.
There are no known paleontological resources that exist within the project area; any
previously unknown paleontological resource could be disturbed during project
construction. There is no evidence that paleontological, or other unique geologic
features exist on the subject property, therefore it is not expected that the proposed
project may impact this resource. It should be noted however, that lack of surface
evidence does not preclude the subsurface existence of a paleontological resource.
Furthermore, previously unknown paleontological resource could be disturbed during
project construction.
Therefore, due to the ground disturbing activities that will occur as a result with
development of the multi-family residential complex, the measures within MEIR SCH
No. 2012111015 for the Fresno General Plan, Mitigation Measure Monitoring Checklist
to address paleontological resources will be employed to guarantee that material
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 a paleontological resource.
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 State CEQA Guidelines indicate that a project would normally have a significant
adverse greenhouse gas emission impact if the project would:
• Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment; or
• Conflict with an applicable plan, policy, or regulation adopted for the purpose of
reducing the emissions of greenhouse gases.
Section 15064.4 of the State CEQA Guidelines states that: “A lead agency should make
a good-faith effort, based to the extent possible on scientific and factual data, to
describe, calculate or estimate the amount of greenhouse gas emissions resulting from
a project.” In performing that analysis, the lead agency has discretion to determine
whether to use a model or methodology to quantify greenhouse gas emissions, or to
rely on a qualitative analysis or performance-based standards. In making a
determination as to the significance of potential impacts, the lead agency then considers
the extent to which the project may increase or reduce greenhouse gas emissions as
compared to the existing environmental setting, whether the project emissions exceed a
threshold of significance that the lead agency determines applies to the project, and the
extent to which the project complies with regulations or requirements adopted to
implement a statewide, regional, or local plan for the reduction or mitigation of
greenhouse gas emission.
Therefore, consistent with the State CEQA Guidelines, Section 15183.5, if a project is
consistent with an adopted qualified Greenhouse Gas Reduction Strategy that meets
the standards, it can be presumed that the project would not have significant
greenhouse gas emission impacts.
The City of Fresno Geenhouse Gas Reduction Plan (GHG Reduction Plan), adopted in
December of 2014, meets the requirements for a Qualified Greenhouse Gas Reduction
Strategy. Therefore, the proposed project’s GHG emissions would not be considered a
significant impact if the proposed project would be consistent with the City’s GHG
Reduction Strategy.
The GHG Reduction Plan includes a strategy to reduce local community GHG
emissions to 1990 levels by the year 2020, consistent with the state objectives set forth
in the “Global Warming Solutions Act,” otherwise known as AB 32. The GHG Reduction
Plan includes relevant General Plan objectives and policies. Table 1 evaluates the
proposed project’s consistency with the applicable objectives and policies included in
the GHG Reduction Plan.
Table 1: Consistency with Fresno Greenhouse Gas Reduction Plan
GHG Reduction Plan Strategy Project Consistency with Strategy
Objective LU-2: Plan for infill
development that includes a range of
housing types, building forms, and land
uses to meet the needs of both current
and future residents.
The project proposal provides a medium-
density housing type on land that is
surrounded by residential and urban
development that meets the needs of
both current and future residents.
Policy LU-2-a: Infill Development and
Redevelopment. Promote development
of vacant, underdeveloped, and
redevelopable land uses within the City
Limits where urban services are available
by establishing and implementing
supportive regulations and programs.
The project property is vacant land that
has urban services available where
housing is being promoted to be
constructed.
As shown in Table 1, the proposed project would be consistent with the applicable
strategies from the GHG Reduction Plan. Therefore, as demonstrated in Table 1
above, the proposed project would not conflict with plans, policies or regulations
adopted for the purpose of reducing GHG emissions. In addition, the proposed project
would not result in a substantial increase in GHG emissions. Therefore, the proposed
project would not generate GHG emissions that may have a significant effect on the
environment.
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
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
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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
There are no known existing hazardous material conditions on the property and the
property is not included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5. The project itself will not generate or use
hazardous materials in a manner outside health department requirements, is not near
any wild land fire hazard zones, and poses no interference with the City’s or County’s
Hazard Mitigation Plans or emergency response plans.
No pesticides or hazardous materials are known to exist on the site and the proposed
project will have no environmental impacts related to potential hazards or hazardous
materials as identified above. The project area is not located in an FAA-designated
Runway Protection Zone, Inner Safety Zone and Sideline Safety Zone. Although two
schools (Fairmont Private School of Fresno and Bullard Talent Project Public School)
are within a quarter-mile radius of the project site, the project will not emit hazardous
emissions or acutely hazardous materials, substances, or waste to these school sites.
In conclusion, the proposed 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
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
storm water drainage systems or
provide substantial additional
sources of polluted runoff; or
X
iv) impede or redirect flood flows? X
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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
The project site is not located within a 100‐year Flood Hazard Boundary or a tsunami
hazard area. A seiche is an oscillation of a water body, such as a lake, which may
cause local flooding. A seiche could occur in Pine Flat, Millerton Lake or Big Dry Creek
Dam due to seismic or atmospheric activity. However, the project site is approximately
27 miles from Pine Flat Lake, 15 miles from Millerton Lake and 42 miles away from Big
Creek Dry Dam and would not be subject to a seiche. No mudslide hazards exist at the
project site because the project site is not located in the immediate vicinity of any
landslide prone areas.
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 an
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.
This Negative Declaration (ND) prepared for the proposed project is tiered from MEIR
SCH No. 2012111015 prepared for the Fresno General Plan, which contains measures
to mitigate projects’ individual and cumulative impacts to groundwater resources and to
reverse the groundwater basin’s overdraft conditions.
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 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 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 conservation, 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 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 control
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 environmental
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 proposal to develop the residential multi-family project will require compliance with
all requirements of the City of Fresno Department of Public Utilities that will reduce the
project’s water impacts to less than significant. The proposed development will
generate storm runoff which must be properly discharged and mitigated pursuant to the
California Environmental Quality Act (CEQA). The Fresno Metropolitan Flood Control
District (FMFCD), in cooperation with the City and County of Fresno, has developed and
adopted the Storm Drainage and Flood Control Master Plan. As noted within the letter
from the FMFCD dated August 2, 2019, compliance with and implementation of this
Master Plan by this development project will satisfy the drainage/discharge related
CEQA impact of the project mitigation requirements.
The project is not proposed at a size or scope to substantially decrease groundwater
supplies or interfere substantially with groundwater recharge such that the project may
impede sustainable groundwater management of the basin. The ND prepared for the
proposed project is tiered from MEIR SCH No. 2012111015 prepared for the Fresno
General Plan, which contains measures to mitigate the project’s individual and
cumulative impacts to groundwater resources and to reverse the groundwater basin’s
overdraft conditions.
In conclusion, the project will not result in any hydrology and water quality impacts
beyond those analyzed in MEIR SCH No. 2012111015.
Mitigation Measures
1. The proposed project shall implement and incorporate mitigation measures HYD-
5.1, HYD-5.2, and HYD-5.3 in the attached MEIR SCH No. 2012111015 Fresno
General Plan Mitigation Monitoring Checklist dated December 24, 2019.
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XI. LAND USE AND PLANNING – W ould 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 multi-family residential project will not physically divide an established
community given that its location is currently surrounded by existing residential and
commercial/office developments to the north, east, south, and west.
The subject property includes a request for a Rezone and Development Permit. A
Rezone is required for properties that have conditions of zoning that are not consistent
with a project proposal. The conditions of zoning of the subject property require no
more than three dwelling units be constructed on the property. In order to extinguish
the conditions of zoning, a legislative action by the City Council (Council) is required
and a Rezone provides Council the ability to enforce that action. The Development
Permit is required for new construction of any building(s). The subject property is
designated and zoned for Medium-High Residential Density uses. Upon approval, the
project proposal would not conflict with any land use plan, policy or regulation given that
the Development Permit would facilitate consistency for the multi-family residential
complex. The project would not require a General Plan amendment. The Medium-High
Residential Density land use designation accommodates uses similar to townhomes,
condominiums and small apartment complexes. The maximum lot coverage is fifty
percent (50%). The proposed multi-family residential complex is allowed within this land
use designation, and the project does not exceed the maximum lot coverage.
Fresno General Plan Goals, Objectives and Policies
As proposed, the project will be consistent with the following Fresno General Plan
goals:
• Provide 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.
• Develop 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.
• Promote a city of healthy communities and improve quality of life in established
neighborhoods.
These goals contribute to the establishment of a comprehensive City-wide land use
planning strategy to meet residential development and density objectives, achieve
efficient and equitable use of resources and infrastructure, and create an attractive
living environment in accordance with Objective LU-1 of the Fresno General Plan.
Policy UF-1-a supports development projects that provide Fresno with a diversity of
urban and suburban neighborhood opportunities. This policy also envisions mixing and
balancing existing infill areas to produce economic opportunities, jobs, housing options,
recreation, and other choices. The proposed development provides townhomes, which
is a medium-high density use.
Policy UF-1-d provides for diversity and variation of building types, densities, and scales
of development in order to reinforce the identity of individual neighborhoods, foster a
variety of market-based options for living and working to suit a large range of income
levels, and further affordable housing opportunities throughout the city. Although the
current zone district is consistent with the project proposal, the removal of the conditions
of zoning will provide a higher density than currently allowed for with a market-rate
residential complex.
Likewise, Objective UF-12 of the General Plan aims to locate roughly one-half of future
residential development in infill areas – defined as being within the City on December
31, 2012. The project proposal includes residential development on an infill lot that has
been located within the City since December 31, 2012. This is further supported by
Policy LU-2-a which promotes development of vacant, underdeveloped, and re-
developable land within the City limits where urban services are available.
Policy LU-5-d promotes the project as it is specific to the optimal use of available
services to provide housing opportunities with convenient access to employment,
shopping, services, and transportation for Medium-High Density Residential uses.
The project supports the above-mentioned goals and policies in that the intensity of the
proposed development conforms to the applicable land use designation of the General
Plan.
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 property is not located in an area designated for mineral resource
preservation or recovery, therefore, will not 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.
The subject sites are 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
The proposed multi-family residential project is not located within the vicinity of any
private airstrip nor within two miles of any public airport, therefore residents would not
be exposed to excessive noise levels.
Generally, the three primary sources of substantial noise that affect the City of Fresno
and its residents are all transportation-related and consist of local streets and regional
highways; airport operations at the Fresno Yosemite International, Fresno-Chandler,
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 population, 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, commercial
operations, agricultural production, school playgrounds, high school football games,
HVAC units, generators, lawn maintenance equipment and swimming pool pumps.
Potential noise sources at the subject property would be roadway noise from the major
street (West Shaw Avenue) nearest to the subject property. Further, most activity will be
from residents of the multi-family residential complex and occasional guests during
daytime and early evening hours.
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
does not 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 (Leq) 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
increases 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 level
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 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 the future construction of seven dwelling units across two
two-story residential buildings, with a parking field, drive aisles and a small open space
landscaped area. The immediate vicinity consists of other single-family and townhome
residential uses to the east, south and west, a large apartment complex to the
northwest, and office uses to the north, which produce noise levels that either exceed or
are similar to 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.
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 Fresno
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 rezone will allow the development of the multi-family residential project
on the project property, which has remained undeveloped for a number of years and is
located adjacent to developed commercial/office uses and low- and medium-density
residential uses. Because the zone district and planned land use designation
anticipated the type of residential density consistent with the project proposal, the
project will not induce substantial unplanned population growth in the area directly or
indirectly.
Implementation of the proposed project would not would not result in the displacement
of any persons or housing or necessitate the construction of replacement housing.
Therefore, no impacts would occur. The proposed multi-family residential project will
occur at an intensity and scale that is permitted by the proposed rezone. Thus, the
project will not facilitate an additional intensification of uses beyond that which would be
allowed. The subject site is currently vacant, and does not include existing housing or
other habitable structures therefore; no impacts will result from the proposed project.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in
any population and housing 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:
X
Fire protection? X
Police protection? X Schools? X Parks? X
Drainage and flood control?? X Other public facilities? X
City police and fire protection services are also available to serve the proposed project.
Fire Station No. 20 is located 1.2 miles southeast of the project property on the west
side of N. Wishon Avenue between E. Gettysburg Avenue and E. Indianapolis Avenue.
Therefore, the project site would be adequately served by safety services due to its
close proximity to an existing fire station.
Residential development as a result of the proposed project will have an impact on the
Fresno Unified School District’s student housing capacity and directly contribute to
population impacts to schools. FUSD anticipates continued growth within the District
with plans for the construction of new school facilities to accommodate planned and
future growth, having other school sites available for new students to attend, providing
bus transportation to students, and leveeing appropriate school fees for residential
developments at the time of building permits.
The project would not increase the usage or otherwise impact existing nearby parks or
recreational facilities, therefore impacts to existing parks as a result of the project would
not occur to the extent that it would create a significant impact.
The Department of Public Utilities has reviewed the proposed project and has
determined that adequate sewer, water, and solid waste facilities are available subject
to compliance with the conditions submitted by the Department of Public Utilities for this
project. The MEIR has provided mitigation measures that the proposed project must
implement and comply with to mitigate drainage in the area. Development of the
property requires compliance with grading and drainage standards of the City of Fresno
and FMFCD.
In conclusion, the proposed project would not result in any public service 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
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
There are three neighborhood parks within approximately two miles of the subject
property: Oso de Oro Park to the northwest, F Basin Park to the northeast, and Lions
Skate Park to the southwest. The addition of seven multi-family dwelling units may
impact the neighborhood parks in the general vicinity of the project site. With the small
number of residents being added to the area and the closest distance from the subject
property to one of the aforementioned parks being 1.6 miles, the minimal potential
increased use of the existing neighborhood parks would not result in or accelerate a
substantial physical deterioration of the neighborhood parks.
The project includes the installation of an approximately 870 square foot open space
area including four shade trees, an open landscaped area and a lounge area. The area
is dedicated to providing attraction and leisure to the residents which does not have
adverse physical effect on the environment.
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 – W ould the project:
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
The project will not conflict with an applicable plan, ordinance or policy establishing
measures of effectiveness for the performance of the circulation system. The project
will not conflict with an applicable congestion management program; the project will be
required to a pay applicable traffic impact fees, including Traffic Signal Mitigation Impact
fee, Fresno Major Street Impact fee; and a Regional Transportation Mitigation Fee.
Adequate emergency access will be provided and the project will not conflict with
adopted policies or plans regarding public transit, bicycle or pedestrian facilities
because said features will be incorporated into the conditions of approval for the project,
as applicable.
CEQA Guideline Section 15064.3, subdivision (b) is applicable statewide after July 1,
2020. The City of Fresno has elected to not adopt these measures at the time of
publication, therefore, Section 15064.3, subdivision (b) is not applicable for the
proposed project.
The subject property is located approximately 375 feet south of the southeast corner of
W. Shaw Avenue and N. Arthur Avenue in the City of Fresno. In the Fresno General
Plan Circulation Element, W. Shaw Avenue is designated as an arterial street, with the
purpose of moving traffic within and between neighborhoods and to and from freeways
and expressways. Arterials typically have four to six lanes with median island
separation. North Arthur Street is designated as a local street, which will be designed
and constructed according to standards to provide direct access to the proposed multi-
family residential complex while discouraging excessive speeds and volumes of motor
vehicle travel incompatible with neighborhoods being served through the
implementation of multiple, well connected routes and traffic calming measures. The
proposed project will be required to construct improvements along the entire N. Arthur
Avenue frontage of the multi-family residential complex including all necessary full street
improvements to City Standards, which will include curb, gutter, and sidewalks.
Based on the projected number of daily trips generated from the project proposal, the
Public Works Department determined that a Traffic Impact Study (TIS) is not required
unless a General Plan Amendment is proposed.
In conclusion, the proposed project would not result in any traffic or transportation
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. TRIBAL CULTURAL RESOURCES – Would the project:
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
evidence, 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
Conducting consultation early in the CEQA process allows tribal governments, lead
agencies, and project proponents to discuss the level of environmental review, identify
and address potential adverse impacts to tribal cultural resources, and reduce the
potential for delay and conflict in the environmental review process (See PRC Section
21080.3.2.). Information may also be available from the California Native American
Heritage Commission’s Sacred Lands File per PRC Section 5097.96 and the California
Historical Resources Information System administered by the California Office of
Historic Preservation.
Senate Bill 18 (SB-18) went into effect January 1, 2005 and requires local governments
to consult with Native American tribes prior to the adoption or any amendment of a
general plan or specific plan. A local government must notify the appropriate tribes (on
the contact list maintained by the NAHC) of the opportunity to conduct consultations for
the purpose of preserving, or mitigating impacts to, cultural places located on land
within the local government’s jurisdiction that is affected by the proposed plan adoption
or amendment. Tribes have 90 days from the date on which they receive notification to
request consultation, unless a shorter timeframe has been agreed to by the tribe
(Government Code Section 65352.3). Because a General Plan Amendment is not a
component of this project proposal, SB-18 is not applicable to the project.
Assembly Bill 52 (AB 52), which became law on January 1, 2015, requires that, as part
of the CEQA review process, public agencies provide early notice of a project to
California Native American Tribes to allow for consultation between the tribe and the
public agency. The purpose of AB 52 is to provide the opportunity for public agencies
and tribes to consult and consider potential impacts to Tribal Cultural Resources
(TCR’s), as defined by the Public Resources Code (PRC) Section 2107(a). Under AB
52, public agencies shall reach out to California Native American Tribes who have
requested to be notified of projects in areas within or which may have been affiliated
with their tribal geographic range.
Pursuant to Assembly Bill 52 (AB 52) the Dumna Wo Wah Tribal Government and Table
Mountain Rancheria have requested notification and a certified letter was mailed to the
Dumna Wo Wah Tribal Government and the Table Mountain Rancheria on December
20, 2019. The 30 day comment period ended on January 20, 2020. Both tribes did not
request consultation.
The subject property is in an area surrounded by extensive urban development.
Although the site itself is vacant, there is no evidence to suggest the presence of TCR’s.
Further, given that both tribes declined consultation, it would suggest the site is not
believed to have the TCR’s present. Nevertheless, if any artifacts are inadvertently
discovered during ground-disturbing activities, existing federal, State, and local laws
and regulations would require construction activities to cease until such artifacts are
properly examined and determined not to be of significance by a qualified cultural
resources professional.
Overall, because the tribes declined AB-52 consultation and because existing cultural
resources protection laws exist that would require construction activities to cease if
artifacts are discovered, there is no impact to tribal cultural resources. In conclusion,
the proposed project would not result in any cultural 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
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
e) Comply with federal, state, and
local management and reduction
statutes and regulations related
to solid waste?
X
Utilities and service systems will be required prior to development of the subject
property. The proposed project expects to result in the construction of a new eight-inch
water main in N. Arthur Avenue and construct storm drain outdoor storage areas in
order to improve storm runoff quality such that material that may generate contaminants
will be prevented from contact with rainfall and runoff and thereby prevent the
conveyance of contaminants in runoff into the storm drain system.
The Department of Public Utilities has determined that adequate sanitary sewer and
water services will be available to serve the proposed project subject to the payment of
any applicable connection charges and/or fees; and, compliance 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 the City of Fresno solid waste division
and will have water and sewer facilities available subject to the conditions stipulated for
the proposed project.
The proposed project is not expected to exceed wastewater treatment requirements of
the applicable Regional Water Quality Control Board. The impact to storm drainage
facilities will be less than significant given the developer will be required to provide
drainage services and convey runoff to Master Plan Facilities. Development of the
property requires compliance with grading and drainage standards of the City of Fresno
and FMFCD.
In conclusion, the project will not result in any utilities and services systems
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
XX. WILDFIRE – If located in or near state responsibility areas or lands classified as
very high fire hazard severity zones, would the project: 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
Although the City of Fresno is proximate to high and very high fire hazard designated
areas, the City itself is largely categorized as little or no threat or moderate fire hazard,
which is largely attributed to paved areas. Some small areas along the San Joaquin
River Bluff in the northern portion of the City of Fresno can be prone to wildfire due to
the relatively steep terrain and vegetation and are classified as having a high fire
hazard.
The City does have an adopted Emergency Operations Plan (EOP); however, the EOP
does not designate evacuation routes, which may not be necessary since Fresno does
not face any expected natural hazards from likely sources or locations.
The subject property is located adjacent to developed urbanized areas. The subject
property is flat in nature which would pose no risk of any downslope flooding and
landslides, including the spread of any wildfire; therefore there is no risk of wildfires to
any proposed development that would occur on the subject property.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in
any wildfire 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
XIX. MANDATORY FINDINGS OF SIGNIFICANCE
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 rezone and site development are of 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 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. Therefore, as noted in
preceding sections of this Initial Study, there is no evidence in the record to indicate that
incremental environmental impacts facilitated by this project would be cumulatively
significant. There is also no evidence in the record that the proposed project would
have any adverse impacts directly, or indirectly, on human beings. Therefore, there are
no mandatory findings of significance.
In conclusion, with MEIR mitigation measures incorporated, the project will result with
less than significant environmental impacts analyzed in MEIR SCH No. 2012111015.
MEIR Mitigation Measure Monitoring Checklist for EA No. P19-02898/P19-04890
Dated February 7, 2020
INCORPORATING 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 - Mitigated
C - Mitigation in Progress
D - Responsible Agency Contacted
E - Part of City-wide Program
F - Not Applicable
The timing of implementing each mitigation measure is identified in in the checklist, as well as identifies the entity responsible for
verifying that the mitigation measures applied to a project are performed. Project applicants are responsible for providing
evidence that mitigation measures are implemented. As lead agency, the City of Fresno is responsible for verifying that mitigation
is performed/completed.
Page 1
This mitigation measure monitoring and reporting checklist was prepared pursuant to
California Environmental Quality Act (CEQA) Guidelines Section 15097 and Section
21081.6 of the Public Resources Code (PRC). It 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 mitigation measure listed in this Exhibit note
how the mitigation measure relates to the environmental assessment of the above-listed
project, according to the key found at right and at the bottoms of the following pages:
MITIGATION MEASURE 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
Planning &
Development
Dept. (P-D)
X
Aesthetics (continued):
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 2
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
P-D 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated 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 field 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]
Cultural Resources (continued):
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 17
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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 18
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 19
Cultural Resources (continued):
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 found
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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 20
Cultural Resources (continued):
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 21
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
P-D 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
P-D 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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 22
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
P-D 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
P-D 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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 23
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), P-D,
and PW
X X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 24
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 25
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, P-D,
and PW
X X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 26
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, P-D,
and PW
X X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 27
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, P-D,
and PW
X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 28
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, P-D,
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
P-D X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 29
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
P-D 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 P-D 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
P-D, local
school districts,
and the
Division of the
State Architect
X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 30
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
P-D X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 31
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
P-D, 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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 32
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 33
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 34
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 35
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 36
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 37
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 38
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 39
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 40
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]
Utilities and Service Systems - Hydrology and Water Quality
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 41
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 42
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 43
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 44
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 45
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 46
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 47
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 48
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 49
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 50
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]
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 51
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 52
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
P-D, PW, City
of Clovis, and
County of
Fresno
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 53
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
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 54
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 P-D
X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. P19-02898/P19-04890 02/07/2020
MITIGATION MEASURE WHEN
IMPLEMENTED
COMPLIANCE
VERIFIED BY A B C D E F
A - Incorporated into Project C - Mitigation in Process E - Part of City-Wide Program
B - Mitigated D - Responsible Agency Contacted F - Not Applicable
Page 55
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 P-D 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 P-D X
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00413 Agenda Date:4/9/2020 Agenda #:5-A
CLOSED SESSION
April 9. 2020
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.: 15 CV-00905 BAM (Police Department).
City of Fresno Printed on 12/12/2022Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00456 Agenda Date:4/9/2020 Agenda #:5-B
CLOSED SESSION ITEM
April 9, 2020
SUBJECT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8;
Property: APN 438-021-92T, 35T, 93T, and 60T, and 438-062-37T and 53T
Negotiating Parties: City Manager, CVCSF.
City of Fresno Printed on 12/12/2022Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00415 Agenda Date:4/9/2020 Agenda #:5-C
CLOSED SESSION ITEM
April 9, 2020
SUBJECT
1.Government Code Section 54957(b): Consider the appointment, employment, evaluation of
performance, discipline, or dismissal of a public employee.
Title: City Attorney
2.Government Code Section 54957.6: Conference with Labor Negotiator.
City Negotiator: Council President Miguel Arias
Unrepresented Employee: City Attorney
City of Fresno Printed on 12/12/2022Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID 20-00416 Agenda Date:4/9/2020 Agenda #:5-D
CLOSED SESSION ITEM
April 9, 2020
SUBJECT
1.Government Code Section 54957(b): Consider the appointment, employment, evaluation of
performance, discipline, or dismissal of a public employee.
Title: City Clerk
2.Government Code Section 54957.6: Conference with Labor Negotiator.
City Negotiator: Council President Miguel Arias
Unrepresented Employee: City Clerk
City of Fresno Printed on 12/12/2022Page 1 of 1
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