HomeMy WebLinkAbout2018-11-08 Council Agenda PacketThursday, November 8, 2018
9:00 AM
City of Fresno
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
Council Chambers
City Council
President - Esmeralda Z. Soria
Vice President - Steve Brandau
Councilmembers:
Oliver Banies III, Garry Bredefeld, Paul Caprioglio, Luis Chavez, Clint Olivier
City Manager - Wilma Quan-Schecter
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
Meeting Agenda - Final
Regular Meeting
November 8, 2018City Council Meeting Agenda - Final
The Fresno City Council welcomes you to City Council Chambers, located in City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA)
in all respects. The meeting room is physically accessible. If, as an attendee or
participant at the meeting, you need additional accommodations such as
interpreters, signers, assistive listening devices, or the services of a translator,
please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To
ensure availability, you are advised to make your request at least 48 hours prior to
the meeting. The agenda and related staff reports are available at www.fresno.gov,
as well as in the Office of the City Clerk.
The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel
99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be
viewed online at https://fresno.legistar.com.
PROCESS: For each matter considered by the Council there will first be a staff
presentation followed by a presentation from the involved individuals, if present.
Testimony from those in attendance will then be taken. All testimony will be limited to
three minutes per person. If you would like to speak fill out a Speaker Request Form
available from the City Clerk’s Office and in the Council Chambers. The three lights
on the podium next to the microphone will indicate the amount of time remaining for
the speaker.
The green light on the podium will be turned on when the speaker begins. The yellow
light will come on with one minute remaining. The speaker should be completing the
testimony by the time the red light comes on and tones sound, indicating that time
has expired. A countdown of time remaining to speak is also displayed on the large
screen behind the Council dais.
No documents shall be accepted for Council review unless they are submitted to the
City Clerk at least 24 hours prior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The
City Council may consider and act on an agenda item in any order it deems
appropriate. Actual timed items may be heard later but not before the time set on
agenda. Persons interested in an item listed on the agenda are advised to be present
throughout the meeting to ensure their presence when the item is called.
AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL
VETO OR RECONSIDERATION
Page 2 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers,
ubicado en la Alcaldía (City Hall), do piso, 2600 Fresno Street, Fresno, California
93721.
El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con
Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente accesible.
Si usted, como asistente o participante de la junta, necesita acomodaciones
adicionales coma intérpretes, lenguaje de señas, aparatos auditivos, o los servicios
de un traductor, por favor comuníquese con la Oficina del Secretario Municipal
llamando al (559) 621-7650 o al clerk@fresno.gov. Para asegurarse de la
disponibilidad, se le recomienda llamar y hacer su petición por lo menos 48 horas
antes de la junta. La agenda y los reportes de personal correspondientes están
disponibles en el www.fresno.gov, o en la Oficina del Secretario Municipal.
Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99 de
AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se
puede ver en el internet en el https://fresno.legistar.com
PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una
presentación del personal seguida por una presentación de los individuos
involucrados, si están presentes. El testimonio de los presentes se escuchará
entonces. Todo testimonio se limitará a tres minutos por persona. Si usted desea
hablar, Ilene la hoja para pedir hablar disponibles en la oficina del Secretario
Municipal y en la Sala Consistorial. Las tres luces en el atril junto al micrófono
indicarán cuanto tiempo le queda al orador.
La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se
prenderá cuando quede un minuto. El orador debería estar concluyendo su
testimonio cuando la luz roja prenda y ci sonido indique que se acabo su tiempo. La
cantidad del tiempo que queda también aparecerá en la pantalla grande atrás del
Consejo Municipal.
No se aceptarán documentos para que repase el Consejo Municipal a menos que se
sometan al Secretario Municipal por lo menos 24 horas antes de que se escuche la
Agenda del Consejo Municipal.
Este es el horario general de temas para la consideración y acción del Consejo
Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo de
la Agenda en el orden que considere adecuado. Artículos con una hora fijada se
pueden escuchar después de la hora indicada pero no antes de la hora indicada en
la agenda. Se les recomienda a las personas que estén interesadas en un artículo de
la agenda, que estén presentes durante toda la junta para asegurar su presencia
cuando se presente ese artículo.
Page 3 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN
VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION
Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai
American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus
yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau
lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav
tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City
Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias
npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj.
Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj
muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk.
Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99
thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub
rooj sab Iaj kuj saib tau online at https://fresno.legistar.com.
TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej
thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam
mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau
sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this
xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form)
muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj
peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone)
qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb.
Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb
daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau
thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv
nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub
sij hawm dhia qis zuj zus los mus.
Page 4 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb
muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej
council yuav los mloog tej xwm txheej.
Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej
num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv
daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los
xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom
tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv
daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj
nyob rau ntawd
YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ
YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA
Page 5 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
9:07 A.M. ROLL CALL
Invocation by Pastor Paul Clark of the Lutheran Campus Ministry
Pledge of Allegiance to the Flag
APPROVE AGENDA
1. CONSENT CALENDAR
All Consent Calendar items are considered to be routine and will be treated as
one agenda item. The Consent Calendar will be enacted by one motion. Public
comment on the Consent Calendar is limited to three (3) minutes per speaker.
There will be no separate discussion of these items unless requested by a
Councilmember, in which event the item will be removed from the Consent
Calendar and will be considered as time allows.
1-A ID18-1277 RESOLUTION - Of Intention to Annex Assessor ’s
Parcel Number 404-500-20 and 404-500-21 as
Annexation No. 36 to the City of Fresno Community
Facilities District No. 9 (north side of East Alluvial
Avenue between North Willow and Paula Avenues )
(Council District 6)
Sponsors:Public Works Department
1-B ID18-1326 Consider initiation of annexation of the Shepherd -Willow No. 3
Reorganization for the street right -of-way for Shepherd Avenue and
Willow Avenue and the property located on the southwest corner of
Shepherd Avenue and Willow Avenue. (Council District 6 and
County of Fresno)
1.***RESOLUTION - Authorizing the City Manager to initiate
annexation of the “Shepherd-Willow No. 3 Reorganization”
with the Fresno Local Agency Formation Commission
(LAFCo) for the detachment of an approximately 6.53 net acre
site from the Fresno County Fire Protection District and the
Kings River Conservation District in order to annex the same
territory to the City of Fresno. (Subject to Mayor’s veto)
Sponsors:Public Works Department
1-C ID18-1327 RESOLUTION - Approving the Final Map of Tract No. 6217 and
accepting dedicated public uses offered therein except for
dedications offered subject to City acceptance of developer
Page 6 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
installed required improvements - southeast corner of North Bryan
Avenue and West Gettysburg Avenue (Council District 1)
Sponsors:Public Works Department
1-D ID18-1283 Actions pertaining to the acquisition of a portion of APN
310-041-20, owned by the Rocha Revocable Living Trust dated
March 9, 2018, for the Relocation of Fire Station 10. (Council
District 4)
1.Adopt Negative Declaration per staff determination,
pursuant to Sections 15070 to 15075 of the California
Environmental Quality Act (CEQA) Guidelines Environmental
Assessment No. P18-01212.
2.Approve the acquisition of 67,200 square feet of real
property from property owned by The Rocha Revocable
Living Trust dated March 9, 2018, in the amount of $
300,000 (APN 310-041-20) for the Relocation of Fire
Station 10.
Sponsors:Fire Department
1-E ID18-1303 ***RESOLUTION - 546th Amendment to the Master Fee Schedule
(MFS) Resolution No. 80-420 to Add, Adjust, Revise or Delete
Various Fees (Subject to Mayor’s veto)
Sponsors:Office of Mayor & City Manager
1-F ID18-1345 Approve Sponsorship Agreement with Pepsi Beverages Company
to be Exclusive Non-Alcoholic Beverage Provider for the Fresno
Convention & Entertainment Center
Sponsors:Office of Mayor & City Manager
1-G ID18-1308 Actions pertaining to the Adult Compliance Team (ACT)
1.Authorize the Chief of Police to enter an agreement with
County of Fresno for the reimbursement of seven Fresno
Police Officers, one Police Sergeant and one Crime Analyst
which will be assigned to the Adult Compliance Team (ACT)
2.***RESOLUTION - 18th Amendment to the Annual
Appropriation Resolution (AAR) No. 2018-158 appropriating
$246,900 (Requires 5 affirmative votes) (Subject to Mayor’s
veto).
Sponsors:Police Department
1-H ID18-1319 Approve the reappointment of Richard Keyes to the Fresno
Regional Workforce Development Board and the appointment of
Ruby Yanez to the Fresno Housing Authority
Sponsors:Mayor's Office
Page 7 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
1-I ID18-1328 Reject the bid for the Bus Stop Solar Lighting Requirements
Contract - Bid File No. 9442
Sponsors:Department of Transportation
1-J ID18-1329
Approve Amendment No. 1 to the Service Agreement with The Arc
Fresno/Madera Counties at Fresno Yosemite International Airport
to update management fees for the term of the agreement. (Council
District 4)
Sponsors:Airports Department
1-K ID18-1330
Actions pertaining to awarding a Consultant Services Agreement to
ADS Corp., for maintenance of the City of Fresno ’s sewer flow
monitoring equipment (Citywide):
1.Affirm the City Manager’s determination that ADS Corp ., is
uniquely qualified to perform the services
2.Award a consultant services agreement in the amount of
$151,200 with ADS Corp., for the service, maintenance, and
data acquisition/upkeep of sewer flow monitoring
equipment, with provisions for up to two one -year extensions
thereafter
Sponsors:Department of Public Utilities
1-L ID18-1332
***BILL NO. B-57 - (Intro. 10/25/2018) (For adoption) - Adding
California Building Code Chapter 12 to Section 11-102 of the
Fresno Municipal Code relating to amendments to the California
Building Code regarding efficiency units. (Subject to Mayor’s veto)
Sponsors:Planning and Development Department
1-M ID18-1302
1.***Adopt a Side Letter of Agreement with the Fresno City
Employees Association (FCEA) for Unit 3, Non-Supervisory
White Collar (Subject to Mayor’s Veto)
2.***RESOLUTION - 7th Amendment to FY 2019 Salary
Resolution No. 2018-159, amending Exhibit 3, Unit 3,
Non-Supervisory White Collar (FCEA) as required by the
Side Letter of Agreement with the Fresno City Employees
Association (Subject to Mayor’s Veto)
Sponsors:Personnel Services Department
CEREMONIAL PRESENTATIONS
Page 8 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
ID18-1334 Presentation of the SPCA Pet of the Month
Sponsors:Olivier
ID18-1318 Proclamation of “Madeline and Clifford Gartin Day”
Sponsors:Mayor's Office
APPROVE MINUTES
ID18-1335 Approval of minutes from October 25, 2018.
Sponsors:Office of the City Clerk
ID18-1350 Approval of minutes of the October 25, 2018 Special Meeting
Sponsors:Office of the City Clerk
18-0043 Approval of minutes from November 1, 2018.
Sponsors:Office of the City Clerk
COUNCILMEMBER REPORTS AND COMMENTS
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.
ID18-1264 TEFRA HEARING - To hear and consider information concerning
the proposed issuance of Revenue Bonds by California Municipal
Finance Authority for the purpose of financing or refinancing the
acquisition, rehabilitation, improvement and equipping of Hotel
Fresno Apartments
1.***RESOLUTION - Approving a tax-exempt bond financing
to be issued by CMFA to benefit Hotel Fresno Apartments,
LP or a partnership created by APEC International, LLC in
the aggregate principal amount not to exceed $20 million for
Hotel Fresno Apartments (Subject to Mayor’s veto)
Sponsors:Finance Department
10:05 A.M.
ID18-1295 HEARING to consider Plan Amendment Application No. A-17-009,
Rezone Application No. R-17-013, Conditional Use Permit
Application No. C-17-101, and related Environmental Assessment
Page 9 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
No. A-17-009/R-17-013/C-17-101, filed by Gary Giannetta of Gary
Giannetta Consulting Civil Engineers, on behalf of Russ Nakata, for
approximately 2.5 acres of a 22.81-acre parcel located on the
northeast corner of East Nees Avenue and North Bond Street.
(Council District 6)
1.ADOPT Environmental Assessment No. A-17-009/R-17-
013/C-17-101, a Negative Declaration dated June 19,
2018.
2.RESOLUTION - Approving Plan Amendment Application
No. A-17-009 proposing to amend the Fresno General Plan
and the Woodward Park Community Plan planned land use
for approximately 2.5 acres from Commercial Recreation to
Community Commercial.
3.BILL (for introduction and adoption ) - Approving Rezone
Application No. R-17-013 proposing to amend the Official
Zone Map to reclassify approximately 2.5 acres of the
subject property from the CRC/UGM/cz
( C o m m e r c i a l - R e c r e a t i o n / U r b a n G r o w t h
Management/conditions of zoning) zone district to the
CC/UGM/cz (Commercial-Community/Urban Growth
Management/conditions of zoning) zone district in
accordance with Plan Amendment Application No. A-17-
009.
4.APPROVE - Conditional Use Permit Application No. C-17-
101 authorizing construction of an approximately 9,175
-square-foot funeral home to include a chapel with 190 seat
capacity. No crematory or body preparations are proposed
as part of this use. The project is being proposed under the
use classification Funeral Parlors and Internment Services.
Sponsors:Planning and Development Department
10:10 A.M.
ID18-1336 Appearance by Stan Reynolds to discuss a solution for stopping
cars from parking next to trash containers and making it difficult for
the garbage truck to pick up trash during their scheduled pick up
day. (Speaker resides in District 4)
3. GENERAL ADMINISTRATION
3-A ID18-1340 WORKSHOP regarding Mobile Apps:
1.Presentation of Resolution Congratulating the Information
Services Department for their Recognition of Outstanding
Accomplishments in the Areas of Operations and Mobile
Applications.
Page 10 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
Sponsors:Information Services Department
3-B ID18-1287 Award a requirements contract in the amount of $2,034,750 to
Clean Energy of Newport Beach, California, to supply and deliver
liquid natural gas to the Municipal Fleet Division fueling station.
(Citywide)
Sponsors:Department of Transportation
3-C ID18-1337 Approve the award of a cooperative purchase agreement to
Ruckstell Sales of Fresno, California, for the purchase of two 520
Peterbilt rear-loading refuse trucks in the amount of $612,959.33
Sponsors:Department of Transportation
3-D ID18-1338 Approve the award of a cooperative purchase agreement to
Ruckstell Sales of Fresno, California, for the purchase of seven 520
Peterbilt side-loading refuse trucks in the amount of $2,584,142.57
Sponsors:Department of Transportation
3-E ID18-1339 Approve the award of a cooperative purchase agreement to Quinn
Company of Fresno, California, for the purchase of one Caterpillar
Model PM622 cold planer machine in the amount of $613,093.92
Sponsors:Department of Transportation
3-F ID18-1306
Actions pertaining to receiving Unreleased Restoration Flows from
Millerton Lake:
1.Adopt findings of statutory exemption pursuant to CEQA
Guidelines Section 15282(u).
2.***RESOLUTION - Authorizing The Execution Of Contracts
Annually For Unreleased Restoration Flows Between The
United States Bureau of Reclamation and the City Of Fresno
Through February 28, 2025. (Citywide) (Subject to Mayor’s
veto)
Sponsors:Department of Public Utilities
3-G ID18-1341 Actions pertaining to the City of Fresno ’s Kings River Pipeline
Project:
1.***RESOLUTION - 13th Amendment to the Annual
Appropriation Resolution (AAR) No. 2018-157 to
appropriate $2,803,100 to provide additional funding for
construction contract change orders and support services
costs for the Kings River Pipeline Project (Council District 5
and Fresno County) (Requires 5 affirmative votes) (Subject
to Mayor’s Veto)
2.Approve Contract Change Order No. 6 and Contract
Page 11 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
Change Order No. 7 to the construction contract with Garney
Pacific Inc., for the City of Fresno’s Kings River Pipeline
Project to increase the lump sum contract value by a
combined total of $705,553 and extend Substantial
Completion date by a combined total of 106 days - Bid File
3433 (Council District 5 and Fresno County)
Sponsors:Department of Public Utilities
3-H ID18-1191 ***RESOLUTION - 15th Amendment to the Annual Appropriation
Resolution (AAR) No. 2018-157 to appropriate $8,785,900 for
operating programs and previously approved capital improvement
projects in the Public Works Department (Citywide) (Requires 5
affirmative votes) (Subject to Mayor’s veto)
Sponsors:Public Works Department
3-I ID18-1297 Actions pertaining to the Amalgamated Transit Union, Local 1027
(ATU) for Unit 6 - Bus Drivers and Student Drivers
1.***Adopt a successor Memorandum of Understanding
between the City of Fresno and the Amalgamated Transit
Union, Local 1027 (ATU) for Unit 6 - Bus Drivers and
Student Drivers (Subject to Mayor’s Veto)
2.***RESOLUTION - 6th Amendment to FY 2019 Salary
Resolution No. 2018-159, amending Exhibit 6, Unit 6, Bus
Drivers and Student Drivers (ATU) as required by the
Memorandum of Understanding between the City of Fresno
and the Amalgamated Transit Union, Local 1027 (ATU) for
Unit 6 - Bus Drivers and Student Drivers (Subject to
Mayor’s Veto)
Sponsors:Personnel Services Department
3-J ID18-1367 ***RESOLUTION - 2nd Amendment to Position Authorization
Resolution (PAR) No. 2018-158, adding eight Emergency Services
Dispatcher positions to the Fresno Police Department. (Subject to
Mayor’s veto)
Sponsors:Councilmember Soria, Councilmember Bredefeld and
Personnel Services Department
4. CITY COUNCIL
5. CLOSED SESSION
5-A ID18-1299 CONFERENCE WITH LABOR NEGOTIATOR - Government
Code Section 54957.6
City Negotiators: Jeffrey Cardell, Ken Phillips
Page 12 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
Employee Organization: Amalgamated Transit Union, Local
1027 (ATU)
Sponsors:Personnel Services Department
5-B ID18-1354 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9, subdivision (d)
(1)
1.South Central Neighbors United v. City of Fresno et al - Fresno
County Superior Court, Case No. 18CECG00690
Sponsors:City Attorney's Office
5-C ID18-1358 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 Wilma Quan-Schecter, Central Valley
Community Sports Foundation
Sponsors:Office of Mayor & City Manager
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
NOVEMBER 15, 2018
10:00 A.M. #1 - HEARING to adopt resolutions and ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No.
11, Annexation No. 95 (Final Tract Map No. 5493) (east side of North Bryan
Avenue between West Shaw and Gettysburg Avenues) (Council District 1)
NOVEMBER 15, 2018
10:00 A.M. #2 - HEARING to grant a Non-Exclusive Franchise for roll-off collection
Page 13 City of Fresno ***Subject to Mayoral Veto
November 8, 2018City Council Meeting Agenda - Final
services within the City of Fresno
NOVEMBER 15, 2018
10:10 A.M. - HEARING regarding Prezone Application R-17-019 filed by Jeff
Roberts near Clinton and Polk covering 40 acres.
NOVEMBER 22, 2018 - NO MEETING
NOVEMBER 29, 2018 - NO MEETING
DECEMBER 6, 2018
10:00 A.M. - TEFRA HEARING regarding a bond transaction for Saint Agnes
Hospital.
DECEMBER 6, 2018
10:05 A.M. - WORKSHOP - Restore Fresno
DECEMBER 13, 2018
10:00 A.M. #1 - HEARING to adopt resolutions and ordinance to annex territory
and levy a special tax regarding City of Fresno Community Facilities District No. 9,
Annexation No. 36 (Assessor’s Parcel Number 404-500-20 and 404-500-21) (north
side of East Alluvial Avenue between North Willow and Paula Avenues) (Council
District 6)
DECEMBER 13, 2018
10:00 A.M .#2- HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 90 (Final Tract Map No. 6165, Assessor’s Parcel Number
404-500-62, and 404-500-63) (north side of East Church Avenue between South
Fowler and Sunnyside Avenues) (Council District 5)
UPCOMING EMPLOYEE CEREMONIES
2018 CITY COUNCIL MEETING SCHEDULE
NOVEMBER 15, 2018 - 9:00 A.M. MEETING
NOVEMBER 22, 2018 - NO MEETING
NOVEMBER 29, 2018 - NO MEETING
Page 14 City of Fresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1277 Agenda Date:11/8/2018 Agenda #:1-A
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
ANN LILLIE, Senior Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION -Of Intention to Annex Assessor’s Parcel Number 404-500-20 and 404-
500-21 as Annexation No.36 to the City of Fresno Community Facilities District No.9
(north side of East Alluvial Avenue between North Willow and Paula Avenues)(Council
District 6)
RECOMMENDATION
Adopt Resolution of Intention to annex Assessor’s Parcel Number 404-500-20 and 404-500-21 as
Annexation No. 36 to the City of Fresno Community Facilities District No. 9 (“CFD No. 9”).
EXECUTIVE SUMMARY
The landowner has petitioned the City of Fresno (“City”)to have Assessor’s Parcel Number 404-500-
20 and 404-500-21 annexed to CFD No.9 to provide funding for the operation and reserves for
maintenance (“Services”)pertaining to certain required public improvements;to include concrete
curbs and gutters,sidewalks,and street lighting associated with this development.The cost for
these Services for the public improvements totals $419.00 annually for fiscal year 2018-2019.
Annexation No.36 is located entirely in the Fresno City Limits.The Resolution of Intention begins
the process,sets the required public hearing for Thursday,December 13,2018,10:00 a.m.,and
defines the steps required to complete the annexation. (Reference attached location map.)
BACKGROUND
New commercial,industrial,and multi-family subdivisions and parcel maps have different needs and
standards than those of a standard single-family residential subdivision.Commercial,industrial and
multi-family subdivisions are traditionally self-maintained with different proprietary requirements for
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File #:ID18-1277 Agenda Date:11/8/2018 Agenda #:1-A
multi-family subdivisions are traditionally self-maintained with different proprietary requirements for
landscaping,signage and general designs.CFD No.9 is designed to accommodate these
requirements by providing funding for services for certain required public improvements along the
perimeters of these developments.On December 16,2008,the Council of the City of Fresno
adopted Council Resolution No.2008-351,forming CFD No.9 to provide funding for the Services for
certain public improvements located within and adjacent to public streets on the perimeter of
commercial,industrial and multi-family subdivisions as described and permitted pursuant the Goals
and Policies for CFD No.9 and the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,
Article 3 of the Fresno Municipal Code (“City Law”)and the Mello-Roos Community Facilities Act of
1982 (Chapter 2.5,commencing with Section 53311,of Part 1,Division 2,Title 5 of the California
Government Code).
The landowner has petitioned the City to have Assessor’s Parcel Number 404-500-20 and 404-500-
21 annexed to CFD No.9 to provide funding for the pertaining to certain required public
improvements;to include concrete curbs and gutters,sidewalks,and street lighting associated with
this development. (Reference attached location map.)
The attached Resolution initiates the annexation process,sets the public hearing Thursday,
December 13,2018,10:00 a.m.,sets the Maximum Special Tax at a total of $419.00 to be
apportioned proportionately for each assessor’s parcel within Annexation No.36 annually for FY2018
-19,and that the maximum special tax may be adjusted annually at the discretion of the City at +3%
plus the increase, if any, in the Construction Cost Index for the San Francisco Region.
Annexations to existing community facilities districts are permitted under City Law.The legislative
body must follow certain prescribed procedures as outlined below:
§Adoption of a Resolution of Intention to Annex to CFD No. 9
§Required 7-day minimum Notice of Public Hearing
§Public hearing on Annexation and Levy of Special Tax
§Call a Special Mailed-Ballot Election on the proposed Special Tax
§Declare the Results of the Election
§Formal Adoption of Special Tax Levy (if election passes)
The attached Resolution has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this
hearing does not qualify as a “project”and is therefore exempt from the California Environmental
Quality Act requirements.
LOCAL PREFERENCE
Local preference was not considered since this item does not include a bid or award of a construction
or services contract.
FISCAL IMPACT
No City funds will be involved.All costs will be borne by the landowner as set by Exhibit D of theCity of Fresno Printed on 3/10/2023Page 2 of 3
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File #:ID18-1277 Agenda Date:11/8/2018 Agenda #:1-A
No City funds will be involved.All costs will be borne by the landowner as set by Exhibit D of the
Resolution of Intention attached herein.
Attachments:
Location Map
Resolution of Intention
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1326 Agenda Date:11/8/2018 Agenda #:1-B
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
M. SCOTT TYLER, PE, Public Works Manager
Public Works Department, Project Management Section
SUBJECT
Consider initiation of annexation of the Shepherd-Willow No.3 Reorganization for the street right-of-
way for Shepherd Avenue and Willow Avenue and the property located on the southwest corner of
Shepherd Avenue and Willow Avenue. (Council District 6 and County of Fresno)
1.***RESOLUTION -Authorizing the City Manager to initiate annexation of the “Shepherd-Willow
No.3 Reorganization”with the Fresno Local Agency Formation Commission (LAFCo)for the
detachment of an approximately 6.53 net acre site from the Fresno County Fire Protection
District and the Kings River Conservation District in order to annex the same territory to the City
of Fresno. (Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends the City Council adopt the Resolution authorizing the City Manager to initiate
annexation of the “Shepherd-Willow No.3 Reorganization”with the Fresno Local Agency Formation
Commission (LAFCo)for the detachment of an approximately 6.53 net acre site from the Fresno
County Fire Protection District and the Kings River Conservation District in order to annex the same
territory to the City of Fresno.
EXECUTIVE SUMMARY
The City of Fresno proposes to annex the territory underlying the planned Sugar Pine Trailhead /
Park and Ride at the southwest corner of Shepherd and Willow Avenues.In addition to the right-of-
way which makes up the majority of the property sought to be annexed,the City also owns the 0.42
acre property (APN 403-050-66)underlying the prospective park and ride facility.As previously
approved by the Council,the City is planning to use Federal grant funding to construct a parking lot
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File #:ID18-1326 Agenda Date:11/8/2018 Agenda #:1-B
approved by the Council,the City is planning to use Federal grant funding to construct a parking lot
with approximately 40 parking stalls,construct an exercise station,and install surrounding
landscaping to compliment the existing Sugar Pine Trail adjacent to the parcel.The Sugar Pine Trail
(Rails to Trails property -APNs 403-050-64 and 68)is currently in the County as well,but was
constructed several years ago as a City capital improvement and has always been maintained by the
City.
The City maintains the portions of Shepherd Avenue and Willow Avenues lying within the City’s
Sphere of Influence,but technically under County jurisdiction.The proposed annexation area will
include this street right-of-way,the parcels currently used for the Sugar Pine Trail,and the parcel of
the proposed Sugar Pine Trailhead / Park and Ride.
BACKGROUND
The list of properties to be annexed includes approximately 6.53 net acres,the majority of which is
currently being used for street and trail purposes.The proposed Sugar Pine Trailhead /Park and
Ride would complement the existing adjacent trail along Willow Avenue.
LAFCo policy requires all property within an annexation area to be “pre-zoned”unless satisfactory
evidence is presented that the current use is consistent with the City of Fresno General Plan and
corresponding community plan prior to annexation.Pursuant to Fresno Municipal Code Section 15-
203,the Director has determined that the pre-zone is not applicable.As such,staff seeks direction to
submit an application for annexation to LAFCo.
Annexation of the subject site will facilitate continuity of municipal services for maintaining the road,
trail,and park and ride areas.City Council action is requested to authorize staff to file an application
with LAFCO to initiate the Shepherd-Willow No.3 Reorganization and annex the subject site to the
City of Fresno.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment (EA No.P18-02890)of this project and
has determined that it falls within the Categorical Exemption set forth in Sections 15301/Class 1 and
15319/Class 19 which exempts (1)minor alteration of existing public or private facilities,involving
negligible or no expansion of use and (2)annexations of individual small parcels because the project
is annexing a portion of street right-of-way and City owned properties into the City of Fresno.
Furthermore,Staff has determined that none of the exceptions to Categorical Exemptions set forth in
the CEQA Guidelines, section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference was not considered because this proposal does not include a bid or award of a
construction or service contract.
FISCAL IMPACT
Affirmative action by the Council will result in timely deliverance of the review and processing of the
application for the Sugar Pine Trailhead /Park and Ride project.The General Fund will not be
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File #:ID18-1326 Agenda Date:11/8/2018 Agenda #:1-B
impacted by this action.
Attachments:
Vicinity Map
Exhibit “A”
Resolution
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EAST SHEPHERD AVENUE
NORTH WILLOW AVENUEP-R FARMS INC.
APN 403-050-15
NORTHEAST CORNER
OF SECTION 25, 12
20,
BEING THE TRUE
POINT OF BEGINNING
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LOT 1
LOT 2
SECTION LINE N 89°32'27" E 1313.37' (8)
S 89°32'27" W 1940.48' (6)
N 35°20'32" E
RADIAL
R=324.62'
Δ=48°57'40"
L=533.76'
(5)N 0°04'20" E 80.00' (7)N 0°04'20" EN 1°24'01" W 31.03' (4)NORTH 770.82' (3)APN 403-050-68APN 403-050-15
S 89°36'58" W 112.00' (2)SOUTH 1331.59' (1)SECTION LINE30'REMAINDER OF TRACT No. 5102
APN 403-781-24APN 403-781-23APN 403-781-22APN 403-781-21APN 403-781-20APN 403-781-19APN 403-781-18APN 403-781-17APN 403-781-16APN 403-781-15APN 403-781-14APN 403-781-13APN 403-781-12APN 403-781-11APN 403-781-10A
P
N
4
0
3
-
7
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APN 403-800-34
APN 403-800-35
APN 403-800-36
APN 403-800-37
APN 403-800-38
A
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8
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A
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APN 403-733-09
APN 403-733-10
APN 403-733-11
APN 403-733-12
APN 403-733-13
APN 403-733-14
APN 403-734-01
APN 403-734-02APN 403-733-08APN 403-733-07N 84°18'12" E
RADIAL
57'APN 403-050-64APN 403-050-6680'82'86'69.5'
62.5'
57'80'PROJ. ID.
FUND NO.
ORG. NO.
REF.& REV.
OF SHEETS
DEPARTMENT OF PUBLIC WORKS
CITY OF FRESNO
SHEET NO.DR. BY
CH. BY
DATE
SCALE
RES TYPE
15-A-XXXX
PW00585
189901
J.A.C.
1" = 200'
1
PLAT 0962
AUG. 14, 2018
EXHIBIT "A"
1"=200'
INDICATES LIMITS SHEPERD-WILLOW No. 3 REORGANIZATION
CONTAINING: 6.53 ACRES, MORE OF LESS.
1
2018-XXX
N
22048
J.A.C.SHEPHERD-WILLOW No. 3 REORGANIZATION
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1327 Agenda Date:11/8/2018 Agenda #:1-C
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic Operations and Planning Division
JONATHAN BARTEL, Supervising Engineering Technician
Public Works Department, Traffic Operations and Planning Division
SUBJECT
RESOLUTION -Approving the Final Map of Tract No.6217 and accepting dedicated public uses
offered therein except for dedications offered subject to City acceptance of developer installed
required improvements -southeast corner of North Bryan Avenue and West Gettysburg Avenue
(Council District 1)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6217 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,WC Ashlan Hayes,LLC,a California Limited Liability Company (Joshua Peterson,
President),has filed for approval,the Final Map of Tract No.6217,Phase 2 of Vesting Tentative Map
No.6056,for a 62-lot conventional single-family residential subdivision with two outlots for common
open space and pedestrian connection purposes,located on the southeast corner of North Bryan
Avenue and West Gettysburg Avenue on 10.94 acres.
BACKGROUND
The Fresno City Planning Commission on September 7,2016 adopted Resolution No.13403
approving Vesting Tentative Map No.6056 (Tentative Map)for a 179-lot conventional single-family
residential subdivision on 31.78 acres.The Tentative Map was approved consistent with the Fresno
General Plan and the West Area Community Plan to comply with the provisions of the Subdivision
Map Act.The approval of Vesting Tentative Map No.6056 expired on September 7,2018,however,
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File #:ID18-1327 Agenda Date:11/8/2018 Agenda #:1-C
Map Act.The approval of Vesting Tentative Map No.6056 expired on September 7,2018,however,
prior to the expiration date the Subdivider formally submitted a letter requesting an extension which
gives the Tentative Map a 60-day extension per the California 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.6217,submitted securities in the total amount of $1,133,000.00 to guarantee the
completion and acceptance of the public improvements and $566,500.00 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 $274,232.20.Covenants have been executed to defer eligible development
impact fees totaling $609,009.34 to the time of issuance of building permit and final occupancy of
each unit,for annual CFD-11 assessment notification,for landscape maintenance of certain lots,for
temporary storm drainage facilities and for acknowledgement of right-to-farm law.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,all concrete curbs and gutters,valley gutters,
sidewalks and curb ramps,interior local street paving,street name signage and street lights
associated with the Final Map in accordance with the adopted standards of the City.The Final Map
will share costs for all services in common with all final maps annexed to the Community Facilities
District No.11 (CFD-11)within the Tentative Map.The Subdivider has satisfied the maintenance
requirement by annexing the subdivision into the City’s CFD-11 on September 20, 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 $657.21 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
The Final Map is located in Council District 1.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 theCity of Fresno Printed on 3/10/2023Page 2 of 3
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File #:ID18-1327 Agenda Date:11/8/2018 Agenda #:1-C
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. 6217
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1283 Agenda Date:11/8/2018 Agenda #:1-D
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:KERRI DONIS, Fire Chief
Fire Department
BY:THEODORE SEMONIOUS, Deputy Fire Chief
Fire Department
SUBJECT
Actions pertaining to the acquisition of a portion of APN 310-041-20,owned by the Rocha Revocable
Living Trust dated March 9, 2018, for the Relocation of Fire Station 10. (Council District 4)
1.Adopt Negative Declaration per staff determination,pursuant to Sections 15070 to 15075 of
the California Environmental Quality Act (CEQA)Guidelines Environmental Assessment No.
P18-01212.
2.Approve the acquisition of 67,200 square feet of real property from property owned by The
Rocha Revocable Living Trust dated March 9,2018,in the amount of $300,000 (APN 310-041
-20) for the Relocation of Fire Station 10.
RECOMMENDATION
Staff recommends the City Council approve the environmental findings pursuant to CEQA Guidelines
Sections 15070 to 15075 (EA-P18-01212)for the relocation of Fire Station 10;approve the
acquisition of 67,200 square feet of real property which is necessary for the relocation of Fire Station
10 from property owned by The Rocha Revocable Living Trust in the amount of $300,000 (APN 310-
041-20);and authorize the Public Works Director,or designee,to sign all documents necessary to
complete the transaction.
EXECUTIVE SUMMARY
This acquisition is required for the relocation of Fire Station 10.Acquisition of the site will allow the
Fire Department to construct a new fire station in the upcoming years for improved fire response and
service to the southeast area of Fresno.After reviewing various sites on Clinton Avenue between
Fowler and Temperance Avenues as identified by staff from the Fire Department,Public Works
Department Real Estate staff contacted five property owners along Clinton Avenue to inquire about
interest in selling a portion of their property for the relocation of Fire Station 10.Mr.and Mrs.Rocha
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File #:ID18-1283 Agenda Date:11/8/2018 Agenda #:1-D
interest in selling a portion of their property for the relocation of Fire Station 10.Mr.and Mrs.Rocha
responded through their commercial broker.Staff concluded that the subject parcel would be
suitable for the new Fire Station.The subject parcel is located at 6351 E.Clinton Avenue,between
Fowler and Armstrong Avenues.The property was previously appraised by an independent,
professional appraiser,who concluded that the fair market value for the property is $4.75 per square
foot.The owners Tony J.and Emily K.Rocha,as trustees of The Rocha Revocable Living Trust have
agreed to the City’s offer of $300,000, which equates to $4.46 per square foot.
BACKGROUND
The Fresno Fire Department (FFD)serves a population of more than 540,000 in the City of Fresno,
the North Central Fire Protection District and the Fig Garden Fire Protection District (over 325 square
miles) with 24 fire stations, including the Airport Rescue Fire Fighting (ARFF) station.
In 2016,FFD responded to a total of 43,890 emergency incidents,with 3,356 being fire calls,
resulting in a total of over $23,500,000 in fire loss.
The Fresno Municipal Code (FMC)currently requires all new development to be within a three mile
running distance from a fire station to allow for appropriate response time.Running distance is
defined as “the actual distance which must be traveled over public streets or rights-of-way from a fire
station to reach the scene of a fire incident (FMC Section 12.4.501.5-G)”.Industry recognizes a three
mile running distance as a four minute average response time.
The current location of Fire Station 10 is 5545 East Aircorp Way near Westover sits on the northern
perimeter of Fresno Yosemite Air Terminal and supports the Airport Rescue Fire Fighting station.The
average response time to service the southeast part of Fresno is over four minutes and does not
meet FMC Section 12.4.501.5-G standards.The construction of the new fire station will be centrally
located in the southeast area,so response times should be quicker resulting in less fire loss and
higher customer satisfaction.Due to the rapid development within this fire station service area,it is
critical for the City to acquire a suitable fire station site at the present time.
ENVIRONMENTAL FINDINGS
An Initial Study for Negative Declaration was prepared on August 24 2018,for this project which
includes the acquisition of 67,000 square feet of real property for the development of Fire Station No.
10,which would replace the existing fire station located at 5545 East Aircorp Way.This approval is to
implement the aforementioned portion of that project.
An analysis has been performed pursuant to CEQA guidelines section 15162 to determine whether
subsequent environmental review is required.Based upon this analysis,the following findings are
made to support the determination that no subsequent environmental review is required.
1.No substantial changes are proposed in the project which will require major revisions of the
previous environmental document due to the involvement of new significant effects or a
substantial increase in the severity of previously identified significant effects.In this case
there are no changes.
2.No substantial changes occur with respect to the circumstance under which the project is
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2.No substantial changes occur with respect to the circumstance under which the project is
undertaken which will require major revision of the previous environmental document due to
the involvement of new significant environmental effect or a substantial increase in the severity
of previously identified significant effects. In this case no substantial changes have occurred.
3.There is no new information which was not known and could not have been known at the time
of the previous environmental document that was not discussed in that document.
Based upon these findings,it has been determined that no further environmental determination is
required for this project.
LOCAL PREFERENCE
Local preference was not considered because the acquisition of this property does not include a bid
or award of construction or services contract.
FISCAL IMPACT
This acquisition is included in the FY 2019 Adopted Budget and will be funded from UGM Fire Station
10 Relocation revenues collected within the service area for this future fire station.There is no fiscal
impact to the General Fund.Design and construction of the station will occur in future fiscal years
when sufficient revenues are available for these phases of the project.
Attachments:
Environmental Assessment No. P18-01212
Vicinity Map
Location Map
Grant Deed
Purchase and Sale Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1303 Agenda Date:11/8/2018 Agenda #:
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:WILMA QUAN-SCHECTER, City Manager
THROUGH:HENRY FIERRO, Budget Manager
Budget and Management Studies Division
BY:SHARON MCDOWELL, Senior Budget Analyst
Budget and Management Studies Division
SUBJECT
***RESOLUTION - 546th Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 to
Add, Adjust, Revise or Delete Various Fees (Subject to Mayor’s veto)
RECOMMENDATION
It is recommended that the Council approve the 546th Amendment to the MFS Resolution No.80-
420.
EXECUTIVE SUMMARY
The attached resolution to adopt the 546th Amendment to the Master Fee Schedule (MFS)
Resolution No.80-420 addresses fee changes,and annual routine revisions to the following
sections of the MFS:Airports;Convention Center;Finance,General Government,Parks,After
School,Recreation and Community Services (PARCS);Planning and Development (DARM);
Police; Public Utilities; Public Works; and Transportation.
BACKGROUND
The annual revision of the MFS is being presented at this time to enable adjustments approved
by Council to be incorporated into the planning of next year’s budget.Staff will proceed with
estimating revenues for FY 2020 based on the adoption of these updates to the schedule.The
following narrative details the proposed fee adjustments by MFS section and then goes on to
detail those fees impacting multiple sections.
Finance:A new permit fee of $25 is being added under the Business Tax and Permit Fees section
to recover the administrative costs of permit issuance on Shared Mobility Devices.This fee will
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File #:ID18-1303 Agenda Date:11/8/2018 Agenda #:
to recover the administrative costs of permit issuance on Shared Mobility Devices.This fee will
only become effective upon passage of the Shared Mobility Device Ordinance.
General Government:Proposed changes to the General Government section of the MFS include
13 fee increases,five fee decreases,the addition of nine new fees,the deletion of three fees and
various text changes.The bulk of the fee changes are related to City Hall Rental Rates and the
Additional Services for City Hall Rentals.
·The current City Hall Rental Rates have been in effect since the fees were initially added to
the MFS in 1992.This MFS revision adjusts these rates to reflect the current hourly rates as
determined by square footage.In addition to adjusting the rental rates,an additional six
meeting rooms and the Fourth Floor Lobby are being added to the rooms available for rent.
Two meeting rooms previously offered are now restricted,therefore their associated fees
are being deleted.
·Also updated are the ancillary services associated with City Hall Rental Rates.Additional
Services pertain to costs incurred by the City in excess of ordinary ongoing services
provided during normal operating hours or those additional services requested by the
renting party such as the use on the City’s portable public announcement (PA)system.
Often times,City Hall facilities are rented in the evenings or weekends and require the
services of after-hours custodial and/or security staff.Essentially,these fees allow the City
to pass through these additional costs to the party renting the facilities.Hourly fees
increasing include:Custodian,Security Guard,Property Maintenance Worker,set up of the
PA System,and set-up of the Multi-Media Presentation System.The hourly rate for the
Property Maintenance Worker is going down.An additional fee associated with staffing of
an After Hours City Hall Access Point is being added,and the fee for Building Maintenance
job class is being deleted as this class is no longer used.
·The Stadium APES fee is being increased $0.05 to $1.55 consistent with the terms of the
Third Amendment to the Amended and Restated Stadium Sublease Agreement.
·One of the proposed new fees under the General Government Section is the Stadium
Special Event Parking Fee.This fee that will be charged at City sponsored special events
held at Chukchansi Stadium and is consistant with the $7 Special Event Parking Fee
included in the Parking section of the MFS.
PARCS:PARCS is proposing eleven fee increases,seven are contractual,and the deletion of one
duplicate fee.
·Riverside Municipal Golf Course Green Fees are being adjusted per the lease agreement,
with the increase based on the June 2018 CPI.Eight of the eleven fee increases relate to
these fees.The cumulative increase totals 4.16 percent.These fees will be effective
January 1, 2019.
·To allow for full cost recovery,the Department is proposing CPR and First Aid Instructional
Classes be renamed to reflect Lifeguarding/CPR,First Aid and Professional Rescue,the
actual course now being offered.In addition to changing the fee name,PARCS is also
proposing the fee be increased to $200 to cover staffing and supplies costs.Previously the
courses offered were a one day Standard CPR and First Aid certification courses in a
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courses offered were a one day Standard CPR and First Aid certification courses in a
classroom setting.The course now being offered is a two and a half day comprehensive
certification course covering Lifeguarding,CPR,First Aid and Professional Rescue,
complete with in-pool training.Those individuals taking the course for recertification
purposes will pay a reduced rate of $125. Both fees will be effective January 1, 2019.
·The APES Fee for Memorial Auditorium was inadvertently omitted when Citywide APES
Fees were last adjusted.This fee is being increased from the initial $0.75 fee to $1.00
consistent with other APES Fees within the PARCS and Airports Departments.
·Also proposed is the deletion of the duplicate Event staff fee under the Special Pool Rental
fees. Event staff fees are already included under General Recreation Fees.
DARM (Planning &Development fees):DARM is proposing the addition of three new fees and
the reformatting of the Fish and Game Filing Fees.
·In February 2017 the City enacted the Rental Housing Improvement Act.At that point in
time,the MFS was updated to include a Rental Housing Health and Safety Inspection Fee.
As part of the annual revision,DARM is proposing the addition of a $100 Compliance Re-
Inspection Fee and a $50 Pre-Compliance Re-Inspection Fee.For those rental units that do
not pass the initial-inspection,a written correction notice is issued containing a scheduled re
-inspection date and time by which violations must be corrected.Property owners who are
timely and ready for re-inspection at least seven days prior to their scheduled compliance re
-inspection date can request a Pre-Compliance Re-Inspection at a reduced rate of $50.
·Another new fee being proposed by DARM is a Policy of Insurance of Record,or PIRT,Fee
under the Code Enforcement Fees.When a Code Enforcement Lien is being cleared,the
title company will charge $100 to search property ownership.DARM is proposing the
addition of a new fee to allow this charge to be passed on to the party clearing the lien on
the property.
·Also included are adjustments to the Fish and Game Filing Fees for Environmental
Assessments and Environmental Impact Reports.While the City collects these fees,they
are set by and ultimately passed through to the State.In the past,these fees have been
updated annually to reflect the applicable fees required as reflected on the California
Department of Fish and Wildlife website.Instead of updating the fee with the specific dollar
amount this year,the Department is proposing the reformatting of the fee to reflect a
reference indicating that the fee charged will be the “Current fee as reflected on the
Department of Fish and Wildlife website.”This will eliminate the need for this fee to be
updated annually.
Police:The Police Department is proposing addition of Parade Route Policing fees consistent with
the Parade and Other Special Event Ordinance passed by Council on June 26, 2018. Eight new fees
are proposed corresponding to anticipating staffing levels of the each of the pre-established parade
routes. Pre-established routes include: Downtown Loop, Fulton Loop, Olive/Hedges Loop, O Street
Loop, Olive Route, City Hall Loop, China Town Route, and the Mariposa Route.
Public Utilities (Water Division):The Water Division is proposing adjustments to eight fees.
These fees are adjusted annually to reflect the current cost of service and materials.Fees being
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These fees are adjusted annually to reflect the current cost of service and materials.Fees being
adjusted include:Fire Hydrant Damage Repair fee;Blind Washer Installation;Blind Washer
Removal;Service Disconnection;Service Restoration;After Hours Turn On Service;the
Underground Utility Remark fee; and the Three Inch Fire Hydrant Meter Testing and Cleaning Fee.
Public Works:Public Works is proposing fee revisions under the Engineering,Inspection,and
Street Work section as well as the Parking section. Changes in these sections include:
Engineering,Inspection,and Street Work:Public Works is proposing the restructuring of three
fees,the increase of two existing surcharges,an increase of the Street Work Inspection Fee for
Public Utilities, and the addition of three new surcharges.
·For FY 2020,Public Works is proposing the current Street Work Inspection Permit
Processing Fee be restructured from the existing $20 fee to the Street Work Inspection
Permit Processing Fee Level 1 ($65)and Level 2 ($140).The fee is being split in order to
take into account the varying levels of complexity associated with processing the permits.A
Level 1 permit does not include any associated drawings or plans and a Level 2 permit
includes associated drawings or plans,documents required for submittal,and verification of
items including;insurance approval,fees,off-site right-of-way dedications,public utility and
pedestrian easements, etc.
·Also proposed is an adjustment of the existing permit processing fee for Street Work
Inspection for Public Utilities.The current fee is proposed to be restructured from the
existing $20 fee to a Level 2 Permit Processing Fee of $140 consistent with the Level 2
Processing Fee described above.
·Surcharges for not obtaining a permit for both Street Work Inspection and Street Work
Inspection--Public Utilities are proposed to be raised from “Twice the amount of the permit
or $500 whichever is greater”to $1,000.The increase of these surcharges is intended to
serve as a better determent to improper or unsafe execution of an approved traffic control
plan.
·Also proposed is the restructuring of Traffic Control Plan Review Fee.The fee is currently
composed of an “In Office”fee of $87 and a “Field Inspection”fee of $298.Public Works is
proposing these fees be restructured into three different levels:
o A Level 1 Fee would include minor traffic control plans limited to sidewalk and/or
shoulder closures and would $80.
o A Level 2 Fee would include minor traffic control plans including lane closures,lane
shifts,residential/local street closures,or flagging operations.This fee would be set
at $215.
o A Level 3 Fee would include any major street (classified street)closures and plans
that include four (4)or more phases and/or contain multiple sheets for each phase.
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This fee would be set at $575.
·Three new surcharges associated with traffic control plans are also being proposed.The
intent of these surcharges is to provide a mechanism to ensure work in the public right-of-
way is done in a safe and permitted manner.For each of new surcharges,the first violation
results in a written warning and the surcharge amounts for violations thereafter are as
follows:
o Surcharge for not obtaining a traffic control plan (per day) - $1,000
o Surcharge for violating traffic control plan requirements (per day) - $500.
o Surcharge for not having an approved traffic control plan on-site (per day) - $100.
Parking Fees:
Unlike other items in the MFS,the changes proposed by the Parking Division are fines and
generally not related to a tangible expense,but rather are designed to discourage behavior that is
detrimental to the general public.Many changes proposed by the Parking Division are text
changes to increase clarity,removal of duplicate violations,and removal of violations that are no
longer applicable.
The City’s overtime/expired meter violation ($33),which is the most common,is lower than many
peer cities (Glendale $51 overtime/$48 meter or Santa Ana $48 overtime/$41 meter)and the Division
is not requesting a change to that.This violation is intentionally low because it is not intended to
severely penalize individuals who make an occasional mistake.
Some key items to note:
ADA Violations:
The Parking Division proposes increasing the ADA space violation from $303 to $350,consistent with
peer cities.This violation includes parking without an ADA placard,or blocking/parking in an ADA
designated area.The current $303 does not reflect best practices in using the violation amount as a
deterrent to parking in these areas for persons with disabilities.Those with valid placards who failed
to display are eligible for a reduction to the $25 processing fee pursuant to California Vehicle Code
40226.
The City does not currently have a separate violation for ADA Placard Misuse.This occurs when an
individual uses an ADA placard not issued to them.In the past,it was written as an ADA placard
violation;this is not an accurate reflection of the severity of the violation.The proposed fee of $500
was selected as it is half the amount of the fine a sworn officer writes for that type of violation ($1,000
misdemeanor).
Safety Violations:
These violations are related to parking situations that jeopardize public safety.In the City’s current
citation framework,the differential between an overtime/expired meter violation and the safety
violations was insufficient to leverage the penalty to encourage compliance.For example,under the
current framework,parking overtime is a $33 violation,but blocking a sidewalk (and corresponding
ADA path of travel)is only $43,and blocking a fire hydrant is only $58.For consistency,these are
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ADA path of travel)is only $43,and blocking a fire hydrant is only $58.For consistency,these are
being increased to $100 per violation.
In FY 2018,the following number of violations were issued:294 for parking in a bike lane,path or
zone;seven for parking in a crosswalk;612 for parking on a sidewalk;252 for parking less than 15
feet from a fire hydrant;six for parking in divisional island;216 for parking in such a way as to cause
a traffic hazard; and 288 for parking in front of a driveway.
Transit Zone Violation:
The Parking Division proposes increasing this violation from $258 to $500.In correspondence with
the City’s priority transit initiatives such as enhanced 15 minute headways and quality of service.
Although this violation is issued infrequently (105 citations in FY 2018),it has large impact on riders.
Blocking a transit zone can result in riders with mobility issues being unable to disembark safely,
impact headways for extended periods of time while buses “catch up”and cause riders to miss
transfers.
Transportation:As part of the FY 2018 MFS revisions,the Transportation Department made
multiple text changes to make its fee structure consistent with transit industry terminology and the
elimination of the use of tokens.With the elimination of the use of tokens fare media,the
Department inadvertently eliminated its ability to offer a quantity discount for prepaid fares.For FY
2020,the Department is proposing the addition of four new “Bulk Purchase”rates for prepaid ride
cards that re-institutes the discount at the same rates that were previously charged.
APES Fees:When initially adopted the APES fees were only applicable to tickets sold at the
Fresno Convention &Entertainment Center,Memorial Auditorium,and each round of golf at the
Airways and Riverside Golf Courses.APES fee language is being now adjusted to reflect
applicability to ticket sales at all City facilities.This adjustment is reflected in the following sections
of the MFS: Airports, Convention Center, General Government and PARCS.
FISCAL IMPACT
The FY 2020 budget will be built on the assumption that the fees contained in the 546th
Amendment will be implemented.The effective date of this amendment is July 1,2019,unless
otherwise noted.
Attachment:
546th Amendment to the Master Fee Schedule Resolution
Master Fee Schedule Exhibit A
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EXHIBIT A
CITY OF FRESNO
MASTER FEE SCHEDULE
AIRWAYS GOLF COURSE - GREEN FEES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports (Applicable at all City owned facilities.546
that comprise the Fresno Convention & Entertainment Center, and the
Riverside Municipal and Airways Golf Courses. The Arts, Park,
Entertainment and Sports (APES) ticket surcharge fee is to be
applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket (or attendee) and on each round of golf.1.00
**Weekdays 20.50 524
Active Military 18.25 effective
9 Holes 16.00 9/1/2015
Twilight:after 2 p.m. (PST)16.25
after 3 p.m. (PDST)16.25
Super Twilight:after 4 p.m. (PST)10.00
after 5 p.m. (PDST)10.00
**Weekends/Holidays (as identified in FMC 3-116)22.75 524
Active Military 21.25 effective
9 Holes 17.25 9/1/2015
Twilight:after 2 p.m. (PST)16.25
after 3 p.m. (PDST)16.25
Super Twilight:after 4 p.m. (PST)10.00
after 5 p.m. (PDST)10.00
**Tournaments 24.25 524
Seniors (62 and over—See * below for ID requirements)12.25 effective
Juniors (18 and under—See * below for ID requirements)10.00 9/1/2015
Junior Golf Team 4.25
**Monthly Cards (restricted to the individual named)
Seniors (Unlimited)*44.50 524
Surcharge / per round 6.00 effective
Juniors (Unlimited)*42.75 9/1/2015
Surcharge / per round +4.00
Frequent Players (No restriction on time of play)81.00
Surcharge, weekdays / per round 4.00
Surcharge, weekends/holidays / per round 6.50
* Tee times will be restricted to weekdays and after 2 p.m. (standard time) or 3 p.m. (daylight savings time)
on weekends and holidays, or based on course availability as determined by lessee. A valid driver's
license or school photo ID, as applicable, is required. Another form of identification bearing a birth date
may be submitted with prior approval from the Airways Golf Course General Manager.
** Fees effective 11/01/2014.
NOTE: The Director is authorized to negotiate these fees if it is determined to be beneficial to the City.
AIRPORT FEES
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) 10/24/20183:35 PM Page 1
CITY OF FRESNO
MASTER FEE SCHEDULE
CONVENTION CENTER - BASIC RATES*
*Rates and overtime use of the Convetion Center, except as otherwise provided for, shall be at
the discretion of the Director. Rate shall be either: 1) the Basic Rates; 2) 10 percent of gross
receipts; or 3) square footage rate, whichever is greater. Overtime shall be: 1) the rate indetified
as overtime; or 2) applicable rate set forth in Basic or Special Rates for the whole of shortest
period in which overtime occurs.
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports* (Applicable at all City owned facilities.546
that comprise the Fresno Convention & Entertainment Center, the
Riverside Municipal and Airways Golf Courses. The Arts, Park,
Entertainment and Sports (APES) ticket surcharge fee is to be
applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket (or attendee) and on each round of golf 3.00
Arena, non-commercial daily rate (including holidays and New 393
Year's Eve)
8 a.m. to 12 noon 1,700.00
12 noon to 6 p.m.1,700.00
6 p.m. to 12 midnight 3,200.00
8 a.m. to 6 p.m.3,000.00
8 a.m. to 12 midnight 4,000.00
Theater, non-commercial daily rate (including holidays and New 393
Year's Eve)
8 a.m. to 12 noon 800
12 noon to 6 p.m.800
6 p.m. to 12 midnight 1,500.00
8 a.m. to 6 p.m.1,400.00
8 a.m. to 12 midnight 1,600.00
Theater, non-profit daily rate (including holidays and New 393
Year's Eve)
-local, community-based, non-profit cultural arts organization
-activity relevant to the organization's mission/purpose
-derive 90 percent benefit from the activity
-Director retains authority of determining appropriate rate
8 a.m. to 12 noon 650.00
12 noon to 6 p.m.650.00
6 p.m. to 12 midnight 1,300.00
8 a.m. to 6 p.m.1,200.00
8 a.m. to 12 midnight 1,500.00
CONVENTION CENTER
All fees effective 07/01/18 unless otherwise noted
MFS Amendment #539 (November 2017) 10/24/20183:35 PM Page 2
CITY OF FRESNO
MASTER FEE SCHEDULE
BUSINESS TAX AND PERIMIT REQUIREMENTS
Fee Description & Unit/Time Current Proposed Amnd
Professional - continued
Surgeon
Surveyor
Veterinarian
X-Ray Technician
Professional, Real Estate (FMC 7-1207, 7-1208)
Option 1 - Gross receipts tax
.002 x gross receipts year, minimum 35.00
Maximum tax on gross receipts / per year per firm 6,230.00
Option 2 - Flat tax
Designated broker
Per Quarter 97.00
Per 6 month period 194.00 513
Year 388.00
Other licensee's (each)
Per Quarter 19.00
Per 6 month period 38.00 513
Year 73.00
Promoter (FMC 7-1241)
Charitable Activities See Charitable
Activities
Commercial / per day 10.00
Manned booth/exhibit without city business license
Booth per day 5.00
Manned booth/exhibit with city business license
Booth per day -0-
Real Estate Office See Professional, Real Estate
Second Hand Dealer (FMC 9-607, 7-1202)
Application for permit
Fingerprint charge:
See Master Fee Schedule, General Government
State of California rate / per set Established by DOJ
Business tax certificate See Business, Retail
Shared Mobility Device Permit (FMC 9-3305)New 25.00 546*
*Shared Mobility Device Permit Fee to be effective upon adoption of the Shared Mobility
Device Ordinance.
FINANCE DEPARTMENT
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) 10/24/20183:36 PM Page 3
CITY OF FRESNO
MASTER FEE SCHEDULE
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports* (Applicable at all City owned facilities.546
that comprise the Fresno Convention & Entertainment Center, the
Riverside Municipal and Airways Golf Courses. The Arts, Park,
Entertainment and Sports (APES) ticket surcharge fee is to be
applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket (or attendee) and on each round of golf 1.00
Chukchansi Stadium
Art, Park, Entertainment & Sports Fee Stadium 546
1.55
effective
4/1/2019
12/01/08 to 11/30/2013 1.00
12/01/2013 to 11/30/2031 1.50
Concert Fees 488
Stadium Rental 4,000
Field Usage Fee 1,500
Rental Deposit 2,000
(Applied toward rental or cancellation fee.)
Stage Rental 1,200
Event Services 300
Box Office (per day)350
Post Event Cleaning Deposit 2,500
(Up to 70% refundable based upon condition of the facility
after completion of the rental agreement.)
Reservation Cancellation Fee
30 days or more before event 1,000
Less than 30 days before event 50% of stadium
rental fee
Multi-Concert Fees 488
Stadium Rental 2,500
Field Usage Fee 1,500
Rental Deposit 1,500
(Applied toward rental or cancellation fee.)
Stage Rental 600
Event Services 300
Box Office 350
Post Event Cleaning Deposit 2,500
(Up to 70% refundable based upon condition of the facility
after completion of the rental agreement.)
Reservation Cancellation Fee
30 days or more before event 750
Less than 30 days before event 50% of stadium
(This fee is applicable to Chukchansi Park only. Ticket surcharge fee
is to be applied to all tickets sold for attendance to all event types)
GENERAL GOVERNMENT FEES
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) 10/24/20183:36 PM Page 4
CITY OF FRESNO
MASTER FEE SCHEDULE
Fee Description & Unit/Time Current Proposed Amnd
Special Event Fees (Other than Concerts)488
Stadium Rental 2,000-7,500
(based on type of event)*
Field Usage Fee 1,500-3,500
(based on type of event)*
Rental Deposit 2,000
(Applied toward rental or cancellation fee.)
Stage Rental 1,200
Event Services 300
Box Office per day 350
Post Event Cleaning Deposit 2,500
(Up to 70% refundable based upon condition of the facility
after completion of the rental agreement.)
Reservation Cancellation Fee
30 days or more before event 1,000
Less than 30 days before event 50% of stadium
rental fee
Stadium Special Event Parking New 7.00 546
Luxury Suite Fees 510
Rental 450
Deposit 225
(Applied toward rental or cancellation fee.)
Reservation Cancellation Fee
30 days or more before event 125
Less than 30 days before event 225
CRU Club Fees 510
Rental 600
Deposit 300
(Applied toward rental or cancellation fee.)
Reservation Cancellation Fee
30 days or more before event 200
Less than 30 days before event 300
Tecate Cantina Fees 488
Rental 500
Deposit 250
(Applied toward rental or cancellation fee.)
Reservation Cancellation Fee
30 days or more before event 125
Less than 30 days before event 250
* Rental fees for Special Events will be based on the type of event being held with consideration for
attendance , costs for utilities and security consistent with individual agreements.
GENERAL GOVERNMENT FEES
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) 10/24/20183:36 PM Page 5
CITY OF FRESNO
MASTER FEE SCHEDULE
Fee Description & Unit/Time Current Proposed Amnd
Budget 393
Annual Budget, City of Fresno 43.00
Capital Improvement Plan, City of Fresno 43.00
Budget Management Guide 120.00
Budget in Brief, City of Fresno 7.00
Candidate Filing Fee
Councilmember*
Filing for Candidacy 300.00
Mayor*
Filing for Candidacy 500.00
* Proportionate share of Council election costs, not to exceed scheduled amounts or timely
submission of petitions with requisite number of signatures of qualified voters.
Charter, City of Fresno 489
Picked up .05/per page
Mailed .05/per page
+actual cost
of postage
Checks Returned Unpaid
Returned check (including electronic payments)25.00 539
Check Stop Payment Fee
Per check 10.00
City Hall Rental (hourly rates)
Council Chamber (two hour minimum)75.00 55.00 546
CH1-1002 First Floor Lobby (two hour minimum)50.00 55.00 Effective
CH2-2002 Second Floor Lobby 50.00 65.00 Upon
CH3-3002 Third Floor Lobby 40.00 35.00 Adoption
CH1-1000 Front Plaza - (Without Restrooms) (two hour minimum)35.00 80.00
CH1-1000 Front Plaza - (With First Floor Resetrooms)(two hour min.)50.00 85.00
CH-1000 Fountain 20.00 35.00
CH2N-2165 Meeting Room A 35.00 15.00
Meeting Room B 30.00 Delete
CH2S-2120 Meeting Room C 35.00 9.00
Meeting Room D 30.00 Delete
CH2S-2060 New 5.00
CH2S-2125 New 5.00
CH2N-2157 New 5.00
CH2S-2160 New 5.00
CH3-3054 New 5.00
CH4-4017 New 10.00
CH4-4002 Fourth Floor Lobby New 35.00
Processing Fee - Non Refundable 30.00 480
per event
GENERAL GOVERNMENT FEES
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) 10/24/20183:36 PM Page 6
CITY OF FRESNO
MASTER FEE SCHEDULE
Fee Description & Unit/Time Current Proposed Amnd
City Hall Rental - Additional Services (hourly rates)546
Custodian 15.50 30.00 Effective
Security Guard 18.50 32.70 Upon
After Hours City Hall Access (per hour)New 79.50 Adoption
Electrician 69.00
Building Maintenance 57.00 Delete
Property Maintenance Worker 58.00 52.00
Public Announcement (PA) System, Portable
Hourly 75.00 115.00
Saturday (hourly)112.50 165.00
Sundays or Holidays (hourly)150.00 215.00
Multimedia - Presentation System
Hourly 72.00 105.00
Saturday (hourly)108.00 149.00
Sundays or Holidays (hourly)144.00 193.00
City Council Material
Agenda, mailed
Quarter 20.00
Year 70.00
Minutes, mailed
Year 85.00
Comprehensive Annual Financial Report (CAFR)14.00
Consolidated Annual Performance and Evaluation
Report (CAPER)34.00
Consolidated Plan 34.00
Dog License 490
License fee / per dog:ANNUAL 3-YEAR 5/1/2010
Dog 4 months or older 50.00 135.00
Spayed or neutered dog 12.00 30.00
Animal Control Officers Services
per hour plus currently published IRS standard milage rate 28.50
Administrative Hearing Fee 50.00
Concurrent license -0-
GENERAL GOVERNMENT FEES
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) 10/24/20183:36 PM Page 7
CITY OF FRESNO
MASTER FEE SCHEDULE
RIVERSIDE MUNICIPAL GOLF COURSE - GREEN FEES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports* (Applicable at all City owned facilities.546
that comprise the Fresno Convention & Entertainment Center, the
Riverside Municipal and Airways Golf Courses. The Arts, Park,
Entertainment and Sports (APES) ticket surcharge fee is to be
applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket (or attendee) and on each round of golf 1.00
Weekdays 24.00 25.00 546
after 2 p.m. (PST) / after 3pm (PDST)19.00 20.00 Effective
1/1/2019
Weekends/Holidays (as identified in FMC 3-116)30.00 32.00 546
after 2 p.m. (PST) / after 3pm (PDST)21.00 23.00 Effective
1/1/2019
Tournaments 34.25 37.25 546
Effective
1/1/2019
Seniors (62 and over)16.50 17.25 546
Effective
1/1/2019
Juniors (18 and under)12.00 539
Effective
1/1/2018
Junior Golf Team 5.00 539
Effective
1/1/2018
Monthly Cards (restricted to the individual named)546
Seniors (Unlimited)*45.00 Effective
Surcharge / per round +6.00 +7.00 1/1/2019
Juniors (Unlimited )*42.25
Surcharge / per round +3.75
Note: Fee adjustments contained in MFS Amendment #528 (November, 2016) effective January 1, 2017.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) (10/24/20183:36 PM)Page 8
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL RECREATION FEES
Fee Description & Unit/Time Current Proposed Amnd
All Swim Pools 510
Adult, age 18 and over 2.00
Youth, age 0 to 17 1.00 510
Children, age 0 to 5 (must be accompanied by an adult)-0-
Special Pool Rentals *510
Private Groups (per hour, 2- hour minimum):
1 to 50 (2 lifeguards)75.00
51 to 100 (3 lifeguards)110.00
101 to 150 (4 lifeguards)145.00
151 to 200 (5 lifeguards)180.00
201 to 250 (6 lifeguards)215.00
251 -300 (7 lifeguards)250.00 510
A processing fee of $25 will be assessed for failure to notify
the department of a cancellation within 48 hours of the event.
Event Staff / per hour 13.50 Delete 546
Swimming Instruction 510
All Swim Pools
One session - Ages 3 and up 50.00 528
Individuals meeting low-income guidelines as 32.00
established by PG&E’s FERA program
Water Exercise
Age 3 and up / per day 1.00
Instructional Classes 546
CPR Lifeguard/CPR/FA/PR 40.00 200.00 Effective
First Aid Lifeguard/CPR/FA/PR Re-Certification 30.00 125.00 1/1/2019
Community Sports Teams 456
Fees are established by the Parks, Recreation and
Community Services Director and may be prorated
for a partial season and/or services provided.
Baseball / per Team/League 500.00 - 1,250.00
Indoor Soccer / per Team/League 380.00
Outdoor Soccer / per Team/League 585.00
Volleyball / per Team/League 200.00
Basketball / per Team/League 375.00 510
Fast Pitch Softball / per Team/League 460.00
Slow Pitch Softball / per Team/League 350.00 480
Co-ed Softball / per Team/League 350.00 480
Flag Football / per Team/League 405.00
In-line Hockey / per Team/League 250.00
Tournaments / per Team/League 125.00 - 300.00
* Insurance must be purchased from City carrier.
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) (10/24/20183:36 PM)Page 9
CITY OF FRESNO
MASTER FEE SCHEDULE
MEMORIAL AUDITORIUM RENTAL RATES
Fee Description & Unit/Time Current Proposed Amnd
Art, Park, Entertainment & Sports* (Applicable at all City owned facilities.
that comprise the Fresno Convention & Entertainment Center, the
Riverside Municipal and Airways Golf Courses. The Arts, Park,
Entertainment and Sports (APES) ticket surcharge fee is to be
applied to all tickets sold for attendance to all event types and on
each round of golf, irrespective of the ticket selling party,
irrespective of ticket price. The City reserves the right to waive the
surcharge upon City Manager approval).
Per ticket or attendee and on each round of golf 0.75 1.00 546
Effective
Upon
Adoption
Memorial Auditorium Theater Rental *521
Per day 250.00
Reservation Deposit **464
Up to 3 dates 100.00 effective
4-7 dates 200.00 4/1/2008
8 or more dates 300.00
PARKS, RECREATION, & COMMUNITY SERVICES DEPARTMENT
** 20% of deposit will be withheld for cancellations occurring more than 30 days before the reservation date.
Cancellations received less than 30 days prior to reservation will result in loss of deposit. Deposit will be up to 80%
refundable depending on the condiiton of the facility after completion of the rental agreement.
*All organizations will be required to hire a stagehand(s) from stagehand union Local 158 to operate lighting & sound
systems, and will pay the union directly. Minimum call for stagehand (s) is 4 hours.
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) (10/24/20183:36 PM)Page 10
CITY OF FRESNO
MASTER FEE SCHEDULE
CODE ENFORCEMENT FEES
Fee Description & Unit/Time Current Proposed Amnd
Code Violation Appeal Fee 409
Single Family Residential up to two units 35.00
Multi-Residential with three or more units 55.00
Commercial Apartment Complexes and Commercial Business 75.00
Code Citation Penalties - General*528
1st citation for non-compliance of code violations up to or 250.00 Effective
maximum 11/8/2016
2nd citation for non-compliance of code violations up to or 500.00
maximum
3rd citation for non-compliance of code violations up to or 1,000.00
maximum
Code Citation Penalties - Health and Safety*
1st citation for non-compliance of code violations up to or 800.00 528
maximum Effective
2nd citation for non-compliance of code violations up to or 1,200.00 11/8/2016
maximum
3rd citation for non-compliance if code violations up to or 1,600.00
maximum
Collection Agency Recovery Fee**27%528
Effective 1/1/2017
Late Payment Charge 409
$1.00 minimum 1.5%
Lien Release Fee
Per lien release - County Filing Fee 60.00 500
Policy of Insurance of Record (PIRT)New 100.00 546
Hotel/Motel Inspection Fee 464
Hour, 1-hour minimum 100.00
Family day care annual inspection 100.00 464
Hour, 1 hour minimum
*Code Citation Penalties may be issued by enforcing officers as set forth in, but not limited to, Fresno
Municipal Code Sections I-302 and I-308.
**This Fee is also used by the other departments, including the Fire Department.
PLANNING & DEVELOPMENT FEES
All fees effective 07/01/18 unless otherwise noted
MFS Amendment #539 (November 2017) 10/24/20183:36 PM Page 11
CITY OF FRESNO
MASTER FEE SCHEDULE
CODE ENFORCEMENT FEES
Fee Description & Unit/Time Current Proposed Amnd
Housing Code 464
Inspection/lender requested
Hour, 1 hour minimum 100.00
Housing code enforcement 464
Hour, 1 hour minimum 100.00
Family day care licensing inspection
Hour, 1 hour minimum 100.00
Code compliance inspection 216.00 409
Hourly 1 hour minimum 100.00 464
Failure to acquire a Specific Building Permit 200.00 528
as required by the dated Notice & Order Effective 1/1/2017
Mobilehome Rent Review
Commission Appeal Hearing 200.00
Plus fee per space +16.00
Notice and Order 464
1-2 units, plus 100.00 per each unit over two units 447.00
Public Nuisance Enforcement 464
Hour, 1-hour minimum 100.00
Registration of Vacant Foreclosed Properties (MC 10-620)500
Administrative Citation
1st Violation *1,000.00
2nd Violation within a rolling 12 month period *10,000.00
3rd Violation within a rolling 12 month period *50,000.00
* Plus any abatement, actual, administrative and enforcement
costs and administrative expenses incurred
Rental Housing 546
Registration Fee 0.00 Effective
Health and Safety Inspection, per unit 100.00 Upon
Pre-Compliance Re-Inspection, per unit New 50.00 Adoption
Compliance Re-Inspection, per unit New 100.00
Shopping Cart Containment Plan Review Fee 445
Annual Business Plan Review 50.00
Sign Storage Fee 415
0 to 4 square feet / per sign 5.00
4 to 16 square feet / per sign 20.00
Over 16 square feet / per sign 50.00
Solid Waste Recyclers Certification Process 1,000.00
PLANNING & DEVELOPMENT FEES
All fees effective 07/01/18 unless otherwise noted
MFS Amendment #539 (November 2017) 10/24/20183:36 PM Page 12
CITY OF FRESNO
MASTER FEE SCHEDULE
LAND USE AND ZONING
Fee Description & Unit/Time Current Proposed Amnd
Environmental Assessment Fee - continued (all private and non-entitlement public projects)511
NOTE: Environmental Assessment fees
shown with asterisks (*) will be reduced by 50 percent
for the inner-City areas.
Application/Filing Fees (on Fining of Conformity,
Mitigating Negative Declaration)
City filing fee/application + filing fees 55.00 511
County lerk filing fee/application + filing fees.50.00 464
Fire Department Review Private Project / per application 247.00
Police Department Review/per application (exclude senior 210.00 409
citizen functions)
Traffic Engineering Review Private Project / per application 91.00SS
Traffic Engineering Review Tentative Parcel and Tract Maps
Per application 91.00SS
Fish and Game Filing Fee (for applicable projects)2,216.25 528
Payable to: County of Fresno (to be remitted to the Current fee as Effective 1/1/2017
State of California)reflected on the
California Department of
Fish and Wildlife Website.
Environmental Impact Report (EIR)511
Analysis of EIR for private projects and non entitlement public projects
NOTE: All EIRs are billed based on total Staff Time & Materials
with a base deposit required as listed.*
Focus - minimum deposit 59,147.00
Program - minimum deposit 86,948.00
City filing fee 55.00
County Clerk filing fee 50.00 464
Fish and Game Filing fee for EIRs 3,078.25 528
Payable to: County of Fresno (to be remitted to the Current fee as Effective 1/1/2017
State of California)reflected on the
California Department of
Fish and Wildlife Website.
*Hourly rate of each employee (includes fringe and overhead) or consultant; plus actual extraordinary expenses.
PLANNING & DEVELOPMENT FEES
All fees effective 07/01/18 unless otherwise noted
MFS Amendment #539 (November 2017) 10/24/20183:36 PM Page 13
CITY OF FRESNO
MASTER FEE SCHEDULE
GENERAL FEES
Fee Description & Unit/Time Current Proposed Amnd
Graffiti Abatement/Vacant Boarded Buildings 464
Fees based on actual cost 239.00
Miscellaneous Permit Application Review 401
Includes, but is not limited to: Amusement devices; 328.00/each
dance permits; hotel/rooming house permits; billiard
parlor permits; special events permits; bingo permits;
etc.
Detective Review of Miscellaneous Permits 204.00/each
Monthly Statistical Report 4.00
Parade Route Policing
Dowtown New 5,456.00 546
Fulton Route New 5,703.00 Effective
Olive/Hedges Loop New 3,913.00 Upon
O Street Route New 3,913.00 Adoption
Olive Route New 2,232.00
City Hall Loop New 2,673.00
China Town Route New 2,094.00
Mariposa Route New 1,819.00
Photographs 401
3 ½ x 5 print - color 5.00
4 x 5 print - black and white 2.50
8 x 10 print - color 7.00
8 x 10 print - black and white 2.50
Mug shot - color 3.00
Compact Disc Copy 16.00
Police Bomb Team 393
Explosive handling and detonation
Minimum per disposal 345.00
Response Fee 816.00
Police Facilities Impact Fee - Citywide *Option II 529
Single Family Resident / per unit 602.00 Effective
Multi-Family Resident / per unit 454.00 2/6/2017
Office / fee per 1,000 sq. ft. of Building 610.00
Retaill / fee per 1,000 sq. ft. of Building 641.00
Industrial / fee per 1,000 sq. ft. of Building 305.00
* Fees applicable to all maps accepted for filing after August 30, 2005 and all developments
after November 27, 2005.
POLICE DEPARTMENT
^Adjusted on July 1 annually, beginning July 1, 2018, based on the 20-City Construction Cost Index as reported in
the Engineering News Record for the 12-month period ending in May of the year of adjustment.
All fees effective 07/01/18 unless otherwise noted
MFS Amendment #539 (November 2018) [10/24/20183:37 PM]Page 14
CITY OF FRESNO
MASTER FEE SCHEDULE
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Penalties (continued)
Fire hydrant damage repair fee
Excavation not required 503.00 614.00 546
Excavation required 100%500
Delinquent notice
Sewer connection, deferred payment plan, 60 days 2.00 +
delinquent accumulated
interest &
principal
installment
Returning travel meter after permit expiration date per day 10.00
Conditions of service work (related to Water Conservation,
FMC 6-520(e)
First incident Notice only 544
Second incident (Maximum amount)50.00 Effective
Third incident (Maximum amount)100.00 Upon
Fourth incident (Maximum amount)200.00 Adoption
Each incident after four throughout calendar year 200.00
(Maximum amount)
Illegal connection / per violation 45.00
(See Service Work for disconnection, damage, and
reinstallation of service after first incident.)
Delinquent Payment 499
Utility billings / per billing for water, sewer, sanitation,
and/or solid waste service
if unpaid balance > $10.00 2%
Notification to discontinue services for non-payment of utility
charges:
Customers / per notification 8.00
Customers with tenants / per tenant notified at a single 2.00
billing address
Minimum 8.00
Research project fees / per hour 45.00
Discontinuance of service for non-payment and restoration of
service after payment
Per Discontinuance / Restoration 15.00
NOTE:The above fees are administered by the Utilities, Billing, and
Collection Section of the Department of Public Utilities.
PUBLIC UTILITIES DEPARTMENT
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20183:37 PM]Page 15
CITY OF FRESNO
MASTER FEE SCHEDULE
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Service Work (related to remedy of illegal water connection)546
Blind washer installation / per service 123.00 128.00
Blind washer removal / per service 123.00 128.00
Service Disconnection / per service 279.00 288.00
Service Restoration / per service 677.00 683.00
Padlock on curb stop / per installation 10.00
Intentional Damage to Meter/Meter Box/Angle Meter Stop/Curb Stop/
Automatic Meter Reading Equiptment (Cost & Overhead)100%525
After-hours turn on service work:546
Water, Discontinuance & Restoration of service (except 228.00 236.00
emergency) per call
Water, Temporary Service*456
Residential (non-metered)
Each 24 hours 25.00
Each additional day +Daily Rate (prorated
based on bimonthly rate)
Single Family Residential (metered)See Water Metered 487
Service Rates Effective
3/1/2010
Fire hydrant permit 25.00
Fire hydrant wrench deposit 90.00
3-inch Fire Hydrant Meter Deposit 820.00 1,230.00 546
Testing and Cleaning Fee 125.00 130.00 546
*This fee to sunset as of January 1, 2013 for customers on a metered rate
** Rates shall be adjusted annually by staff to reflect the rates in effect as per
Res. No. 2015-36 .
PUBLIC UTILITIES DEPARTMENT
Deposits required shall be refunded upon the return of all equipment. Deductions shall be made for water
service charges due and the cost of repair or replacement of damaged equipment. Any additional
replacement costs will be billed to the customer. See Water Metered Service Rate section for the quantity
and water meter service charges (3-inch Domestic Service).
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20183:37 PM]Page 16
CITY OF FRESNO
MASTER FEE SCHEDULE
WATER RATES**
Fee Description & Unit/Time Current Proposed Amnd
Well Drilling Permit and Inspection 525
Water Supply Well Permit / each 243.00
Water Supply Well Inspection / each 267.00
Monitoring Well Permit / each 243.00
Monitoring Well Inspection / each 267.00
Well Destruction & Abandonment 525
(Water Supply/Monitoring Wells / each)
Well Abandonment Permit 243.00
Well Abandonment Inspection 67.00
Well Destruction Permit 243.00
Well Destruction Inspection 267.00
Underground Utility Remark Fee (per call back)160.00 164.00 546
Sale of Surplus Dirt 456
City load / per yard of dirt 5.00
Customer pick-up / per yard of dirt 1.20
WATER CONNECTION CHARGES (FMC 6-507)
Fee Description & Unit/Time Current Amnd
Deferment of Payment applicable to existing See FMC Sctn 6-305 (c)
single-family residences
Same basis and fees as sewer connection charges.
Frontage Charge
Front foot or fraction 6.50
Installation Charges 464
Meter & Service Installation (when installed together)
1-inch 2,241.00
1-1/2-inch 2,508.00
2-inch 2,671.00
Minimum residential service connections:489
Lots less than 20,000 square feet (1-inch)
Lots 20,000 square feet or greater (1-1/2-inch)
Meter Installation (when installed on existing services)415
1-inch 330.00
1-1/2-inch 455.00
2-inch 530.00
Larger than 2-inch (FMC 6-507(a)(3)
Cost plus overhead 100%
PUBLIC UTILITIES DEPARTMENT
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20183:37 PM]Page 17
CITY OF FRESNO
MASTER FEE SCHEDULE
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Proposed Amnd
Inspection, Subdivision 409
$0 to $10,000
Final cost estimate 11.52%
Minimum 600.00
$10,000 to $500,000 4,836.00
Over $10,000 Final cost estimate +3.25%
Over $500,000 20,793.00
Final cost estimate +4.1%
Extension of time for final inspection
Inspection fee 11%
Minimum 562.00
Inspection, Street Work 456
Permit - Minimum 175.00
Street Work Permit Processing Fee / per permit 20.00 Delete 546
Permit Processing Fee - Level 1 (Application does not include New 65.00 546
associated drawings or plans)
Permit processing Fee - Level 2 (Applications including associated New 140.00 546
drawings or plans, documents required for submittal, verification
of insurance approval, verification of fees, verification of off-site
right-of-way dedications, public utility and pedestrian easments, etc.)
Surcharge for not obtaining a permitViolation for working within City
right-of-way without a street work permit
Each occurrence Twice 1,000.00 546
the amount of permit
or $500.00
whichever is greater
Alley, paved / per square foot 0.12
Backfill, trench
First 100 linear feet 145.00
Each additional 100 linear feet 43.50
Curbs and gutters / per linear foot 0.85
Driveway approaches (measured at curb lines) / per linear foot 3.43
Gutters, valley / per linear foot 2.61
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 18
CITY OF FRESNO
MASTER FEE SCHEDULE
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Proposed Amnd
Official Plan Line - continued
Private Engineer
Minimum deposit 1,000.00
Plan Review 546
Traffic Control
In Office Review (each request)87.00 Delete
Field Inspection (each request) 298.00 Delete
Meeting , complex analysis (each request)
Level 1 (each request) - Includes minor traffic control plans New 80.00
limited to sidewalk and/or shoulder closures.
Level 2 (each request) - Includes minor traffic control plans New 215.00
including lane closures, lane shifts, residential/local street
closures, or flagging operations.
Level 3 (each request) - Includes any major street New 575.00
(classified street) closures and plans that include four (4)
or more phases and/or contain multiple sheets for each phase.
Violation for failure to obtain approval of traffic control plan (per day)546
First violation New Written
Warning
Each violation thereafter New 1,000.00
Violation of requirements of approved traffic control plan (per day)546
First violation New Written
Warning
Each violation thereafter **New 500.00
Violation for working without approved traffic control plan 546
on-site (per day)
First violation New Written
Warning
Each violation thereafter New 100.00
Streetlight
First 30 lights 263.00
Each 10-light increment 31.00
*Due on submittal; unused portion refundable upon termination.
**Fee may be waived by the Public Works Director.
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 19
CITY OF FRESNO
MASTER FEE SCHEDULE
ENGINEERING, INSPECTION, AND STREET WORK
Fee Description & Unit/Time Current Proposed Amnd
Plan Review - continued
Public Improvement Plan Check 456
$0 to $50,000 4.5% or $500
Final cost estimate whichever is
more
$50,000 to $250,000 2,250.00
Final cost estimate over $50,000 +2%*
Over $250,000 6,250.00
Final cost estimate over $250,000 +1.8%*
Street Work Inspection -- Public Utilities 546
For work items not listed, the fee shall be for similar work or as
determined by the City Construction Engineer. Subdivision utilities
shall be exempt except for utilities installed in paved areas or
streets.
Utility Permit Processing Fee (per permit)20.00 Delete
Permit Processing Fee - Level 2 (Applications including New 140.00
associated drawings or plans, documents required for
submittal, verification of insurance approval,
verification of fees, verification of off-site right-of-way dedications,
public utility and pedestrian easments, etc.)
New 546
work permit
Each Occurance 1,000.00
Minimum:
Minor street project / per location 60.00
Major Street project / per permit 135.00
Structures (vaults, manholes, etc.) / per structure 75.00
Trench backfill:409
Less than 100 linear feet 100.00
Over 100 linear feet 100.00
Each additional 100 linear feet or fraction +30.00
Trench backfill and paving (A/C or PC concrete)
Less than 100 linear feet 175.00
Over 100 linear feet 175.00
PUBLIC WORKS DEPARTMENT
Violation for working within City right-of-way without a street
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 20
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Street Work Inspection -- Public Utilities - continued
Each additional 100 linear feet or fraction +55.00
Rocksaw (includes backfill and paving)
100 linear feet or fraction 63.00
Television Inspection/Sewer
Viewing, Color
Per linear foot 0.85
Standby, Color
15-minute period or fraction 35.00
Traffic Signal Flash Request Fee 287.16 539
Urban Growth Management (UGM) Fees See Development
Department–UGM Fees
Vacation -- Public street, alley, easement, and other public 456
rights-of-way
Application/feasibility study / per application 450.00
Processing and legal noticing / per application 1,555.00
Agreement / each 310.00
Fire Department surcharge / per application 23.00
Verification of facilities, existing zoning, flood prone areas, and 205.00
similar development and record inquiries re-submission / per
response
Parking, City of Fresno Employees
All lots / per month 15.00
Replacement permit / per replacement 10.00
Official vehicle permit / per month 20.00
Parking, DMV Hold Administrative Fee
Per violation 5.00
Parking Late Payment Penalties 546
Overtime Parking Penalty / per violation 2 times penalty Equal to Penalty
Restricted Zone Penalty / per violation 2 times penalty Equal to Penalty
Parking, Administrative penalties / per violation 33.00
Parking Penalties - Disabled or Handicapped / per violation 33.00
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 21
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Off Street Parking Permits*546
Mall Specific and Non-Mall Specific Areas, Permits Parking
Rates in Garages and Lots
Permit Hours based on Option Selected and Fees Paid.
All Permits will be assigned a specific Garage or Lot, dependent
on location selected and Plan.
6 am to 6pm, Mon-Fri
Uncovered spaces per month 75.00 500
Covered spaces per month 90.00 500
Annual Purchase Delete 546
Each option listed above can be reduced by purchasing
these permits at the annual rate, with annual prepayment
required. Purchase is equal to payment for 10 months
parking, with 12 month received.
Bulk Annual Purchase^
Monthly parking contracts purchased in bulk 62.00 531
(50 stall or more)
will be at a flat fee per month per stall
Failure to pay overtime parking fee within 15 days
Per incident 5.00
Failure to purchase repeat monthly parking permit within first 5 10.00
working days of month / per incident
Parking without a permit in posted areas / per day 9.00 Delete 546
Replacement Permit / per incident 10.00 480
Santa Fe Lot `Delete 546
Monthly permit, per vehicle 35.00
^Effective July 1, 2018, staff shall administratively update the parking fees adjusted by this rResolution 2017-16
annually to reflect the twelve month percentage change in the U. S. Bureau of Labor Statistics Consumer Price Index
(CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-San Jose Area), for the most
current month that data is available, or 3% whichever is less.
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 22
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Mall Specific and Non-Mall Specific Areas, 546
Short term Daily Rates in Garages and Lots - Non-Event Days
(Other than garages 4, 7, and 9 Garage 8 and Surface Lots)
First hour 0-60 minutes 3.00
Each additional hour
0-60 minutes 1.00
Maximum per day 9.00
9.00
Validation Tickets
Bulk purchase only by business owners with valid business
license issued by the City of Fresno Registered Businesses
w/Business Tax ID, or Governmental Agencies
First hour/per ticket 1.50 480
Any other hour/per ticket 0.50 546
per ticket
Short Term Daily Rates-Garages 4, 7, and 9 (Non-Event Days)546
in Garages and Lots - Non-Event Days
(Convention Center, Garages 4, 7, and 9)
First house 0-60 minutes Free
Each additional hour
0-60 minutes 1.00
Maximum per day 9.00
9.00
Validation Tickets
Bulk purchase only by business owners with valid business
license issued by the City of Fresno Registered Businesses
w/Business Tax ID, or Governmental Agencies
First hour per/ticket 1.50 Delete
Any other hour / pPer ticket 0.50
Per ticket
Event Parking 546
Weekday 1/2 day event parking voucher 3.00 Delete
0-4 hours, 100 minimum 600 maximum
Weekday full day event parking voucher for vehicles exiting 5.00
before 6pm
4 - 8 hours, minimum 100 maximum 600
Special Event Rate*7.00
* Excludes Grizzlies Games
Loss of Parking Ticket / per incident Exit without permit /
ticket
Loss of Parking Ticket / per incident Exit without permit /
ticket
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 23
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Parking Meter Hood Rental Closure 546
Deposit / per application 52.00 Delete
Rental Per meter / per day
Day 5.00
Lost or damaged hoods, keys, or locks
Cost of repair or replacement 100%Delete
Administrative Application Fee 25.00
Parking, Administrative Penalties 546
Immobilization boot removal fee 100.00 Delete
Semi-truck parked on public right of way 250.00
in excess of time allowed
Parked in a Bike Lane (CVC 21211 (A))43.00 100.00
Parked in Bicycle path (MC 14-1015 (A))43.00 100.00
Parked in Bicycle Zone (MC 14-1015 (A))43.00 100.00
Parked in Crosswalk (CVC 22500 (B))43.00 100.00
Parked on Sidewalk (CVC 22500 (F))43.00 100.00
Parked in Intersection (CVC 22500 (A))43.00 100.00
Parked <15 ft of Fire Hydrant (CVC 22514)58.00 100.00
Parked in Divisional Island (MC 14-4005 (A))58.00 100.00
Parked Causing Traffic Hazard (CVC 22505)58.00 100.00
Parked in Front of Driveway (MC 14-4005 (A))58.00 100.00
Vehicle Parked in Transit Bus Zone (CVC 22500 (I))258.00 500.00
Parking, Miscellaneous Penalties * **546
Use of street for storage of vehicles / per violation 108.00
Parking on Mall without permit / per violation 40.00 Delete
Commercial vehicle parking on residential streets; 108.00
vehicle parking overnight / per violation
Failure to display Disabled Persons Placard/per violation 18.00 Maximum
per CVC
40226
No current vehicle registration 83.00
No vehicle license plate 40.00 Delete
Parked in Fire Lane 111.00
Vehicle Inoperability/Immobilized 108.00
Parking, Overtime Penalties* **496
24 minute parking / per violation 33.00
1 hour parking / per violation 33.00
2 hour parking / per violation 33.00
Parking overtime, meter zone / per violation 33.00
*That $3.00 increase per SB 857 will expire on July 1, 2013.
**Includes the following mandated items: $3.00 County Court Construction, $1.50 County Jail Construction, and $3.00
Immediate and Critical Needs Construction Fund, $2.00 State General Fund and $3.00 Trial Court Trust Fund.
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 24
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Parking Penalties - Disabled or Handicapped* **546
Parking in handicapped crosshatch zone (CVC 22507.8) / per 303.00 350.00
violation
Parking in handicapped zone (CVC 22507.8) / per violation 303.00 350.00
Parking in spaces for the disabled (CVC 22507.8) / per violation 303.00 350.00
Misuse of disabled placard (CVC 4461) / per violation New 500.00
Parking, Restricted Zone Penalties* **546
Parked on Public Grounds 43.00
Parked in a Bike Lane 43.00 Move
Parked with Intersection 43.00 Move
Parked in Crosswalk 43.00 Move
Parked in Driveway 43.00 Delete
Parked on Sidewalk 43.00 Move
Obstruction of Roadway 43.00 Delete
Parked Double 43.00 Delete
Not Parked within 18 Inch of Curb 43.00
Parked on Street Wrong Direction 43.00
Parked in the Roadway 43.00 Delete
Parked making Traffic Hazard 43.00 Delete
Vehicle Parked unattended Motor Running 43.00
Obstructing Traffic Flow 43.00 Delete
Parked immobilized vehicle (MC 14-1006 (C))43.00
Parked in Alley 43.00
Parked in Alley not Rt Side 43.00
Block Alley Leaving < 10 ft 43.00
Parked on City Owned Lot/No Permit 43.00
Parked in Bicycle Path 43.00 Move
Parked in Bicycle Zone 43.00 Move
No park within 18 inch to curb 43.00 Delete
Parallel Parked Divided Hwy 43.00
Parallel Parking < 18 in to curb 43.00 Delete
Not Parked within Marked Space 43.00
No Parking at Painted Curb 43.00 Delete
Parked at Postal Mailing Curb 43.00
*The $3.00 increase per SB 857 will expire on July 1, 2013.
**
PUBLIC WORKS DEPARTMENT
Includes the following mandated items: $3.00 County Court Construction, $1.50 County Jail Construction, and $3.00
Immediate and Critical Needs Construction Fund, $2.00 State General Fund and $3.00 Trial Court Trust Fund.
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 25
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Amnd
Parking, Restricted Zone Penalties* ** - continued 546
Taxi Cab not Parked in Taxi Zone 43.00
Parked in Official Car Zone 43.00
Parked in Taxi Zone 43.00
Non-Commercial Vehicle in Yellow Zone 43.00 Delete
Parked in Yellow Zone 43.00
Parked in Passenger Zone 43.00
Not Parked within Marked Stall 43.00 Delete
Parked on Private Property 43.00
Vehicle Parked in Transit Bus Zone 258.00 Move
Vehicle Parked in Restricted Area 43.00
Parked in Restricted Zone 43.00
Parked in No Marked Space 43.00 Delete
Parked in Taxi Zone 43.00 Delete
Unattended Taxi > 3 minutes 43.00
Parked < 15 ft of Fire Hydrant 58.00 Move
No Stopping/Tow Away Zone 58.00
Parked in Divisional Island 58.00 Move
Posted or Painted No Parking 58.00
Parked Causing Traffic Hazard 58.00 Move
Parked Street Under Repair 58.00
Parked in Front of Driveway 58.00 Move
Parked on Mall no Mall Permit 58.00 Delete
Wrong Way Parked Street or Alley 58.00
Parking, Special Signing Fee
One-time for each reserved space / per space 15.00 Delete
*The $3.00 increase per SB 857 will expire on July 1, 2013.
**
PUBLIC WORKS DEPARTMENT
Includes the following mandated items: $3.00 County Court Construction, $1.50 County Jail Construction, and $3.00
Immediate and Critical Needs Construction Fund, $2.00 State General Fund and $3.00 Trial Court Trust Fund.
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 26
CITY OF FRESNO
MASTER FEE SCHEDULE
PARKING FEES
Fee Description & Unit/Time Current Proposed Amnd
Parking, Downtown 546
On/off street meters
30 minutes 0.50 to 0.75 Delete
1 hour 1.00 to 1.50 Delete
2 hours 2.00 to 3.00 Delete
10-hour Meter per hour 1.00 to 1.50
Meter Occupancy Permit, per month^154.00 531
Effective
30 days
following
adoption
Parking meter SmartCard, per card 3.00 518
Permit parking ("G," "E," and "F" Street lots)546
See rates under Parking Permits
Monthly per vehicle
Annually per vehicle 83.00 Delete
Downtown Corridor Parking District Permit 80.00 546
(Arts, Fulton, Historic Districts per MC 14-2017)
Period 10/1 through 9/30
maximum one permit per eligible property
Residential Permit (non-refundable)
Period 10/1 through 9/30
First residential vehicle per homeowner/resident
Annually per permit -0-Free 546
Additional vehicles
Annually per permit 19.00
Temporary Parking Discounts
Subject to prior approval by the Department Director and subject to limit of six months or less,
special parking rates in Parking Maintenance District No. 1 may be allowed, if it is in the best
interest of the City.
*The $3.00 increase per SB 857 will expire on July 1, 2013.
**
^Effective July 1, 2018, Staff shall administratively update the parking fees adjusted by this rResolution
2017-16 annually to reflect the twelve month percentage change in the U. S. Bureau of Labor Statistics
Consumer Price Index (CPI) (Urban Wage Earners and Clerical Workers for the San Francisco-Oakland-
San Jose Area), for the most current month that data is available, or 3% whichever is less.
Includes the following mandated items: $3.00 County Court Construction, $1.50 County Jail Construction,
and $3.00 Immediate and Critical Needs Construction Fund, $2.00 State General Fund and $3.00 Trial
Court Trust Fund.
PUBLIC WORKS DEPARTMENT
All fees effective 07/01/2019 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20184:58 PM Page 27
CITY OF FRESNO
MASTER FEE SCHEDULE
FRESNO AREA EXPRESS
Fee Description & Unit/Time Current Proposed Amnd
Fresno Area Express (FAX)
Fixed route service fares:497
Base cash fare - one way*1.25
Reduced Cash Fare - One way*0.60 528
Seniors (65 years or older) with valid ID
People with disabilities with valid ID
Medicare card holders
Promotional Fare 1.00 538
Effective
upon adoption
1 Ride Card*1.25 528
1 Ride Card (Reduced Fare)*0.60 528
10 Ride Card*11.25 528
10 Ride Card (Reduced Fare)*6.00 528
Bulk Purchase
20 Single Ride Prepaid Cards*New 22.50 546
20 Single Ride Prepaid Cards (Reduced Fare)*New 12.00 546
50 Single Ride Prepaid Cards*New 55.00 546
50 Single Ride Prepaid Cards* (Reduced Fare)*New 29.00 546
31-Day Pass 48.00 528
Unlimited rides on FAX and Clovis Transit
31-Day Reduced Fare Pass (unlimited rides on FAX)24.00 528
Seniors (65 years or older) with valid ID
People with disabilities with valid ID
Medicare card holders
Group Fee Per Round Trip 25.00 528
25 people up to a maximum of 35 people will be charged
the base cash fare price - one way*
*Cash/Card fares are entitled to one free transfer. Transfers may be used for maximum of two bus
changes and subject to FAX policies and procedures.
TRANSPORTATION FEES
Field trip fee for school groups up to 25 persons between
9 a.m. and 2 p.m. on fixed routes. Groups with more than
All fees effective 07/01/19 unless otherwise noted
MFS Amendment #546 (November 2018) [10/24/20183:38 PM]Page 28
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1345 Agenda Date:11/8/2018 Agenda #:
REPORT TO THE CITY COUNCIL
December 6, 2018
FROM:WILLIAM OVERFELT, General Manager
Fresno Convention & Entertainment Center/SMG
SUBJECT
Approve Sponsorship Agreement with Pepsi Beverages Company to be Exclusive Non-Alcoholic
Beverage Provider for the Fresno Convention & Entertainment Center
RECOMMENDATION
Staff recommends approval of the Sponsorship Agreement,which will provide an annual sponsorship
fee of $20,000 from the year 2018 to 2027,plus a 25 percent commission for vending machines,and
$3.00 rebate per case or gallon sold,in exchange for Pepsi’s designation as exclusive non-alcoholic
beverage provider for the Fresno Convention & Entertainment Center.
EXECUTIVE SUMMARY
The Sponsorship Agreement designates Pepsi as the exclusive non-alcoholic beverage provider for
the Fresno Convention &Entertainment Center and provides for bulk-rate pricing and maintenance of
beverage equipment through December 31,2027.In exchange for this designation,Pepsi will
provide an annual sponsorship fee of $20,000 from the year 2018 to 2027 (or until minimum volume
thresholds are reached),plus a 25 percent commission for vending machines,and a $3.00 rebate per
case or gallon sold. Such commissions and rebates are paid annually.
The commission revenues are estimated at $5,100 per year and the rebates estimated at $11,300
based on 2016 volume.Using these estimates,the total annual funding from this contract will vary,
but could be as much as $36,400 in one year.
BACKGROUND
SMG subcontracts for food and beverage services pursuant to its contract with the City to manage
the Fresno Convention &Entertainment Center.Sponsorship Agreements and major subcontracts
for supplies and services require City approval prior to SMG entering into them.SMG,working with
the Superlative Group,Inc.,prepared a Request for Proposal (RFP)and distributed it to Pepsi,Coca
Cola and Dr.Pepper.Responses to the RFP received from Pepsi and Coca Cola.After review,it
was determined that the proposal from Pepsi was superior and SMG moved forward with negotiating
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was determined that the proposal from Pepsi was superior and SMG moved forward with negotiating
the major terms of the Sponsorship Agreement and brings it now to the Council for City Approval.
Also note that Pepsi has a Pouring Rights agreement with SaveMart Center,however terms of that
agreement are confidential.
The RFP and the responses from Pepsi and Coca Cola are attached to this report.
ENVIRONMENTAL FINDINGS
N/A
LOCAL PREFERENCE
N/A
FISCAL IMPACT
The Sponsorship Agreement will provide $20,000 annually,plus rebates and commissions for
beverage sales.The total fiscal impact will depend upon the number of events held at the Fresno
Convention &Entertainment Center,and the sales of non-alcoholic beverages at these events.All
revenues from this agreement will be used to support and maintain the Convention Center.
Attachment: Pepsi Beverages Company Sponsorship Agreement (Revised 10.11.18)
Request for Proposal - Pouring Rights
RFP Response - Pepsi
RFP Response - Coca Cola
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1308 Agenda Date:11/8/2018 Agenda #:1-G
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:JERRY P. DYER, Chief of Police
Police Department
THROUGH:PATRICK FARMER, Deputy Chief
Police Department - Investigative Services Division
BY:RON HUGHES, Lieutenant
Police Department - MAGEC Commander
SUBJECT
Actions pertaining to the Adult Compliance Team (ACT)
1.Authorize the Chief of Police to enter an agreement with County of Fresno for the
reimbursement of seven Fresno Police Officers, one Police Sergeant and one Crime Analyst
which will be assigned to the Adult Compliance Team (ACT)
2.***RESOLUTION - 18th Amendment to the Annual Appropriation Resolution (AAR) No. 2018-
158 appropriating $246,900 (Requires 5 affirmative votes) (Subject to Mayor’s veto).
RECOMMENDATION
Staff recommends City Council Authorize the Chief of Police to enter an agreement with County of
Fresno for the reimbursement of seven Fresno Police Officers, one Police Sergeant and one Crime
Analyst which will be assigned to the Adult Compliance Team (ACT) and Adopt the 18th Amendment
to the Annual Appropriation Resolution No. 2018-158 appropriating $246,900.
EXECUTIVE SUMMARY
One of the consequences of Assembly Bill 109, the Public Safety Realignment Act of 2011 (AB109),
was the shifting of responsibility for supervising convicted criminals released from state prison
facilities to county probation departments. To accomplish this, funding was allocated from the State
of California to the 58 counties through the Community Corrections Partnership (CCP) Boards
established in each county. The Fresno County CCP established an ACT to ensure that convicted
criminals are closely supervised after release. A Fresno Police Officer has been part of the ACT
Team since its inception in October 2011.
In January 2016, the City of Fresno and the County of Fresno entered into an agreement to continue
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the assignment of the one Fresno police officer to fulfill the responsibilities of the ACT member as set
forth by AB109 through June 2016. In November 2016, the City of Fresno and the County of Fresno
amended the original agreement adding two additional police officers and one sergeant in the ACT
Team. The City of Fresno and the County of Fresno entered into a proposed Third amendment to the
original agreement, which included the addition of four Police Officers and one Crime Analyst which
will be assigned to the M.A.G.E.C. Team.
The City of Fresno and the County of Fresno now desire to enter into an agreement to continue
funding of seven Fresno Police Officers, one Police Sergeant and one Crime Analyst plus equipment
which costs shall not exceed $1,828,200 for Fiscal Year 2018-19, which will continue to be assigned
to the ACT and MAGEC Teams. CCP monies shall be used solely to support ACT / M.A.G.E.C.
operations and personnel needs.
BACKGROUND
A Fresno Police Officer has been a part of the ACT Team since its inception in October 2011. On
June 2, 2016, Council approved the First Amendment to Agreement 16-030, which extends the
provision of one Police Officer for ACT through June 30, 2017.
In November 2016, the City of Fresno and the County of Fresno amended the original agreement
adding two additional police officers and one sergeant in the ACT Team. The City of Fresno and the
County of Fresno now desire to enter into a proposed Third amendment to the original agreement,
which includes the addition of four Police Officers and one Crime Analyst assigned to the M.A.G.E.C.
Team.
The City of Fresno and the County of Fresno entered the Third Amendment to increase the
M.A.G.E.C. Team to include four additional Fresno Police Officers and one Crime Analyst. The Third
Amendment states that the total compensation for the four Police Officers and one Crime Analyst,
equipment, and indirect costs shall not exceed $969,000.00 for Fiscal Year 2017-2018.
The City of Fresno and the County of Fresno now desire to enter into an agreement to continue
funding of seven Fresno Police Officers, one Police Sergeant and one Crime Analyst plus equipment
which costs shall not exceed $1,828,200 for Fiscal Year 2018-19, which will continue to be assigned
to the ACT and MAGEC Teams.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local Preference was not considered because accepting funding from the State does not include a
bid or award of a construction or services contract.
FISCAL IMPACT
The Police Department’s FY 19 budget has $1,581,200 appropriated for part of this agreement and
the attached amendment for $246,900 adds appropriations to fully fund seven Fresno Police Officers,
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one Police Sergeant and one Crime Analyst plus equipment and vehicles. All costs will be
reimbursed by the County of Fresno. The total cost of the program will not exceed $1,828,200 in FY
19. There will be no impact to the General Fund.
Attachments:
Fresno County Agreement
18th Amendment to the AAR No. 2018-158
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A G R E E M E N T
THIS AGREEMENT is made and entered into this day of _______, 2018, by and between the
COUNTY OF FRESNO, a political subdivision of the State of California, ("COUNTY"), and the CITY OF
FRESNO, a municipal corporation, ("CONTRACTOR").
W I T N E S S E T H:
WHEREAS, the State of California, under Assembly Bill 109, the Public Safety Realignment Act (AB
109), has realigned responsibilities for probation, post release community supervision (PRCS) and
mandatory supervised release of offenders; and
WHEREAS, the Public Safety Realignment Act AB 109 Implementation Plan of 2011, including its
updates, collectively referred to as the “AB 109 PLAN,” was developed by the Fresno County Community
Corrections Partnership (CCP) and approved by the Fresno County Board of Supervisors; and
WHEREAS, the AB 109 PLAN includes formation of the Adult Compliance Team (ACT) to create a
cooperative unit capable of addressing public safety concerns and issues facing local law enforcement in
Fresno County; and
WHEREAS, the ACT is comprised of representatives of the Fresno County Sheriff’s Department,
the Fresno County District Attorney’s Office, the Fresno County Probation Department, and officers of the
Fresno, Clovis, Selma, Kerman, Kingsburg, and Reedley Police Departments; and
WHEREAS, the State of California has provided funding to COUNTY for the purpose of
implementing AB 109 services.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
1. OBLIGATIONS OF THE CONTRACTOR
CONTRACTOR shall assign seven (7) Police Officers, one Police Sergeant, and one Crime
Analyst (“Police Officers”) to be responsible for fulfilling the responsibilities of an ACT member in
accordance with the ACT Operating Agreement, attached as Exhibit “A” and incorporated by this reference.
In the event that the AB 109 PLAN is revised by the CCP, and approved by the Fresno County Board of
Supervisors, the responsibilities of the Police Officers under this Agreement may be modified accordingly.
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2. OBLIGATIONS OF THE COUNTY
COUNTY shall compensate and remit to CONTRACTOR, an amount equal to the cost of
seven (7) City of Fresno Police Officers, one City of Fresno Police Sergeant, and one City of Fresno Crime
Analyst for assignment to the ACT and the Multi-Agency Gang Enforcement Consortium (MAGEC), not to
exceed the maximum amount payable under this Agreement of $1,828,152.
3. TERM
This Agreement shall become effective July 1, 2018 and shall terminate on June 30, 2019.
4. TERMINATION
A. Non-Allocation of Funds - The terms of this Agreement, and the services to be
provided hereunder, are contingent on the approval of funds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice.
B. Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to the COUNTY;
4) Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
any such funds upon demand.
C. Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
intention to terminate to CONTRACTOR.
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5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
CONTRACTOR agrees to receive compensation as follows:
CONTRACTOR shall submit quarterly invoices for actual expenditures to the County of Fresno
Probation Department at: ProbationInvoices@FresnoCountyCA.govmailto:. Invoices must be submitted on
or after the dates of October 1, 2018, and January 1, April 1, and July 1, 2019, respectively, and include a
breakdown of expenses identified in the final approved budget of the CCP in the County of Fresno for use
in executing the mission of ACT. COUNTY shall make payment within 45 days of receipt of an approved
invoice.
Upon any termination of this Agreement, CONTRACTOR shall be compensated for costs
incurred under this Agreement, up to and including the date of termination.
In no event shall compensation for services performed under this Agreement exceed $1,828,152.
6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
times be acting and performing as an independent contractor, and shall act in an independent capacity and
not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
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CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
7. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without, in any way, affecting the remainder.
8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement
nor their rights or duties under this Agreement without the prior written consent of the other party.
9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
COUNTY agrees to indemnify, save, hold harmless, and at CONTRACTOR'S request, defend the
CONTRACTOR, its officers, agents, and employees from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to CONTRACTOR
in connection with the performance, or failure to perform, by COUNTY, its officers, agents, or employees
under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs),
damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may
be injured or damaged by the performance, or failure to perform, of COUNTY, its officers, agents, or
employees under this Agreement.
In the event of concurrent negligence on the part of COUNTY or any of its officers, agents or
employees, and CONTRACTOR or any of its officers, agents, or employees, the liability for any and all
such claims, demands and actions in law or equity for such losses, costs, expenses and damages shall be
apportioned under the State of California's theory of comparative negligence as presently established or as
may be modified hereafter.
This Section 9 shall survive termination or expiration of this Agreement.
///
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10. INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include
any auto used in connection with this Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million
Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
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provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Probation Business Office, 3333 E.
American Avenue, Suite B, Fresno, CA 93725, stating that such insurance coverage have been obtained
and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for
any premiums on the policies; that for such worker’s compensation insurance the CONTRACTOR has
waived its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under
the insurance policy and that waiver does not invalidate the insurance policy; that such Commercial
General Liability insurance names the County of Fresno, its officers, agents and employees, individually
and collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned; that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess
only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice
given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of California,
and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
FSC VII or better.
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11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business
hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination
all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR
shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after final payment
under contract (Government Code Section 8546.7).
12. NOTICES: The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO CITY OF FRESNO
Chief Probation Officer Chief of Police
3333 E. American Avenue, Suite B 2323 Mariposa Mall
Fresno, CA 93725 Fresno, CA 93721
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
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13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
shall be governed in all respects by the laws of the State of California.
14. SEVERABILITY
In the event any provisions of this Agreement are held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this Agreement will nevertheless continue in
force and effect without being impaired or invalidated in any way.
15. 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 waiver of a party’s breach of any provision of this Agreement shall be
effective unless the waiver is in writing and signed by the party against whom the waiver is sought to be
enforced. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein.
16. 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.
17. NO THIRD PARTY BENEFICIARIES
Nothing set forth in this Agreement shall create any legal rights in any person not a party to this
Agreement.
18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first hereinabove written.
CITY OF FRESNO COUNTY OF FRESNO
(Authorized Signature) Sal Quintero, Chairperson of the Board of
Supervisors of the County of Fresno
Print Name & Title
Mailing Address ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By:
Deputy
FOR ACCOUNTING USE ONLY:
ORG No.: 34309999
Account No.: 7295
1
AB 109
The Criminal Justice Realignment Act
Adult Compliance Team (ACT)
September 2018
OPERATING AGREEMENT
Fresno County Probation Department
Fresno County Sheriff's Department
Fresno County District Attorney's Office
Fresno Police Department
Clovis Police Department
Selma Police Department
Reedley Police Department
Kerman Police Department
Kingsburg Police Department
Exhibit A
2
I. PURPOSE
This document establishes the purpose of the Adult Compliance Team (ACT) as a joint and
cooperative effort. Additionally, it formalizes relationships between participating agencies for
policy and planning in order to create a cooperative unit capable of addressing the public
safety concerns and issues facing local law enforcement in Fresno County regarding
probation, post release community supervision (PRCS), and mandatory supervised release
that may occur due to the passage of the Criminal Justice Realignment Act (AB 109) effective
October 1, 2011.
II. MISSION
The mission of ACT is to provide an additional layer of offender supervision to ensure
offender accountability, surveillance, and supervision through mobile, intensive and evidence
based practices leading to enhanced public safety and offender compliance.
III. GOALS
A. To reduce the occurrence of new criminal acts by targeting offenders on probation, post
release community supervision, and mandatory supervised release with intensive
surveillance by peace officers dedicated to enforcement of conditions of release.
B. To identify supervised offenders who are not meeting their conditions of release in order
to ensure compliance.
C. To mitigate the need for custodial sanctions through appropriate early interventions.
D. To document trends in the realignment population and respond efficiently to emerging
trends that adversely affect public safety.
E. To gather, collect, and provide information and direction regarding the post release
community supervision (PRCS) and realignment populations for all law enforcemen t
agencies in the County of Fresno and act as the point of contact for dissemination of
offender information to law enforcement.
F. To respond rapidly to emergency situations with knowledge and information about the
offenders.
G. To provide other public safety responses including searches as authorized by the terms
of release and warrant services, as needed.
Exhibit A
3
IV. GENERAL OPERATIONAL STRATEGIES
Intensive supervision based on offender assessment, enjoined with evidence based
practices, forms the cornerstone of the Fresno County AB 109 supervision model. This
intensive approach is seen in the formation of ACT; an interagency public safety alliance with
local law enforcement agencies and county justice partners that provides an additional level
of offender accountability and public safety. The "strike team" concept is used to describe
peace officers under ACT, dedicated to particular enforcement and public safety purposes,
with an immediate capacity to take action with offenders under probation supervision, post
release community supervision (PCRS), and mandatory supervised release by the Fresno
County Probation Department.
To this end, the participating agencies developed these operational guidelines and
procedures concerning the formation of the Adult Compliance Team. The participating
agencies agree jointly and separately to abide by these terms and provisions set forth
throughout the formation of the joint operation.
V. ORGANIZATIONAL STRUCTURE
The Adult Compliance Team will be co-located at the Fresno County Probation Department.
The Probation Department is the commanding agency of ACT and will maintain
responsibility for the administrative direction, objective, and mission of the Adult
Compliance Team.
The team will consist of sworn officers from the following agencies: two (2) deputy probation
officers from the Fresno County Probation Department; one (1) sergeant from the Fresno
County Sheriff's Department; two (2) deputies from the Fresno County Sheriff's Department;
two (2) senior district attorney investigators from the Fresno County District Attorney's Office;
one (1) sergeant from the Fresno Police Department; three (3) police officers from the Fresno
Police Department; two (2) police officers from the Clovis Police Department; one (1) police
officer from the Selma Police Department; one (1) police officer from the Reedley Police
Department; one (1) police officer from the Kerman Police Department; and one (1) police
officer from the Kingsburg Police Department. Dependent upon future funding, the size of
ACT may fluctuate according to the number of officers and agencies.
A. Policy and Direction
Under the policy and planning direction of the Community Corrections Partnership (CCP),
ACT will utilize an Advisory Sub-Committee of CCP.
B. ACT Advisory Sub-Committee of the CCP
Each law enforcement agency that assigns personnel to ACT may designate a member to
the ACT Advisory Sub-Committee of the CCP. All law enforcement agencies operating
within the county with an interest in ACT are welcome to attend the meetings of the ACT
Exhibit A
4
Advisory Sub-committee.
Appointments to and removal from the ACT Advisory Sub-Committee and appointment of
a Sub- Committee Chairperson will be made by the CCP Executive Committee.
C. Operations Commander
The Probation Services Manager is the Operations Commander and has overall
responsibility for the operation of ACT. The Operations Commander implements direction
to the team under the administrative direction of the Fresno County Probation
Department's Realignment Division Director. The Operations Commander will liaison with
individual members of the ACT Advisory Sub-Committee, and will attend meetings of the
CCP as required.
D. Field Supervisor
The assigned Field Supervisor(s) will be the day-to-day operations supervisor(s) and
responsible for overall coordination of tactical field operations. When ACT works as separate
elements and both supervisors are working, each supervisor will be responsible for their
assigned element. When only one supervisor is on duty, that supervisor will be responsible
for the supervision of both elements.
E. Probation Department
All probation conditions and release compliance remains the responsibility of the AB 109
probation officer assigned to a specific offender. These conditions are predetermined
before release from custody to probation, post release community supervision or
mandatory supervised release. The offenders will be under the supervision of their
assigned probation officer or ACT probation officer.
VI. OPERATIONS
A. Supervision and Field Responsibility
The use of surveillance, supervision, and field contacts will be established in conjunction
with Fresno County Probation Department policies and as established by the CCP
Executive Committee, ACT Advisory Sub-Committee, and policies and procedures of
general law enforcement accepted practices as established by statute and case law.
All ACT personnel will conform to their own agencies' policies and procedures as well as
policies and procedures that may be required by participation in ACT.
B. Records and Reports
All reports created by ACT related to contacts with those offenders under probation
supervision, post release community supervision, and mandatory supervised release will
be entered into the Probation Records Information Management Sys tem (PRIMS). All
Exhibit A
5
agencies participating on the ACT will have full access to Sharenet and the information
in PRIMS. Information sharing with other law enforcement agencies regarding offenders
under probation supervision, post release community supervision, and mandatory
supervised release allowing for appropriate law enforcement response is a priority for
ACT.
Any additional crime, arrest, or incident report will be documented by the primary
investigative officer through the use of their own departmental report writing system.
VII. ADMINISTRATION
A. Financial Administration
Financial administration of ACT funds allocated by the CCP Executive Committee will be
the responsibility of the Fresno County Probation Department Business Office through
the duration of the program. In addition, the allocation and management of funds are
guided by Fresno County Fiscal Policy and under the review quarterly of the CCP Finance
and Audit Sub-committee for presentation to the CCP.
B. Vehicles
As provided for in the approved CCP budget, vehicles will be provided for probation staff
and for participating law enforcement officers as specified in the final approved budget of
the CCP and Fresno County, for use in executing the mission of ACT.
C. Communications
Each participating law enforcement agency will provide communications equipment for
its own personnel through the duration of the OA. Each agency is responsible for its
interagency communication operability. The policies and procedures of each agency will
govern communication by its own personnel. The Fresno County Sheriff's Dispatch will
be the primary contact for operations of ACT.
D. Firearms
Each participating agency will provide all necessary firearms for its own personnel
through the duration of the OA. The policies and procedures of each agency will govern
the use of firearms by its own personnel.
E. Equipment and Property
Any property, equipment or other items acquired with funds allocated by the CCP
Executive Committee shall be the property of ACT through the duration of the OA. Upon
termination of this OA or any revision, the property of ACT shall be distributed as
determined by the CCP Executive Committee.
Exhibit A
6
F. Training
ACT Officers will complete training as assigned and approved by the ACT Advisory Sub-
Committee chairperson or their designee. Training for the team will be outlined during the
fiscal year to reflect the needs of the team. The Probation Division Director may also assign
training to the ACT members as it pertains to the Evidence Based Practices outlined by
the AB 109 program.
G. Personnel Management
The selection of ACT members will be made by each participating agency. If any of the
ACT policies and procedures conflict with any of the participating agencies' policies and
procedures, notice of said conflict shall be immediately given to a supervisor. The
supervisor will take whatever action necessary to reconcile the conflict.
Each participating agency retains full responsibility for the professional and personal
conduct of its own personnel assigned to ACT. Each participating agency will follow their
agency directives/MOU for working modified schedules.
VIII. MULTI-AGENCY ADMINISTRATIVE CONCERNS
All ACT personnel will conform to their own agencies' policies and procedures as well as
policies and procedures that may be required by participation in ACT.
There are a number of categories of administrative issues or situations pertaining to individual
team members which will or may arise. Those include but are not limited to:
A. Citizen Complaints
B. Employee Evaluations
C. On-Duty Motor Vehicle Accidents
D. Injuries Sustained on Duty
E. Officer-Involved Shooting
F. Discharge of Firearm
G. Vehicle Pursuits
H. Use of Force
Each participating team member's agency has in place an administrative process for
addressing the situations listed above. Should these situations occur, ACT will
immediately notify the involved officer's agency. It will remain the responsibility of the
involved officer's agency to address those situations pursuant to their own administrative
process. All agencies involved in a critical incident will have the opportunity to observe
other agency interviews with their own employees.
Exhibit A
7
IX. DURATION
This OA shall become effective upon execution and shall continue without change until
amended in accordance with Section X or terminated as discussed below.
Participation in ACT by any participating agency may continue as funding provides or until
said agency terminates participation in ACT. An agency shall terminate participation in the
following manner: delivery of written notice to the Chairperson of the CCP Executive
Committee and to all other participation agencies, with termination to be effective 60 days
after delivery.
As to each participating agency, this OA will be in force from the date that agency signs the
agreement. Termination of the OA has been provided for above.
X. AMENDMENT
Any member of the ACT Advisory Sub-Committee may propose an amendment to this OA
by submitting it at any regular meeting of the ACT Advisory Sub -Committee. The proposed
amendment would be submitted to the Executive Committe e of the Community Corrections
Partnership for their consideration and approval.
XI. LIABILITY
Each participating agency will be solely responsible for any and all damages, including
attorney's fees, results from acts or omissions of its own employees including ACT assigned
employee. Each participating agency shall indemnify and hold harmless each other
participating agency for said acts or omissions. The provisions contained herein include any
violation of applicable law, ordinance, regulation or rule, including where the claim, loss,
damage, charge or expense was caused by deliberate, willful or criminal acts of any agency,
or any of its agents, officers or employees in its or their performance thereunder.
It is the intent of the parties hereto that, where negligence is determined to have been
contributory, principles of comparative negligence will be followed and each party shall bear
the proportionate cost of any loss, damage, expense, and liability attrib utable to that party's
negligence.
The participating agencies will establish procedures to notify the other agencies where
appropriate of any claims, administrative actions or legal actions with respect to any of the
matter described in this indemnification provision. The agencies shall cooperate in the
defense of such actions brought by others with respect to the matters covered in this
agreement. Nothing set forth in this OA shall establish a standard of care for, or create any
legal rights in, any person not a party to this OA.
Exhibit A
8
XII. NON-WAIVER
Waiver of any breach or default hereunder will not constitute a continuing waiver or a waiver of
any subsequent breach, of either the same or another provision of this OA.
XIII. SEVERABILITY
If any term, covenant, or condition of this OA is held by a court of competent jurisdiction to
be invalid, the remainder of this OA will remain in full force and effect.
XIV. AMBIGUITY
The participating agencies have each carefully reviewed this OA and have agreed to each term
of this OA. No ambiguity shall be presumed to be construed against any other party.
XV. GOVERNING LAW
The interpretation and enforcement of this OA will be governed by the laws of the State of
California, and where applicable, by federal law. The participating agencies agree to submit
any disputes arising under this OA to a court of competent jurisdiction located in Fresno,
California.
XVI. INTEGRATION
The OA embodies the entire agreement of the participating agencies in relation to the
formation and operation of ACT, except for "Program Costs." Except for that, there is no other
agreement or understanding, verbal or otherwise, existing among the participating agencies.
Exhibit A
Exhibit A
Date Adopted: 1 of 3
Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 18th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2018-157 APPROPRIATING
$246,900 IN AB109 FUNDS TO ENTIRELY FUND SEVEN POLICE
OFFICERS, A POLICE SERGEANT AND A CRIME ANALYST PLUS
EQUIPMENT FOR STAFF ASSIGNED TO THE ADULT
COMPLIANCE TEAM (ACT)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2018-157 be and is hereby
amended as follows:
Increase/(Decrease)
TO: POLICE DEPARTMENT
Patrol Support Fund $ 246,900
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Patrol Support Fund
Revenues:
Account: 33801 County-Contribution $ 6,300
Fund: 24036
Org Unit: 155012
Total Revenues $ 6,300
Appropriations:
Account: 56109 Office Equipment Rentals $ 6,300
Fund: 24036
Org Unit: 155012
Total Appropriations $ 6,300
2 of 3
Increase/(Decrease)
Revenues:
Account: 33801 County-Contribution $ 240,600
Fund: 24036
Org Unit: 155023
Total Revenues $ 240,600
Appropriations:
Account: 51301 Overtime $ 72,400
52601 Worker’s Compensation 30,000
55801 Training 20,000
56101 Clothing & Personal Supplies 4,500
56107 Office Supplies 5,000
56116 Materials & Parts--Equipment 15,000
57411 New Machinery & Equipment 24,200
59312 Fleet Services Charge 69,500
Fund: 24036
Org Unit: 155023
Total Appropriations $ 240,600
THAT the purpose is to appropriate $246,900 in AB109 funds to entirely fund seven (7)
Police Officers, a Police Sergeant and a Crime Analyst plus equipment for staff assigned to
the Adult Compliance Team (ACT).
3 of 3
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 , 2018
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Veto: , 2018
YVONNE SPENCE, MMC
City Clerk
BY: ______________________
Deputy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1319 Agenda Date:11/8/2018 Agenda #:1-H
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:LEE BRAND, Mayor
Mayor/City Manager’s Office
SUBJECT
Approve the reappointment of Richard Keyes to the Fresno Regional Workforce Development Board
and the appointment of Ruby Yanez to the Fresno Housing Authority
Attachment:Applications
City of Fresno Printed on 3/10/2023Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1328 Agenda Date:11/8/2018 Agenda #:1-I
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:GREGORY A. BARFIELD, Interim Director
Public Works Department]
BY:BRIAN BARR, Assistant Director
Department of Transportation
KRISTOPHER GREY, Capital Development Specialist
Department of Transportation
SUBJECT
Reject the bid for the Bus Stop Solar Lighting Requirements Contract - Bid File No. 9442
RECOMMENDATION
Staff recommends Council reject the bid for the Bus Stop Solar Lighting Requirements Contract
submitted by PV Guru, Inc., in the amount of $412,700 and direct staff to rebid the contract.
EXECUTIVE SUMMARY
FAX seeks to establish a requirements contract to provide solar powered lighting at bus stops to
increase the safety and security of the customers.This is a part of FAX’s efforts to improve service to
its customers.The only bid submitted for the requirements contract was from PV Guru,Inc.The bid
was determined to be nonresponsive because of noncompliance with the Federal Transit
Administration (FTA) Buy America requirements.
BACKGROUND
FAX seeks to increase security and safety at bus stops throughout the City and County of Fresno by
adding a limited number of solar powered lights to stops that do not currently have lighting.This will
help deter crime and promote safety at bus stops in the evening and early morning hours.The
addition of solar powered lighting will also reduce the number of driver pass-byes that occur from
riders not being easily visible to bus drivers.
FAX conducted post-bid outreach to understand the reason for the low number of bid responses.It
was discovered that several potential lighting vendors had difficulty finding local area installers for
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File #:ID18-1328 Agenda Date:11/8/2018 Agenda #:1-I
was discovered that several potential lighting vendors had difficulty finding local area installers for
their products.Furthermore,another potential bidder intended to submit a bid,but an internal
miscommunication at the firm prevented them from submitting.Based upon this outreach FAX will
rebid the project as a materials only requirements contract.FAX believes that this will also invite
greater competition into the bidding process as the need for labor and installation to be provided in
the contract has been removed.
The Notice Inviting Bids was posted in the Fresno Business Journal on July 20,2018,and in Mass
Transit Magazine on July 19,2018.The Notice Inviting Bids was distributed to nine (9)prospective
bidders and reached eleven (11)building exchanges.Only one (1)sealed bid proposal was received
and opened in a public bid opening on August 14,2018.Awarding the contract to the sole bidder is
not possible because the sole bid was determined to be nonresponsive as a result of noncompliance
with the FTA’s Buy America requirements.
ENVIRONMENTAL FINDING
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines,Section
15378, the rejection of all bids does not qualify as a project as defined by CEQA]
LOCAL PREFERENCE
Local preference was not implemented because the sole bid was determined to be nonresponsive.
FISCAL IMPACT
A rejection of the bid will result in additional staff costs in order to reevaluate the specifications,
contract method,and to put the project back out to bid.FAX has sufficient funding to cover the
additional staff costs in order to rebid the project.This project will be funded by State Prop 1B
funding. No General Fund dollars shall be used for the rebid or resulting material purchase.
Attachment:
Bid Evaluation
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1329 Agenda Date:11/8/2018 Agenda #:1-J
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
Approve Amendment No.1 to the Service Agreement with The Arc Fresno/Madera Counties at
Fresno Yosemite International Airport to update management fees for the term of the agreement.
(Council District 4)
RECOMMENDATIONS
Staff recommends that the City Council approve Amendment No.1 to the Service Agreement with
The Arc Fresno/Madera Counties (ARC)related to management fees for trash pick-up services at
Fresno Yosemite International Airport (FAT)for an updated amount not to exceed $292,490.91,and
authorize the Director of Aviation to execute Amendment No. 1.
EXECUTIVE SUMMARY
The Service Agreement specified monthly rates instead of annual rates for three of the services listed
on Exhibit A-1.Amendment No.1 corrects the inconsistency and adjusts the total compensation
accordingly. Council approved the current Service Agreement on August 30, 2018.
BACKGROUND
The ARC is a local non-profit organization that provides vocational training,skills and job placement
for adults with intellectual and developmental disabilities.The ARC Vocational Services Division
coordinates to provide jobs for these adults to perform a number of services,including:trash pickup,
landscape services, janitorial services and many other opportunities.
The three affected line items on Exhibit A are No.3 (Dayton Ave),No.4 (Trash bags)and No.5 (Off
Site Dumpster Fee).The Service Agreement specified a total amount not to exceed $256,808.21.
Amendment No.1 corrects the clerical errors and the Service Agreement total,which will be
$292,490.91 for the 5-year term.
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File #:ID18-1329 Agenda Date:11/8/2018 Agenda #:1-J
The City Attorney has reviewed and approved First Amendment to Service Agreement as to form.
ENVIRONMENTAL FINDINGS
This is not a “project”as defined by the California Environmental Quality Act Guidelines Section
15378.
LOCAL PREFERENCE
Local preference is not applicable to this project pursuant to Fresno Municipal Code 4-109(b)(3).
FISCAL IMPACT
The corrected annual rates in Exhibit A-1 will increase the contract amount in FY19 by $6,721 and by
a total of $35,682.70 over the 5-year term of the agreement.Funding for the Agreement is included
in the City’s Adopted FY 2019 budget and will be incorporated into future Airport budgets.There is no
impact to the General Fund from this action.
Attachment:
-Amendment No. 1 to Service Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1330 Agenda Date:11/8/2018 Agenda #:1-K
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:MICHAEL CARBAJAL, Director
Department of Public Utilities
THROUGH:DEJAN PAVIC, Supervising Professional Engineer
Department of Public Utilities - Utilities Planning & Engineering
BY:SARAH AGUILA, Supervising Engineering Technician
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Actions pertaining to awarding a Consultant Services Agreement to ADS Corp.,for maintenance of
the City of Fresno’s sewer flow monitoring equipment (Citywide):
1.Affirm the City Manager’s determination that ADS Corp.,is uniquely qualified to perform the
services
2.Award a consultant services agreement in the amount of $151,200 with ADS Corp.,for the
service,maintenance,and data acquisition/upkeep of sewer flow monitoring equipment,with
provisions for up to two one-year extensions thereafter
RECOMMENDATIONS
Staff recommends the City Council affirm the City Manager’s uniquely qualified determination and
award a consultant services agreement to ADS Corp.,in the amount of $151,200 for the service,
maintenance,and data acquisition/upkeep through the FlowView website of 21 sets of sewer flow
monitoring equipment (Flow Meters)installed in various areas of the City of Fresno (City)and
authorize the Director of Public Utilities,or his designee,to execute agreement with provisions of up
to two one-year extensions thereafter.
EXECUTIVE SUMMARY
The City monitors 21 locations where Flow Meters are installed for the collection of data for billing
and master planning purposes.Flow Meters and software are proprietary.Equipment and
maintenance services have been supplied by ADS Corp.,(formerly ADS Environmental Services)to
the City for over 25 years.This agreement is for the continuation of services of 21 Flow Meters and
the transition to a new web-based system,FlowView.The two one-year extensions would each be
equivalent in cost to the first year agreement.The optional fourth year would include the third year
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File #:ID18-1330 Agenda Date:11/8/2018 Agenda #:1-K
equivalent in cost to the first year agreement.The optional fourth year would include the third year
cost plus a Consumer Price Index (CPI)increase.The optional fifth year would be the total cost of the
fourth year plus a CPI increase.The new propriety software will increase reliability,accuracy,and a
minimum of 90% system up-time.
BACKGROUND
Since 1985 the City has benefited from 21 Flow Meters at various locations throughout the City.The
City uses the sewer flow data to determine sewer mainline capacity for the existing and future
customers.Information is also used to populate data into a Sewer Model that will help develop the
Collection System Master Plan and potential fees for industrial users.
ADS Corp.,has maintained these sites in the City for over 25 years and is familiar with the City's flat,
long sewer collection system.The sewer collection system creates an environment that causes
corrosion and deterioration of the Flow Meters.ADS Corp.,field staff is highly proficient at efficiently
and safely entering the Flow Meter locations to clean and maintain them.ADS Corp.,has previously
been able to service the older model Flow Meters,prolonging their useful life and delaying the need
for replacement with more expensive meters.However,the majority of the meters in use are
becoming outdated and in need of replacement.Part of the agreement with ADS Corp.,will be to
transfer historical data into the new web-based software,FlowView.The FlowView software will allow
review of sewer flow trends,monitoring of real time and historic flows,as well as many other
hydraulic functions.This agreement will reduce the potential for human error in the data acquisition,
as well as alarm when a flow meter is obstructed or damaged.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378 the award of this consultant services agreement does not qualify as a “project”for the purpose
of CEQA.
LOCAL PREFERENCE
Local Preference was not applied due to the uniquely qualified determination.
FISCAL IMPACT
This project has no impact to the General Fund and is located throughout the City.Funding for this
consultant services agreement is budgeted in the Wastewater Division’s Fiscal Year 2019 operations
and maintenance budget within the Sewer Enterprise Fund (40501).
Attachments:
Uniquely Qualified Determination - Attachment 1
Consultant Agreement - Attachment 2
Vicinity Map of Meter Locations - Attachment 3
City of Fresno Printed on 3/10/2023Page 2 of 2
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AGREEMENT CITY OF FRESNO, CALIFORNIA CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective the __ day of November, 2018, by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "CITY"), and ADS Corp., a Delaware Corporation (hereinafter referred to as "CONSUL TANT").
RECITALS
WHEREAS, CITY desires to obtain professional technical services for flow meter installation, maintenance, and data acquisition/upkeep, hereinafter referred to as the "Project;" and WHEREAS, CONSULTANT is engaged in the business of furnishing services as a flow meter technical service 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 11/01/21, 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 365 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 One Hundred Fifty-One Thousand Two Hundred Dollars ($151,200). Such fee includes all expenses incurred by CONSUL TANT in performance of the services.
(b) Detailed statements shall be rendered monthly and will be payable in the normal course of CITY business.
DPU ADS Corp. Total Fee 09-26-18 -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 CONSULTANTS 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. CONSUL TANT shall not be entitled to any additional
compensation if services are performed prior to a signed written amendment.
4. Termination, Remedies and Force Maieure.
(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
CONSUL TANT; (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,
CONSUL TANT 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 CONSULTANT 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
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
common carriers. CONSULTANT shall notify Director in writing as soon as it is reasonably
possible after the commencement of any excusable delay, setting forth the full particulars in
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connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Director of the cessation of such occurrence.
5. Confidential Information, Ownership of Documents and Copyright License.
(a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSUL TANT 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 CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement or default by CONSULTANT. CONSULTANT grants CITY a copyright license to use such drawings and writings. 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 CONSULTANT will be at CITY'S sole risk and without liability or legal exposure to CONSUL TANT. CONSULTANT may keep a copy of all drawings and specifications for its sole and exclusive use.
(c) 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 Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSUL TANT 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, CONSUL TANT 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
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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) to the extent they 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 CONSUL TANT should subcontract all or any portion of the services to be performed
under this Agreement, CONSUL TANT 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 CONSULTANT shall be
withheld until notice is received by CITY that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to
CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to
terminate this Agreement. No action taken by CITY pursuant to this section shall in any way
relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain
any required insurance" shall include, without limitation, notification received by CITY that an
insurer has commenced proceedings, or has had proceedings commenced against it, indicating
that the insurer is insolvent.
(c) The fact that insurance is obtained by CONSULTANT shall not be
deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability
under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability
nor limit the liability of CONSUL TANT, its principals, officers, agents, employees, persons under
the supervision of CONSUL TANT, 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
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
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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 volLJnteers by using Insurance Service Office (ISO) Form CG 20 10 04 13 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 04 13.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, CONSUL TANT 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, CONSUL TANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULT ANT 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. CONSUL TANT 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.
(f) If CONSUL TANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSUL TANT shall include the
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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) 62 1-1111.
(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, CONSULT ANT 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 CONSUL TANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSUL TANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
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12. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSUL TANT 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) CONSUL TANT 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 re·sulting from this Agreement.
(b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULT ANT 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 CONSUL TANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSUL TANT is acting solely as an independent contractor. Neither CONSUL TANT, 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
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manner or method by which CONSULT ANT 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 CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, CONSUL TANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, 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. Subj�ct to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSUL TANT 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) CONSUL TANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.
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17. Co mpl ia nce With Law. In providing the services required under this Agreement,
CONSULTANT shall at all times comply with all applicable laws of the United States, the State
of California and CITY, and with all applicable regulations promulgated by federal, state,
regional, or local 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 . Severabi lity. 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.
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
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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 fl ow to the interest of any third parties.
28. Extent of Agreement. 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 .
II
II
II
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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: --..-----r---Michael Car6ajal, Director Department of Public Utilities
APPROVED AS TO FORM: ::�� Amanda Freeman Date Senior peputy City Attorney
ATTEST: YVONNE SPENCE, CMC City Clerk
By : ----------Deputy
Safo Agu ila, supisfr,gengineering Technician Department of Public Utilities
Addresses: CITY: City of Fresno Attention: Sarah Aguila, Supervising Engineering Technician 2101 G. St., Bldg A Fresno, CA 93706 Phone: (559) 621-1615 FAX: (559) 498-4126
Attachments: 1. 2. Exhibit A -Scope of Services Exhibit B -Insurance Requirements
Na
Title7ff.4.� (1f corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary)
Any Applicable Professional License: Number:---------Name: ----------Date of Issuance: _____ _
CONSULTANT: ADS Corp. Attention: Rob Larson, Business Development Manager 3447 Investment Blvd., Suite #5 Hayward, CA 94545 Phone: 858-210-5387 FAX:
3. Exhibit C -Conflict of Interest Disclosure Form
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Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("City")
and ADS Corp. ("Cons ultant")
Sewer Flow Monitoring Maintenance and Repa ir Services
PROJECT TITLE
Scope of Work
Background : ADS has been providing the City of Fresno (City) sewer flow mon itoring
mai ntenance and repa ir services on the City owned twe nty-one (2 1) ADS Triton wireless flow
monitors on a quarterly sched ule fo r many years. The City has performed data collection, data
editi ng, data finalization, and reporting to the appropriate City departments fo r model ling and
billing purposes. This arrangement was ag reed upon primarily due to the City's budget
constraints and the ability of ADS to control mobilization costs by only visiting the sites on a
quarterly schedule. The combination of upgrad ing the flow monitors (City purchased ), add ing
red undant sensors, and increased co mmunication rel iabil ity, the flow monitoring data has
improved over the last contract period , but not to the levels requfred for accu rate model
ca libration and billing purposes where millions of dollars are billed to member agencies per year.
Strategy Moving Forward: ADS with the City input has developed a multi-pronged strategy to
increase data qual ity, data availability, data viewi ng, and opt in to ADS' flow meter tech nology
protection program called I-Site. The major changes proposed are as follows; ADS will mobilize
as needed instead of quarterly fo r site maintenance, ADS will take over the data
analysis/fi nalization processes, ADS wi ll provide our FlowView Web-Data Del ivery Servi ce, and
ADS will return -2 1 used flow meters to the City to comply re gulations. There are two main
advantages of ADS suppling the flow meters, 1) as the cu rrently installed flow meters become
obsolete due to wireless con,mun ication turn-down, or end of life of our product line, ADS will
upgrade the monitors to the latest technology to ensure system is always up-to-date, 2) by ADS
own ing the flow mon itors , the recent CA DIR Preva iling Wage reg ulations do not apply due to the
fa ct ADS is not maintaining the City owned infrastructure, instead we are del ivering data fo r
model ca libration and billing purposes. This is the approach the vast majority of our Cal ifornia
flow metering clients have taken .
ADS Corp ("ADS") will perfo rm a long term sewer flow-monitoring services to the City of Fresno,
CA (City) in fo ur phases. These phases are described as fo llows:
Phase I -Initial Project Management
1) If req uested , a Kick-off meeting between representatives of the City and ADS will be
sched uled. The purpose of the kick-off meeting is to discuss project scope, establish
li nes of com munication, set milestones, and set the project schedule.
2) ADS will setup FlowView website fo r the twenty-one (2 1) flow monitors. If the City would
like to import historical data into FlowView, the City will forward the Profi le Database(s) to
ADS.
DPU ADS Corp. Total Fee 09-26-18
-1 2-
Phase 11 -Mobilization
1) ADS crew(s) will mobi lize on an "as-needed" schedule to perform ro uti ne mai ntenance and
corrective actions to ensure 90% system-wide upti me.
Phase 111 -Flow Monitoring
1) Preventative Maintenance. ADS is an ISO 9001 certified com pany and has propri etary
internal qual ity procedures fo r all fieldwork. During the course of the project and as part of
ADS' quality control program, the field manager will also visit each location and reco nfirm
that the mon itor is in proper working condition. This incl udes cleaning or replacing depth
and velocity sensors, and perfo rm ing hydraulic confi rmations as needed .
2) Mai ntenance Services. ADS wi ll provide services for the flow mon itors, involves
troubleshooting the common fa ults that are repairable in the fi eld . More complex
problems are left to trained electronic tech nicians . Common service problems are sensor
scrubs, battery changes, and internal board replacements. ADS is responsible fo r all
Cel lular SIM Fees.
Upgrades. ADS' I-Site program where ADS provides Turn key services, including
eq uipment upgrades and all spa re parts . We call th is ''Technology Protecti on". As part of
ADS' I-S ite program, ADS will replace units that are nearing end of life with new
technology being released to the ma rketp lace at no cost to the City.
Phase IV -Data Col lection, Data Processing and Reporti ng
1) Data Collection: The flow monitoring system shall automatica lly coll ect data from all
telemetered flow meter sites at a minimum each day and whenever an alarm occurs . In
addition, the system shall have the ability to issue a data coll ection command in order to
obtain data in near real time. Twice-we ekly Data Review shall be performed by ADS to
ensure that the equipment is operational and properly logging data.
2) Data Quality: ADS shall be expected to provide valid data points each calendar month.
Valid data poi nts are defined as final data that accurately refl ects the hydraulic co nditions
present where the sensors are installed and is not skewed or inaccurate due to debris,
misreading sensors, or other problems.
3) Monthly Data Analysis: During the monitoring period, data will be analyzed by ADS and
reported to the City on a monthly basis. Data Analysis shall be performed by an an alyst
with a minimum of two (2) years of direct experience. Final flow mon itoring data will be
reviewed and confirmed by an analyst with a minimum of 10 years' experience. The
monthly analysis will consist of calculating flow at each monitoring location , plotting the
flow data, and analyzing depth vs . velocity scattergra phs to evaluate monitor accuracdi Finalized flow datasets shall be posted fo r the previous month to the website by the 15
of the followi ng month .
4) Web Data Delivery: ADS shall supply a software system that is accessible using
Microsoft® Internet Explorer version 10.0 or _greater and available to any personnel
requiring access. ADS shall host all data in a central database to ensure that any
modifications to the central data are available to all other users of the system . The
softwa re system shall have unique password security for each user. Each user shall be
DPU ADS Corp. Total Fee 09-26-18
-13-
perm itted to perform only auth orized functions that can be restri cted by permissions.
These functions shall include, at a minimum, alarm acknowl edgement, repo rti ng, viewing
specific data types, viewing data and info rmation from specified locati ons,
telecom munications, and any system configuration (such as adding new users). The
software system shall al low fo r the upload of final edited data and shall mai ntain a copy of
both the final and the original data after each upload . The system shall support the
fo llowing types of configurable reports:
• Hydrograph - a time series graph of multi ple data types with the ability to
segment data based on interva ls ( e.g. "weekly") over the user specified time
period;
• Scatterg ra ph - a depth to velocity graph for the specified ti me period with the
ability to select a data point to see the actual va lue for that data point;
• Ta bular -both tables for viewing and a CSV format for down load shall be
available.
• Uptime Chart - a chart to view and evaluate the amount of data available for
each day for single or multi ple data entities fo r single or multiple mon itors
• Alarm report provi ding information about all alarms generated by the monitoring
system including alarm type, alarm status and users who have acknowledged
the alarms;
• • Confirmations report provi ding a list of manual measu rements taken at a
monitori ng location with in a specific date ra nge;
• Data Coll ect Summary report providing the number of successfu l and fa iled
attempts and the percentage of successful atte mpts to coll ect the data fro m
sel ected mon itoring locations;
• Capacity trend reports indicating the average and maximum capacity used fo r
each monitoring location for the last 24-hours, compared with a user specified
ti me range, as a percentage of the theoretical capacity for each site;
• Surcharge trend repo rts indicating the percentage of time that each site was in
a surcharge con dition (depth greater than full pipe) over th e last 24 hours, past
30 days or past 90 days, compared with a user specified time ra nge; and
• Percentage-fu ll trend reports indicating percentage of full pipe tren ding over the
last 24 hours, 30 days or past 90 days, compared with a user specified ti me
range.
All flow meter data shall be available to view and export el ectronic data in Microsoft Excel
format from a website provided by ADS fo r a date ra nge entered by the user. ADS shall
co nduct a customer training on website navigation and featu res, including report
generati on .
Contingent Scope of Services
As part of this agreement, ADS is offering the City our other services we offe r; temporary sewer
flow monitoring services, rain gauging, RD l/1 Analysis, and our newest offering, ADS D-Site
SSO/Depth monitoring prog ra m. It is assumed mobilization for any of these services will be in
conj unction with our flow monitoring services. Pricing for these services wi ll be agreed upon
based upon th e exact scope of services the City is requ esti ng.
DPU ADS Corp. Total Fee 09-26-18
-1 4-
City of Fr esno 's Responsibilities:
The City will perfo rm the fo llowi ng functions in co nnection with this Project:
1) Access to the site of work with suffi cient area for placement of personnel and
eq uipment, including all right-of-way and ramps, if required . This includes, but is
not limited to expos ing man holes and clearing easements.
2) Help with Traffi c Control at Sites at two locations, ADS wi ll give ample notice to
the City.
3) Pay all local licenses and perm its fees.
4) Assist in obtaining and complying with any special permits.
5) If sewer line is dirty and fi ll of debris, ensure that selected sites have been jet
cleaned to minimize hydraulic deficiencies or select an alternate location .
6) Any known information concerning bypasses, overflows, base flows, criti cal
surcharge areas, and maintenance habits.
ADS I-Site Pro gra m, Sewer Flo w Monitors Fee Schedule (Non Prevailing Wa ge Ra te):
Descriotion #of Price/Meter Yearlv Fee
ADS FlowView Site Setup Fee 21 $ 240 .00 $5,040.00
ADS I-Site Program: 1st Year Full Service I Turn-Key
Service, includes Mai ntenance, Parts, Data Collection, 21 $6,960.00 $
Web Hosting, Cellular Fees , Data Review, Data 146,1 60.00
Finalizati on. $580.00 per/meter/month .
Year 1 Total Fee $ 151 ,200 .00
ADS I-Site Program: 2nd Year Full Service / Turn-Key
Service, includes Maintenance, Parts, Data Collection , 21 $7,200.00 $151,200.00
Web Hosti ng, Cellular Fees, Data Review, Data
Finalization. $600.00 per/m eter/m onth .
ADS I-S ite Program: 3rd Year Full Service / Turn-Key
Service, includes Mai ntenance, Parts, Data Collect ion, 21 $7,200.00 $151 ,200.00
Web Hosti ng, Cel lular Fees , Data Review, Data
Finalization . $600.00 per/meter/m onth .
3-Year Base Contract Va lue: $453,600.00
DPU ADS Corp 9-26-18
Optional Items
Year 4 Contract Extension = Year 3 Price + CPI Increase
Year 5 Contract Extension = Year 4 Price + CPI Increase
Emergency Mobilization Fee = $2,500.00
Temp Flow Monitoring Services for a 14 Day Study: 1st Site = $3,500, additional sites
at $2,750 Each. 14 day mon itoring ext = $560 Per/Meter/2 -Weeks
ADS Depth Monitoring Services: Install = $350 Each . 1 Year Option = $1 99
per/month/ECHO, 2 Year Option = $149 per/m onth/EC HO
DPU ADS Corp 9-26-18
Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno ("C ITY")
and ADS Corp. ("CONSULTANT")
Sewer Flow Monitoring Maintenance and Repair Services
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). If personal automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSUL TANT, or any party the CONSUL TANT 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. COMMECIAL 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,
DPU ADS Corp 9-26-18
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) $1 00,000 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 LIABI LITY:
(i) $1 ,000,000 each accident for bodily injury;
(ii) $1 ,000,000 disease each employee; and,
(iii) $1 ,000,000 disease policy limit.
5. PROFESSIONAL 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.
DEDUCTI BLES AND SELF-INSURED RETENTIONS
CO NSULTANT 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 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 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
DPU ADS Corp 9-26-18
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 selfinsured retentions.
OTHER INSURANCE PROVISIONS/E NDORSEMENTS
The General Liabilitv and Automobile Liabilitv in surance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. CONSULTANT shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 04 13 or both CG 20 10 04 13 and CG 20 37 04 13 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 04 13 or by such other ISO Form as approved by the City.
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 or by such other ISO Form as approved by the City.
The Wo rkers ' Compensatio n in surance 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 Pro fessional 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 claimsmade policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT
DPU ADS Corp 9-26-18 Page 3 of 4
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 given to CITY. CONSUL TANT 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, CONSUL TANT 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, CONSUL TANT 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 COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and appl icable 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, CONSUL TANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
DPU ADS Corp 9-26-18 Page 4 of 4
1
2
3
4
5
6
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
Sewer Flow Monitoring Maintenance and Repair Services
PROJECT TITLE
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 the subject matter of this service?
Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:-----------
YES*
D
D
D
D
�15,)0li
(company)
NO
,:y/(J&t3n"'f,5lra;1,Stuie � (address)
o Additional page(s) attached. lfwran 'lu AG. �e>eo ( city state zip ! '
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1332 Agenda Date:11/8/2018 Agenda #:1-L
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:JENNIFER K. CLARK, Director
Development and Resource Management Department
BY:MIKE SANCHEZ, Assistant Director
Development and Resource Management Department
SUBJECT:
***BILL NO.B-57 -(Intro.10/25/2018)(For adoption)-Adding California Building Code Chapter 12 to
Section 11-102 of the Fresno Municipal Code relating to amendments to the California Building Code
regarding efficiency units. (Subject to Mayor’s veto)
RECOMMENDATIONS:
Adoption of Ordinance Bill adopting findings related to California Building Code Chapter 12 to Section
11-102 of the Fresno Municipal Code relating to amendments to the California Building Code
regarding efficiency units..
EXECUTIVE SUMMARY:
There exist numerous older buildings,many of which have been designated as historic within the city
limits,especially in the Downtown Core Area.There have been several private interests in
developing these taller,architecturally significant structures.The City of Fresno’s General Plan,
Downtown Community Plan,Fulton Corridor Specific Plan and Development Code all contain policies
and standards that promote the reuse of these buildings.
In efforts to implement these policies there will be a need to amend Section 11-102 of the Municipal
Code to be consistent with the City Development Code.More specifically,it is recommended that the
addition of CBC Chapter 12 to Section 11-102 of the Fresno Municipal Code to reference Section
1208.4 of the California Building Code regarding efficiency units be approved.The proposed
amendment will reduce the minimum square footage from 220 square feet to 150 square feet in a
single room occupancy unit (Efficiency Unit).
City of Fresno Printed on 3/10/2023Page 1 of 2
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File #:ID18-1332 Agenda Date:11/8/2018 Agenda #:1-L
BACKGROUND:
There exist numerous older buildings,many of which have been designated as historic within the city
limits,especially in the Downtown Core Area.There have been several private interests in
developing these taller,architecturally significant structures.The City of Fresno’s General Plan,
Downtown Community Plan,Fulton Corridor Specific Plan and Development Code all contain policies
and standards that promote the reuse of these buildings.
In efforts to implement these policies there will be a need to amend Section 11-102 of the Municipal
Code to be consistent with the City Development Code.More specifically,it is recommended that the
addition of CBC Chapter 12 to Section 11-102 of the Fresno Municipal Code to reference Section
1208.4 of the California Building Code regarding efficiency units be approved.The proposed
amendment will reduce the minimum square footage from 220 square feet to 150 square feet in a
single room occupancy unit (Efficiency Unit).
The proposed modification to Section 1208.4 of the California Building Code decreasing the minimum
square footage of a living room area from 220 square feet to 150 square feet in a single room
occupancy unit (Efficiency Unit)is reasonably necessary because of local climatic,geological,or
topographical conditions.The local architectural conditions of existing buildings and recent General
Plan,Downtown Community Plan,Fulton Corridor Specific Plan and Development Code policies and
regulations that promote rehabilitation and active reuse of such buildings make it reasonably
necessary to adopt this amendment to the California Building Code.
ENVIRONMENTAL FINDINGS:
This is not a project for the purposes of CEQA, pursuant to CEQA guidelines Section 15378.
LOCAL PREFERENCES:
Local preference was not implemented because this item is an amendment to an existing ordinance.
FISCAL IMPACT:
No additional General Fund appropriations are required for this ordinance.
Attachment:
Ordinance Bill
City of Fresno Printed on 3/10/2023Page 2 of 2
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1302 Agenda Date:11/8/2018 Agenda #:
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:JEFF CARDELL, Director
Personnel Services Department
BY:KEN PHILLIPS, Labor Relations Manager
Personnel Services Department
SUBJECT
1.***Adopt a Side Letter of Agreement with the Fresno City Employees Association (FCEA)for
Unit 3, Non-Supervisory White Collar (Subject to Mayor’s Veto)
2.***RESOLUTION -7th Amendment to FY 2019 Salary Resolution No.2018-159,amending
Exhibit 3,Unit 3,Non-Supervisory White Collar (FCEA)as required by the Side Letter of
Agreement with the Fresno City Employees Association (Subject to Mayor’s Veto)
RECOMMENDATION
It is recommended Council:(1)approve the attached Side Letter of Agreement with the Fresno City
Employees Association (FCEA),Unit 3,Non-Supervisory White Collar to implement equity
adjustments to salaries for certain classes,add the new classifications of Police Support Records
Clerk and Police Support Records Technician,discontinue the Records Clerks’Incentive provision in
the MOU and provide a prorated incentive for employees who would have otherwise received the
incentive;and (2)adopt the Seventh Amendment to the Fiscal Year 2019 Salary Resolution No.2018
-159, amending salaries in Exhibit 3, Unit 3, Non-Supervisory White Collar (FCEA).
EXECUTIVE SUMMARY
The City and FCEA reached a tentative agreement on a Side Letter of Agreement resulting from a
Classification and Compensation Study which implements an initial phase of equity adjustments to
salaries for certain classes,adds the new classifications of Police Support Records Clerk and Police
Support Records Technician,and discontinues the Records Clerks’Incentive provision in the MOU
for employees in the classes of Administrative Clerk I/II/Senior assigned to the Police Department
Records Bureau and provides a prorated amount of the incentive for the current year.To implement
the Side Letter of Agreement it is necessary to approve the Seventh Amendment to FY 2019 Salary
Resolution No.2018-159,amending Exhibit 3,Unit 3,Non-Supervisory White Collar (FCEA).The
City of Fresno Printed on 3/10/2023Page 1 of 3
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File #:ID18-1302 Agenda Date:11/8/2018 Agenda #:
Side Letter of Agreement and Salary Resolution Amendment are effective November 12, 2018.
BACKGROUND
In 2018,the City and FCEA completed a Classification and Compensation Study resulting in
recommended classification and compensation adjustments to certain classes on the basis of internal
and external equity as well as demonstrated recruitment and retention issues.Due to limited
availability of resources, the City and FCEA agreed to implementation of the Study results in phases.
The first phase of implementation includes Equity Increases to address critical recruitment or
retention issues,and addresses,in part,internal and external equity.Additionally,as part of the study,
the new classifications of Police Support Services Clerk and Police Support Services Technician
were developed to better define the duties and responsibilities of incumbents assigned to the Police
Department Records Bureau and Court Liaison Office/Prosecution Liaison Office.These new
classifications will result in the reclassification of employees in the classes of Administrative Clerk I/II
to Police Support Services Clerk and the reclassification of employees in the class of Senior
Administrative Clerk to Police Support Services Technician.Further,effective November 12,2018,
the Records’Clerk Incentive provision in the MOU will be discontinued and eligible employees in the
Police Department Records Bureau who would have otherwise received a Records’Clerk Incentive
will receive a prorated incentive based on the time since their last incentive payment and November
11, 2018.
The parties reached a tentative agreement on October 10, 2018.
The City Attorney’s Office has approved the Side Letter of Agreement and the Salary Resolution
Amendment as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this
item does not qualify as a “project”and is therefore exempt from the California Environmental Quality
Act requirements.
LOCAL PREFERENCE
Local preference is not implicated because this item does not involve public contracting or bidding
with the City of Fresno.
FISCAL IMPACT
Approval of the Side Letter of Agreement and Salary Resolution Amendment for will result in
additional salary and benefit expenses of approximately $254,823 to the General Fund and
$582,753 to All Funds in Fiscal Year 2019;and approximately $442,020 to the General Fund and
$974,906 to All Funds in Fiscal Year 2020.The additional expenses have been included in the Fiscal
Year 2019 budget.
Attachments:
City of Fresno/FCEA Side Letter of Agreement
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File #:ID18-1302 Agenda Date:11/8/2018 Agenda #:
Attachment I - FCEA Classification and Compensation Equity Adjustments
Costing for Side Letter of Agreement
Resolution: Seventh Amendment to FY 2019 Salary Resolution No. 2018-159
Salary Tables: Seventh Amendment to FY 2019 Salary Resolution No. 2018-159 - Redline
Salary Tables: Seventh Amendment to FY 2019 Salary Resolution No. 2018-159 - Final
City of Fresno Printed on 3/10/2023Page 3 of 3
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FCEA CLASSIFICATION AND COMPENSATION
FISCAL YEAR 2019 EQUITY INCREASES
ATTACHMENT I
Last Revised 10/8/2018
Page 1 of 1
# of
PCNs Job Title Equity %
Increase
5 Airports Operations Officer 0.66%
1 Billing System Specialist 12.57%
0 Customer Services Clerk I 9.36%
41 Customer Services Clerk II 9.63%
73 Emergency Services Dispatcher II 2.63%
14 Emergency Services Dispatcher III 2.63%
6 Environmental Control Officer 2.59%
3 Fleet Operations Specialist 0.89%
2 Housing Rehabilitation Specialist 2.03%
1 Industrial/Commercial Water Conservation Rep 2.76%
2 Inorganic Chemist 2.57%
0 Laboratory Assistant 2.00%
0 Laboratory Technician I 2.14%
10 Laboratory Technician II 2.34%
2 Landscape Water Conservation Specialist 4.87%
1 Paratransit Specialist 2.35%
3 Plans and Permit Technician 6.00%
5 Plans Examiner 3.50%
2 Police Data Transcriptionist 13.31%
10 Police Support Svcs Clerk 13.09%
30 Police Support Svcs Tech 13.31%
10 Radio Dispatcher 6.09%
0 Retirement Counselor I 1.89%
4 Retirement Counselor II 2.16%
12 Senior Customer Services Clerk 14.31%
2 Senior Laboratory Technician 4.09%
5 Senior Network Systems Specialist 10.80%
2 Senior Plans Examiner 2.50%
1 Senior Utility Service Representative 4.93%
9 Senior Water Systems Telemetry & DC Spec 10.80%
8 Storeskeeper 5.28%
3 Traffic Signal Operations Specialist 8.00%
1 Transit Scheduler 8.00%
1 Tree Program Specialist 0.24%
0 Utility Service Representative I 4.31%
10 Utility Service Representative II 4.64%
2 Water Systems Telemetry & DC Specialist 10.20%
Base Data as of 9/12/2018
FCEA CLASS AND COMP
COSTING
Last Revised 9/27/2018
FY19 General Fund FY19 All Funds FY20 General Fund FY20 All Funds
Equity Increases Nov. 2018 w/ Pension & Medicare 254,823$ 582,753$ 442,020$ 974,906$
Total FY19 254,823$ 582,753$
Total FY20 442,020$ 974,906$
NOTES:
Effective date of equity increases assumes 11/12/2018 which would be 16 of 26 pay periods in FY19.
Pension cost is 10.58% for employees hired before 10/3/2016 and 9.08% for employees hired on/after 10/3/2016.
Social Security cost for part-time Employees is 6.2%.
Medicare cost is 1.45%.
FY20 cost does not include cost of 2.5% wage increase.
SEE APPENDIX FOR FOOTNOTES Page 3.1
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
6/25/201811/12/2018 Fifth Seventh Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective June 25, 2018November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E
F
Account Clerk I 1300013 63 2623 2742 2866 3000 3141 -
Account Clerk II 1300023 123 2866 3000 3141 3283 3435 -
Accountant-Auditor I 1300114 124 3857 4033 4220 4425 4633 -
Accountant-Auditor II 1300124 124 4466 4672 4900 5133 5376 -
Accounting Technician 130010 12 3435 3597 3766 3940 4127 -
Administrative Clerk I 1100013 63 2434 2547 2660 2783 2910 -
Administrative Clerk II 1100023 123 2660 2783 2910 3045 3187 -
Airports Operations Officer 310006 12 3863
3837
4050
4023
4248
4220
4456
4426
4671
4640 -
Airports Property Specialist I 1750014 124 4545 4764 4991 5226 5479
Airports Property Specialist II 1750024 124 5267 5519 5785 6059 6353 -
Associate Electrical Safety
Consultant I 230022 12 5079 5320 5576 5839 6121 -
Associate Electrical Safety
Consultant II 230023 12 5320 5576 5839 6121 6417 -
Associate Environmental & Safety
Consultant I 230003 12 5079 5320 5576 5839 6121 -
Associate Environmental & Safety
Consultant II 230004 12 5320 5576 5839 6121 6417 -
Associate Plumbing & Mechanical
Consultant I 230012 12 5079 5320 5576 5839 6121 -
Associate Plumbing & Mechanical
Consultant II 230013 12 5320 5576 5839 6121 6417 -
Billing System Specialist 125075 12 3856
3425
4037
3586
4228
3755
4419
3925
4626
4109 -
Budget Technician 135005 12 3489 3651 3823 4002 4192 -
Building Inspector I 2300074 124 4848 5079 5320 5576 5839 -
Building Inspector II 2300084 124 5079 5320 5576 5839 6121 -
Building Inspector III 230009 12 5320 5576 5839 6121 6417 -
SEE APPENDIX FOR FOOTNOTES Page 3.2
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services
Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve
a minimum one year probationary period.
* New class effective July 23, 2018
6/25/2018 Fifth Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective June 25, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Call Center Representative I 1150703 63 2866 3000 3147 3283 3435 -
Call Center Representative II 1150713 123 3141 3283 3435 3597 3766 -
Central Printing Clerk 120005 12 2660 2783 2910 3045 3187 -
City Records Specialist 115025 12 3489 3651 3823 4002 4192 -
Commercial Building Inspector 230015 12 5079 5320 5576 5839 6121 -
Community Recreation Assistant 520010 12 2896 3026 3152 3278 3423 -
Community Revitalization Specialist 230053 12 4731 4959 5198 5481 5710 -
Community Revitalization Technician 230059 12 3291 3444 3604 3775 3953 -
Community Services Officer I 4100254 124 3008 3146 3291 3444 3604 -
Community Services Officer II 4100264 124 3291 3444 3604 3775 3953 -
Computer Systems Specialist I 1250104 124 4145 4338 4544 4762 4988 -
Computer Systems Specialist II 1250114 124 4870 5100 5345 5600 5871 -
Computer Systems Specialist III 125012 12 5460 5721 5998 6284 6589 -
Construction Compliance Specialist 150055 12 4057 4242 4444 4656 4874 -
Crime Scene Technician I 4100104 124 3882 4064 4255 4458 4670 -
Crime Scene Technician II 4100114 124 4255 4458 4670 4891 5127 -
Crime Specialist 410008 12 4870 5100 5345 5600 5871 -
Customer Services Clerk I 1150603 63 2623 2742 2866 3000 3141 -
Customer Services Clerk II 1150613 123 2866 3000 3141 3283 3435 -
Deputy City Clerk 115028* 12 3045 3187 3334 3489 3651 -
Development Services Coordinator 230057 12 4724 4983 5225 5475 5737 -
Digital Forensics Analyst 410050 12 6256 6569 6897 7241 7603 -
Emergency Services Dispatcher I 4100015 125 3549 3692 3845 4022 4191 -
Emergency Services Dispatcher II 4100025 125 3801 3981 4171 4368 4568 -
Emergency Services Dispatcher III 410003 12 4249 4444 4660 4875 5106 -
SEE APPENDIX FOR FOOTNOTES Page 3.33.2
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required. 4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services
Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve
a minimum one year probationary period.
* New class effective July 23, 2018
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective September 3, 2018November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Call Center Representative I 1150703 63 2866 3000 3147 3283 3435 -
Call Center Representative II 1150713 123 3141 3283 3435 3597 3766 -
Central Printing Clerk 120005 12 2660 2783 2910 3045 3187 -
City Records Specialist 115025 12 3489 3651 3823 4002 4192 -
Commercial Building Inspector 230015 12 5079 5320 5576 5839 6121 -
Community Recreation Assistant 520010 12 2896 3026 3152 3278 3423 -
Community Revitalization Specialist 230053 12 4731 4959 5198 5481 5710 -
Community Revitalization Technician 230059 12 3291 3444 3604 3775 3953 -
Community Services Officer I 4100254 124 3008 3146 3291 3444 3604 -
Community Services Officer II 4100264 124 3291 3444 3604 3775 3953 -
Computer Systems Specialist I 1250104 124 4145 4338 4544 4762 4988 -
Computer Systems Specialist II 1250114 124 4870 5100 5345 5600 5871 -
Computer Systems Specialist III 125012 12 5460 5721 5998 6284 6589 -
Construction Compliance Specialist 150055 12 4057 4242 4444 4656 4874 -
Crime Scene Technician I 4100104 124 3882 4064 4255 4458 4670 -
Crime Scene Technician II 4100114 124 4255 4458 4670 4891 5127 -
Crime Specialist 410008 12 4870 5100 5345 5600 5871 -
Customer Services Clerk I 1150603 63 2869
2623
2999
2742
3135
2866
3281
3000
3435
3141 -
Customer Services Clerk II 1150613 123 3142
2866
3289
3000
3444
3141
3600
3283
3766
3435 -
Deputy City Clerk 115028* 12 3045 3187 3334 3489 3651 -
Development Services Coordinator 230057 12 4724 4983 5225 5475 5737 -
Digital Forensics Analyst 410050 12 6256 6569 6897 7241 7603 -
Emergency Services Dispatcher I 4100015 125 3638 3785 3942 4123 4296 -
Emergency Services Dispatcher II 4100025 125 4000
3897
4189
4081
4389
4276
4596
4478
4806
4683 -
Emergency Services Dispatcher III 410003 12 4471
4356
4676
4556
4903
4777
5129
4997
5372
5234 -
SEE APPENDIX FOR FOOTNOTES Page 3.33.2
9/3/201811/12/2018 Fifth Seventh Council Amendment
Supersedes Original
SEE APPENDIX FOR FOOTNOTES Page 3.43.3
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective June 25, 2018November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Engineer I 2100154 124 4614 4830 5058 5302 5546 -
Engineer II 2100164 124 5339 5584 5852 6128 6436 -
Engineering Aide I 2100013 63 3037 3171 3317 3471 3636 -
Engineering Aide II 2100023 123 3488 3651 3816 3994 4188 -
Engineering Inspector I 2300754 124 4500 4729 4942 5175 5426 -
Engineering Inspector II 2300764 124 4918 5150 5398 5656 5927 -
Engineering Technician I 2100054 124 3567 3734 3914 4089 4281 -
Engineering Technician II 2100064 124 3994 4188 4382 4586 4806 -
Environmental Control Officer 620001 12 4557
4441
4774
4653
4995
4868
5233
5100
5480
5341 -
Facilities Construction Specialist 230085 12 4656 4873 5106 5348 5605 -
Fire Prevention Inspector I 4200014 124 4115 4308 4504 4724 4950 -
Fire Prevention Inspector II 4200024 124 4743 4959 5198 5452 5710 -
Fleet Operations Specialist 710105 12 4351
4312
4554
4513
4773
4730
4998
4953
5238
5191 -
Geographic Information System
(GIS) Specialist 125025 12 5460 5721 5998 6284 6589 -
Graphics Technician 120013 12 3746 3927 4119 4318 4529 -
Helicopter Pilot 410033 12 5706 5984 6279 6586 6910 -
Housing Rehabilitation Specialist 230056 12 4717
4623
4947
4848
5191
5087
5445
5336
5710
5596 -
Industrial/Commercial Water
Conservation Representative 610015 12 4564
4441
4782
4653
5003
4868
5241
5100
5489
5341 -
Inorganic Chemist 620020 12 4619
4503
4842
4720
5072
4944
5314
5180
5567
5427 -
Laboratory Assistant 620010 12 3185
3122
3336
3270
3490
3421
3653
3581
3823
3748 -
Laboratory Technician I 6200114 124 3829
3748
4008
3924
4197
4109
4394
4301
4600
4503 -
Laboratory Technician II 6200124 124 4206
4109
4402
4301
4609
4503
4831
4720
5060
4944 -
Landscape Water Conservation
Specialist 610005 12 4551
4339
4767
4545
4995
4763
5232
4989
5480
5225 -
SEE APPENDIX FOR FOOTNOTES Page 3.43.3
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
6/25/201811/12/2018 Fifth Seventh Council Amendment
Supersedes Original
SEE APPENDIX FOR FOOTNOTES Page 3.53.4
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective June 25, 2018November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Law Office Assistant 115021 12 3702 3881 4071 4269 4476 -
Network Systems Specialist 125030 12 5460 5721 5998 6284 6589 -
PAR Program Specialist 410023 12 3291 3444 3604 3775 3953 -
Paratransit Specialist 320005 12 3506
3425
3671
3586
3844
3755
4018
3925
4206
4109 -
Parking Controller I 7101204 124 2575 2680 2792 2902 3026 -
Parking Controller II 7101214 124 2799 2917 3037 3160 3305 -
Parking Controller III 710122 12 3037 3160 3305 3438 3587 -
Phlebotomist 410007 12 3122 3270 3421 3581 3748 -
Planner I 2200053 63 4038 4221 4423 4635 4857 -
Planner II 2200063 123 4724 4983 5225 5475 5737 -
Plans and Permit Technician 220002 12 4362
4115
4567
4308
4775
4504
5008
4724
5247
4950 -
Plans Examiner 210041 12 4910
4743
5133
4959
5380
5198
5643
5452
5910
5710 -
Police Data Transcriptionist 115035 12 3612
3187
3778
3334
3954
3489
4137
3651
4332
3823 -
Police Support Services Clerk 115043 12 3008 3146 3291 3444 3604 -
Police Support Services Technician 115044 12 3291 3444 3604 3775 3953 -
Principal Account Clerk 130004 12 3435 3597 3766 3940 4127 -
Procurement Specialist 140002 12 4398 4607 4825 5054 5297 -
Program Compliance Officer 640026 12 3760 3945 4137 4339 4551 -
Programmer/Analyst I 1250204 124 4145 4338 4544 4762 4988 -
Programmer/Analyst II 1250214 124 4870 5100 5345 5600 5871 -
Programmer/Analyst III 125022 12 5460 5721 5998 6284 6589 -
Programmer/Analyst IV 125023 12 5851 6136 6433 6740 7065 -
Property & Evidence Technician 145010 12 3615 3784 3962 4150 4344 -
Radio Dispatcher 120015 12 3231
3045
3376
3182
3517
3315
3672
3461
3823
3603 -
Rangemaster/Armorer 410035 12 4458 4670 4891 5127 5370 -
Real Estate Finance Specialist I 1700014 124 3684 3857 4033 4225 4425 -
Real Estate Finance Specialist II 1700024 124 4195 4394 4603 4820 5049 -
SEE APPENDIX FOR FOOTNOTES Page 3.53.4
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
6/25/201811/12/2018 Fifth Seventh Council Amendment
Supersedes Original
SEE APPENDIX FOR FOOTNOTES Page 3.63.5
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective June 25, 2018November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Recreation Specialist 520005 12 3503 3665 3837 4018 4206 -
Retirement Counselor I 1350504 124 3500
3435
3665
3597
3838
3766
4017
3942
4206
4127 -
Retirement Counselor II 1350514 124 3848
3766
4028
3942
4217
4127
4416
4322
4626
4528 -
Safety and Training Specialist 150050 12 4109 4309 4521 4742 4974 -
Secretary 110050 12 3187 3334 3489 3651 3823 -
Senior Account Clerk 130003 12 3141 3283 3435 3597 3766 -
Senior Administrative Clerk 110003 12 2910 3045 3187 3334 3489 -
Senior Call Center Representative 115072 12 3563 3734 3915 4105 4305 -
Senior Commercial Building
Inspector 230016 12 5320 5576 5839 6121 6417 -
Senior Community Revitalization
Specialist 230054 12 5304 5553 5812 6093 6389 -
Senior Community Services Officer 410027 12 3531 3695 3868 4048 4241 -
Senior Crime Scene Technician 410012 12 4458 4670 4891 5127 5370 -
Senior Customer Services Clerk 115062 12 3591
3141
3753
3283
3927
3435
4112
3597
4305
3766 -
Senior Deputy City Clerk 115029* 12 3489 3651 3823 4002 4192 -
Senior Engineering Technician 210007 12 4614 4830 5058 5302 5546 -
Senior Fire Prevention Inspector 420003 12 5304 5553 5812 6093 6389 -
Senior Laboratory Technician 620013 12 4688
4503
4914
4720
5147
4944
5392
5180
5649
5427 -
Senior Network Systems Specialist 125031 12 6483
5851
6799
6136
7128
6433
7468
6740
7829
7065 -
Senior Plans Examiner 210042 12 5437
5304
5692
5553
5958
5812
6246
6093
6549
6389 -
Senior Procurement Specialist 140003 12 4825 5054 5297 5550 5813 -
Senior Property & Evidence
Technician 145011 12 3962 4150 4344 4548 4767 -
Senior Records Clerk 110101 12 3045 3187 3334 3489 3651 -
Senior Secretary 110051 12 3489 3651 3823 4002 4192 -
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to
the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
* New class effective July 23, 2018
6/25/201811/12/2018 Fifth Seventh Council Amendment
Supersedes Original
SEE APPENDIX FOR FOOTNOTES Page 3.63.5
SEE APPENDIX FOR FOOTNOTES Page 3.73
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA) , effective June 25, 2018November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Senior Storeskeeper 145002 12 3615 3784 3962 4150 4344 -
Senior Utility Service
Representative 230092 12 3846
3665
4027
3837
4217
4018
4414
4206
4626
4408 -
Senior Water Systems Telemetry
& Distributed Control Specialist 610022 12 6483
5851
6799
6136
7074
6384
7468
6740
7829
7065 -
Staff Assistant 150001 12 3425 3586 3755 3925 4109 -
Storeskeeper 145001 12 3475
3300
3638
3455
3806
3615
3984
3784
4172
3962 -
Survey Party Technician 210030 12 3994 4188 4382 4586 4806 -
Tax/Permit Inspector 135001 12 4113 4307 4503 4724 4949 -
Traffic Signal Operations
Specialist 710150 12 5897
5460
6179
5721
6478
5998
6787
6284
7117
6589 -
Transit Scheduler 320049 12 5897
5460
6179
5721
6478
5998
6787
6284
7117
6589 -
Tree Program Specialist 510015 12 4350
4339
4556
4545
4775
4763
5001
4989
5238
5225 -
Utility Service Representative I 2300904 124 3189
3057
3335
3197
3489
3344
3653
3502
3823
3665 -
Utility Service Representative II 2300914 124 3500
3344
3665
3502
3836
3665
4016
3837
4205
4018 -
Wastewater Reclamation
Coordinator 620035 12 4545 4764 4991 5226 5479 -
Water Conservation
Representative 610001 12 3290 3444 3604 3774 3952 -
Water Systems Telemetry &
Distributed Control Specialist 610021 12 5367
4870
5621
5100
5891
5345
6172
5600
6470
5871 -
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to
the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
6/25/201811/12/2018 Fifth Seventh Council Amendment
Supersedes Original
SEE APPENDIX FOR FOOTNOTES Page 3.1
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
11/12/2018 Seventh Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E
F
Account Clerk I 1300013 63 2623 2742 2866 3000 3141 -
Account Clerk II 1300023 123 2866 3000 3141 3283 3435 -
Accountant-Auditor I 1300114 124 3857 4033 4220 4425 4633 -
Accountant-Auditor II 1300124 124 4466 4672 4900 5133 5376 -
Accounting Technician 130010 12 3435 3597 3766 3940 4127 -
Administrative Clerk I 1100013 63 2434 2547 2660 2783 2910 -
Administrative Clerk II 1100023 123 2660 2783 2910 3045 3187 -
Airports Operations Officer 310006 12 3863 4050 4248 4456 4671 -
Airports Property Specialist I 1750014 124 4545 4764 4991 5226 5479
Airports Property Specialist II 1750024 124 5267 5519 5785 6059 6353 -
Associate Electrical Safety
Consultant I 230022 12 5079 5320 5576 5839 6121 -
Associate Electrical Safety
Consultant II 230023 12 5320 5576 5839 6121 6417 -
Associate Environmental & Safety
Consultant I 230003 12 5079 5320 5576 5839 6121 -
Associate Environmental & Safety
Consultant II 230004 12 5320 5576 5839 6121 6417 -
Associate Plumbing & Mechanical
Consultant I 230012 12 5079 5320 5576 5839 6121 -
Associate Plumbing & Mechanical
Consultant II 230013 12 5320 5576 5839 6121 6417 -
Billing System Specialist 125075 12 3856 4037 4228 4419 4626 -
Budget Technician 135005 12 3489 3651 3823 4002 4192 -
Building Inspector I 2300074 124 4848 5079 5320 5576 5839 -
Building Inspector II 2300084 124 5079 5320 5576 5839 6121 -
Building Inspector III 230009 12 5320 5576 5839 6121 6417 -
SEE APPENDIX FOR FOOTNOTES Page 3.2
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services
Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve
a minimum one year probationary period.
* New class effective July 23, 2018
6/25/2018 Fifth Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective June 25, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Call Center Representative I 1150703 63 2866 3000 3147 3283 3435 -
Call Center Representative II 1150713 123 3141 3283 3435 3597 3766 -
Central Printing Clerk 120005 12 2660 2783 2910 3045 3187 -
City Records Specialist 115025 12 3489 3651 3823 4002 4192 -
Commercial Building Inspector 230015 12 5079 5320 5576 5839 6121 -
Community Recreation Assistant 520010 12 2896 3026 3152 3278 3423 -
Community Revitalization Specialist 230053 12 4731 4959 5198 5481 5710 -
Community Revitalization Technician 230059 12 3291 3444 3604 3775 3953 -
Community Services Officer I 4100254 124 3008 3146 3291 3444 3604 -
Community Services Officer II 4100264 124 3291 3444 3604 3775 3953 -
Computer Systems Specialist I 1250104 124 4145 4338 4544 4762 4988 -
Computer Systems Specialist II 1250114 124 4870 5100 5345 5600 5871 -
Computer Systems Specialist III 125012 12 5460 5721 5998 6284 6589 -
Construction Compliance Specialist 150055 12 4057 4242 4444 4656 4874 -
Crime Scene Technician I 4100104 124 3882 4064 4255 4458 4670 -
Crime Scene Technician II 4100114 124 4255 4458 4670 4891 5127 -
Crime Specialist 410008 12 4870 5100 5345 5600 5871 -
Customer Services Clerk I 1150603 63 2623 2742 2866 3000 3141 -
Customer Services Clerk II 1150613 123 2866 3000 3141 3283 3435 -
Deputy City Clerk 115028* 12 3045 3187 3334 3489 3651 -
Development Services Coordinator 230057 12 4724 4983 5225 5475 5737 -
Digital Forensics Analyst 410050 12 6256 6569 6897 7241 7603 -
Emergency Services Dispatcher I 4100015 125 3549 3692 3845 4022 4191 -
Emergency Services Dispatcher II 4100025 125 3801 3981 4171 4368 4568 -
Emergency Services Dispatcher III 410003 12 4249 4444 4660 4875 5106 -
SEE APPENDIX FOR FOOTNOTES Page 3.2
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level. 5 This class is in a flexibly-staffed series. The probationary period for employees in the Emergency Services
Dispatcher I class shall be up to 18 months, at the discretion of management. An employee in this series must serve
a minimum one year probationary period.
* New class effective July 23, 2018
11/12/2018 Seventh Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Call Center Representative I 1150703 63 2866 3000 3147 3283 3435 -
Call Center Representative II 1150713 123 3141 3283 3435 3597 3766 -
Central Printing Clerk 120005 12 2660 2783 2910 3045 3187 -
City Records Specialist 115025 12 3489 3651 3823 4002 4192 -
Commercial Building Inspector 230015 12 5079 5320 5576 5839 6121 -
Community Recreation Assistant 520010 12 2896 3026 3152 3278 3423 -
Community Revitalization Specialist 230053 12 4731 4959 5198 5481 5710 -
Community Revitalization Technician 230059 12 3291 3444 3604 3775 3953 -
Community Services Officer I 4100254 124 3008 3146 3291 3444 3604 -
Community Services Officer II 4100264 124 3291 3444 3604 3775 3953 -
Computer Systems Specialist I 1250104 124 4145 4338 4544 4762 4988 -
Computer Systems Specialist II 1250114 124 4870 5100 5345 5600 5871 -
Computer Systems Specialist III 125012 12 5460 5721 5998 6284 6589 -
Construction Compliance Specialist 150055 12 4057 4242 4444 4656 4874 -
Crime Scene Technician I 4100104 124 3882 4064 4255 4458 4670 -
Crime Scene Technician II 4100114 124 4255 4458 4670 4891 5127 -
Crime Specialist 410008 12 4870 5100 5345 5600 5871 -
Customer Services Clerk I 1150603 63 2869 2999 3135 3281 3435 -
Customer Services Clerk II 1150613 123 3142 3289 3444 3600 3766 -
Deputy City Clerk 115028* 12 3045 3187 3334 3489 3651 -
Development Services Coordinator 230057 12 4724 4983 5225 5475 5737 -
Digital Forensics Analyst 410050 12 6256 6569 6897 7241 7603 -
Emergency Services Dispatcher I 4100015 125 3638 3785 3942 4123 4296 -
Emergency Services Dispatcher II 4100025 125 4000 4189 4389 4596 4806 -
Emergency Services Dispatcher III 410003 12 4471 4676 4903 5129 5372 -
SEE APPENDIX FOR FOOTNOTES Page 3.3
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
11/12/2018 Seventh Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Engineer I 2100154 124 4614 4830 5058 5302 5546 -
Engineer II 2100164 124 5339 5584 5852 6128 6436 -
Engineering Aide I 2100013 63 3037 3171 3317 3471 3636 -
Engineering Aide II 2100023 123 3488 3651 3816 3994 4188 -
Engineering Inspector I 2300754 124 4500 4729 4942 5175 5426 -
Engineering Inspector II 2300764 124 4918 5150 5398 5656 5927 -
Engineering Technician I 2100054 124 3567 3734 3914 4089 4281 -
Engineering Technician II 2100064 124 3994 4188 4382 4586 4806 -
Environmental Control Officer 620001 12 4557 4774 4995 5233 5480 -
Facilities Construction Specialist 230085 12 4656 4873 5106 5348 5605 -
Fire Prevention Inspector I 4200014 124 4115 4308 4504 4724 4950 -
Fire Prevention Inspector II 4200024 124 4743 4959 5198 5452 5710 -
Fleet Operations Specialist 710105 12 4351 4554 4773 4998 5238 -
Geographic Information System
(GIS) Specialist 125025 12 5460 5721 5998 6284 6589 -
Graphics Technician 120013 12 3746 3927 4119 4318 4529 -
Helicopter Pilot 410033 12 5706 5984 6279 6586 6910 -
Housing Rehabilitation Specialist 230056 12 4717 4947 5191 5445 5710 -
Industrial/Commercial Water
Conservation Representative 610015 12 4564 4782 5003 5241 5489 -
Inorganic Chemist 620020 12 4619 4842 5072 5314 5567 -
Laboratory Assistant 620010 12 3185 3336 3490 3653 3823 -
Laboratory Technician I 6200114 124 3829 4008 4197 4394 4600 -
Laboratory Technician II 6200124 124 4206 4402 4609 4831 5060 -
Landscape Water Conservation
Specialist 610005 12 4551 4767 4995 5232 5480 -
SEE APPENDIX FOR FOOTNOTES Page 3.4
3 This class is in a flexibly-staffed series which allows an employee to “flex” to the journey level after six months of
satisfactory service for a total probationary period of twelve months. In those cases in which an employee is hired at
the journey level, twelve months of satisfactory service is required.
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex”
to the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
11/12/2018 Seventh Council Amendment
Supersedes Original
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Law Office Assistant 115021 12 3702 3881 4071 4269 4476 -
Network Systems Specialist 125030 12 5460 5721 5998 6284 6589 -
PAR Program Specialist 410023 12 3291 3444 3604 3775 3953 -
Paratransit Specialist 320005 12 3506 3671 3844 4018 4206 -
Parking Controller I 7101204 124 2575 2680 2792 2902 3026 -
Parking Controller II 7101214 124 2799 2917 3037 3160 3305 -
Parking Controller III 710122 12 3037 3160 3305 3438 3587 -
Phlebotomist 410007 12 3122 3270 3421 3581 3748 -
Planner I 2200053 63 4038 4221 4423 4635 4857 -
Planner II 2200063 123 4724 4983 5225 5475 5737 -
Plans and Permit Technician 220002 12 4362 4567 4775 5008 5247 -
Plans Examiner 210041 12 4910 5133 5380 5643 5910 -
Police Data Transcriptionist 115035 12 3612 3778 3954 4137 4332 -
Police Support Services Clerk 115043 12 3008 3146 3291 3444 3604 -
Police Support Services Technician 115044 12 3291 3444 3604 3775 3953 -
Principal Account Clerk 130004 12 3435 3597 3766 3940 4127 -
Procurement Specialist 140002 12 4398 4607 4825 5054 5297 -
Program Compliance Officer 640026 12 3760 3945 4137 4339 4551 -
Programmer/Analyst I 1250204 124 4145 4338 4544 4762 4988 -
Programmer/Analyst II 1250214 124 4870 5100 5345 5600 5871 -
Programmer/Analyst III 125022 12 5460 5721 5998 6284 6589 -
Programmer/Analyst IV 125023 12 5851 6136 6433 6740 7065 -
Property & Evidence Technician 145010 12 3615 3784 3962 4150 4344 -
Radio Dispatcher 120015 12 3231 3376 3517 3672 3823 -
Rangemaster/Armorer 410035 12 4458 4670 4891 5127 5370 -
Real Estate Finance Specialist I 1700014 124 3684 3857 4033 4225 4425 -
Real Estate Finance Specialist II 1700024 124 4195 4394 4603 4820 5049 -
SEE APPENDIX FOR FOOTNOTES Page 3.5
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA), effective November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Recreation Specialist 520005 12 3503 3665 3837 4018 4206 -
Retirement Counselor I 1350504 124 3500 3665 3838 4017 4206 -
Retirement Counselor II 1350514 124 3848 4028 4217 4416 4626 -
Safety and Training Specialist 150050 12 4109 4309 4521 4742 4974 -
Secretary 110050 12 3187 3334 3489 3651 3823 -
Senior Account Clerk 130003 12 3141 3283 3435 3597 3766 -
Senior Administrative Clerk 110003 12 2910 3045 3187 3334 3489 -
Senior Call Center Representative 115072 12 3563 3734 3915 4105 4305 -
Senior Commercial Building
Inspector 230016 12 5320 5576 5839 6121 6417 -
Senior Community Revitalization
Specialist 230054 12 5304 5553 5812 6093 6389 -
Senior Community Services Officer 410027 12 3531 3695 3868 4048 4241 -
Senior Crime Scene Technician 410012 12 4458 4670 4891 5127 5370 -
Senior Customer Services Clerk 115062 12 3591 3753 3927 4112 4305 -
Senior Deputy City Clerk 115029* 12 3489 3651 3823 4002 4192 -
Senior Engineering Technician 210007 12 4614 4830 5058 5302 5546 -
Senior Fire Prevention Inspector 420003 12 5304 5553 5812 6093 6389 -
Senior Laboratory Technician 620013 12 4688 4914 5147 5392 5649 -
Senior Network Systems Specialist 125031 12 6483 6799 7128 7468 7829 -
Senior Plans Examiner 210042 12 5437 5692 5958 6246 6549 -
Senior Procurement Specialist 140003 12 4825 5054 5297 5550 5813 -
Senior Property & Evidence
Technician 145011 12 3962 4150 4344 4548 4767 -
Senior Records Clerk 110101 12 3045 3187 3334 3489 3651 -
Senior Secretary 110051 12 3489 3651 3823 4002 4192 -
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to
the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
* New class effective July 23, 2018
11/12/2018 Seventh Council Amendment
Supersedes Original
SEE APPENDIX FOR FOOTNOTES Page 3
EXHIBIT 3
Unit 3 – Non-Supervisory White Collar (FCEA) , effective November 12, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E F
Senior Storeskeeper 145002 12 3615 3784 3962 4150 4344 -
Senior Utility Service
Representative 230092 12 3846 4027 4217 4414 4626 -
Senior Water Systems Telemetry
& Distributed Control Specialist 610022 12 6483 6799 7074 7468 7829 -
Staff Assistant 150001 12 3425 3586 3755 3925 4109 -
Storeskeeper 145001 12 3475 3638 3806 3984 4172 -
Survey Party Technician 210030 12 3994 4188 4382 4586 4806 -
Tax/Permit Inspector 135001 12 4113 4307 4503 4724 4949 -
Traffic Signal Operations
Specialist 710150 12 5897 6179 6478 6787 7117 -
Transit Scheduler 320049 12 5897 6179 6478 6787 7117 -
Tree Program Specialist 510015 12 4350 4556 4775 5001 5238 -
Utility Service Representative I 2300904 124 3189 3335 3489 3653 3823 -
Utility Service Representative II 2300914 124 3500 3665 3836 4016 4205 -
Wastewater Reclamation
Coordinator 620035 12 4545 4764 4991 5226 5479 -
Water Conservation
Representative 610001 12 3290 3444 3604 3774 3952 -
Water Systems Telemetry &
Distributed Control Specialist 610021 12 5367 5621 5891 6172 6470 -
4 This class is in a flexibly-staffed series, which requires one year of satisfactory service before an employee can “flex” to
the journey level. Employees in classes that require one year of service for flexing will not serve an additional
probationary period at the journey level.
11/12/2018 Seventh Council Amendment
Supersedes Original
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1334 Agenda Date:11/8/2018 Agenda #:
CEREMONIAL PRESENTATION
Presentation of the SPCA Pet of the Month
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1318 Agenda Date:11/8/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Madeline and Clifford Gartin Day”
City of Fresno Printed on 3/10/2023Page 1 of 1
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CITY OF FRESNO
Office of Mayor Lee Brand
_____________________________________________ __________________________________________
LEE BRAND, Honorable Mayor PAUL CAPRIOGLIO, Councilmember District 4
_____________________________________________ __________________________________________
ESMERALDA SORIA, Council President LUIS CHAVEZ, Councilmember District 5
_____________________________________________ __________________________________________
STEVE BRANDAU, Council Vice President GARRY BREDEFELD, Councilmember District 6
_____________________________________________ __________________________________________
OLIVER BAINES III, Councilmember 3 CLINT OLIVIER, Councilmember District 7
Whereas, Senior Corps is a network of national service programs for Americans 55 years and older,
made up of three primary programs that each take a different approach to improving lives and fostering
civic engagement. Senior Corps volunteers commit their time to address critical community needs including
academic tutoring and mentoring, elderly care, disaster relief support, and much more;
Whereas, Madeline and Clifford Gartin have been happily married for 63 years and continue to bring
much happiness to others through their volunteerism. Madeline has volunteered at City Hall at the
R.S.V.P. Information desk for several years and has become docent for many school tours. In addition,
she has volunteered for the California Highway Patrol;
Whereas, Clifford currently serves as an Ambassador representing the Fresno Yosemite International
Airport where his professionalism and knowledge has been demonstrated to all travelers for nearly 17
years. As a volunteer with the Fresno Veterans Home, Clifford provides companionship and
encouragement to all the Veterans that reside there. He spent 20 years setting the standards for the State
of California General Machinist Joint Apprenticeship Division. As well as, he was a volunteer Deputy
Commissioner of Marriages for the Fresno County and has performed over 1273 wedding ceremonies;
Whereas, National Service Participants demonstrate commitment, dedication, and patriotism by
making an intensive pledge to serve as volunteers in many areas needed. In doing so, Madeline and
Clifford Gartin have each dedicated over 5000 hours of service to the City of Fresno and constituents;
Whereas, the City of Fresno is proud to congratulate Madeline and Clifford Gartin for being recipients
of the Presidential Lifetime Achievement Award for National Services;
Now Therefore, Be It Resolved that Mayor Lee Brand and members of the Fresno City Council, do
hereby proclaim November 8, 2018, to be:
“Madeline & Clifford Gartin Day”
in the City of Fresno.
WITNESS WHEREOF,
We have hereunto set our hands and affixed the Seal of the City of Fresno,
This 8th day of November 2018
Madeline & Clifford Gartin Day
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1335 Agenda Date:11/8/2018 Agenda #:
MINUTES FOR APPROVAL
Approval of minutes from October 25, 2018.
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2600 Fresno Street
Fresno, CA 93721
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City of Fresno
Meeting Minutes - Draft
City Council
President - Esmeralda Z. Soria
Vice President - Steve Brandau
Councilmembers:
Oliver L. Baines, III, Paul Caprioglio, Luis Chavez,
Garry Bredefeld, Clinton J. Olivier
City Manager - Wilma Quan-Schecter
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
9:00 AM Council ChambersThursday, October 25, 2018
Regular Meeting
The City Council met in regular session in the Council Chambers, City Hall on the
date and time above written.
9:12 A.M. ROLL CALL
Councilmember Baines was absent during Roll Call and arrived at 9:45
A.M.
President Esmeralda Z. Soria
Vice President Steve Brandau
Councilmember Oliver L. Baines III
Councilmember Paul Caprioglio
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Clinton Olivier
Present:7 -
Invocation by Councilmember Olivier
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda: File
ID18-1228 (1-H) - re: approval of Side Letters of agreement with various
unions - should be Subject to Mayor's veto; File ID18-1246 (1-I) pertaining
to the Amalgamated Transit Union, Local 1027 (ATU) has been continued to
City of Fresno ***Subject to Mayoral Veto Page 1
October 25, 2018City Council Meeting Minutes - Draft
November 8, 2018; File ID18-1240 (1-L) - Correction - Lydia Zabrycki should
be reappointed by the Mayor's Office, not by the Council President; There is
a special meeting item to be taken up today, File ID18-1289 - Approve a
contract and expenditure for printing and mailing a ballot correction notice
relating to Measure P.
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, the above item was adopted as amended.
The motion carried by the following vote:
Aye:Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier6 -
Absent:Baines III1 -
1. CONSENT CALENDAR
APPROVAL OF THE CONSENT CALENDAR
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, the below CONSENT CALENDAR items were
hereby adopted by the following vote:
Aye:Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier6 -
Absent:Baines III1 -
1-A ID18-1082 RESOLUTION - Approving the Final Map of Tract No. 6216 and accepting
dedicated public uses offered therein except for dedications offered
subject to City acceptance of developer installed required improvements -
southwest corner of North Temperance Avenue and East Dakota Avenue
(Council District 4)
RESOLUTION 2018-243 ADOPTED
1-B ID18-1204 RESOLUTION - Approving the Final Map of Tract No. 6222 and accepting
dedicated public uses offered therein except for dedications offered
subject to City acceptance of developer installed required improvements -
Southwest corner of North Temperance Avenue and East Hamilton Avenue
(Council District 5)
RESOLUTION 2018-244 ADOPTED
1-C ID18-1216 RESOLUTION - Of Intention to annex Final Tract Map No. 5493 as
Annexation No. 95 to the City of Fresno Community Facilities District No.
11 and to Authorize the Levy of Special Taxes (east side of North Bryan
Avenue between West Shaw and Gettysburg Avenues) (Council District 1)
RESOLUTION 2018-245 ADOPTED
City of Fresno ***Subject to Mayoral Veto Page 2
October 25, 2018City Council Meeting Minutes - Draft
1-D ID18-1206
BILL - (for Introduction) - Granting a non -exclusive roll-off franchise for
roll-off collection within the City of Fresno to Ezekiel Nazaroff dba BinCo, in
preparation for a public hearing on the matter and final vote to approve the
Non-Exclusive Roll-Off Franchise on November 15, 2018 (Citywide)
BILL NO. 55 INTRODUCED/LAID OVER
1-E ID18-1214
Actions pertaining to the Design of Substation Expansion at the
Fresno/Clovis Regional Wastewater Reclamation Facility (Council District
3)
1.Award a consultant services agreement in the amount of $177,003 and
a contingency of $10,000 to Electrical Power Systems, Inc ., for
professional engineering services for the Design of Substation
Expansion at the Fresno /Clovis Regional Wastewater Reclamation
Facility (Council District 3)
2.Authorize the Director of Public Utilities, or designee, to sign
agreement on behalf of the City
1-F ID18-1215
Actions pertaining to cleaning and dewatering of Digester 5 at the
Fresno/Clovis Regional Wastewater Reclamation Facility (Bid File 3622)
(Council District 3):
1.Adopt a finding of Categorical Exemption of Class 1, pursuant to
Section 15301 (Existing Facilities) of the California Environmental
Quality Act Guidelines
2.Award a construction contract in the amount of $149,690 to Wastewater
Solids Management, Inc.
3.Authorize the Director of Public Utilities, or designee, to sign
agreement on behalf of the City
1-G ID18-1226 Actions pertaining to a United States Soccer Federation Foundation, Inc.
grant:
1.Authorize the Parks, After School, Recreation and Community
Services (PARCS) Department to accept a grant of $39,000
cash and $12,750 in product (Field Equipment and Player Kits )
for a total of $51,750 from the United States Soccer Federation
Foundation, Inc. (the “Foundation”);
2.***RESOLUTION - 8th amendment to the Annual Appropriation
Resolution AAR) No. 2018-157 appropriating $39,000 from the
United States Soccer Federation Foundation, Inc. for the
provision of soccer fundamental and physical fitness training via
the Soccer for Success program. (Requires 5 affirmative votes.)
(Subject to Mayor’s Veto)
City of Fresno ***Subject to Mayoral Veto Page 3
October 25, 2018City Council Meeting Minutes - Draft
RESOLUTION 2018-246 ADOPTED
1-H ID18-1228 Approve Side Letters of Agreement with the International Union of
Operating Engineers, Stationary Engineers, Local 39 representing Unit 1;
Fresno City Employees Association (FCEA) representing Unit 3;
Amalgamated Transit Union, Local 1027 (ATU) representing Unit 6; and
the International Brotherhood of Electrical Workers (IBEW), Local 100
representing Unit 7; modifying MOU provisions on leave integration for
individuals eligible to receive State Disability Insurance (“SDI”) and Paid
Family Leave (“PFL”)
1-I ID18-1246 Actions pertaining to the Amalgamated Transit Union, Local 1027 (ATU)
for Unit 6 - Bus Drivers and Student Drivers
1.***Adopt a successor Memorandum of Understanding between the
City of Fresno and the Amalgamated Transit Union, Local 1027
(ATU) for Unit 6 - Bus Drivers and Student Drivers (Subject to
Mayor’s Veto)
2.***RESOLUTION - 6th Amendment to FY 2019 Salary Resolution
No. 2018-159, amending Exhibit 6, Unit 6, Bus Drivers and Student
Drivers (ATU) as required by the Memorandum of Understanding
between the City of Fresno and the Amalgamated Transit Union,
Local 1027 (ATU) for Unit 6 - Bus Drivers and Student Drivers
(Subject to Mayor’s Veto)
THIS ITEM IS CONTINUED TO THE NOVEMBER 8, 2018 MEETING
1-J ID18-1238
Actions pertaining to replacement of the Airfield Lighting Control and
Monitoring System at Fresno Yosemite International Airport (Bid File 3585)
(Council District 4)
1.Adopt a finding of Categorical Exemption pursuant to Section
15301/Class 1 (Existing Facilities) of the California Environmental
Quality Act (CEQA) Guidelines
2.Award a contract to Vellutini Corporation dba Royal Electric
Company in the amount of $380,418.95
1-K ID18-1239 Approve the appointment of Sharon Wilson -Williams to the Fresno Housing
Authority
1-L ID18-1240 Approve the reappointments of Lydia Zabrycki and Raine Bumatay to the
Fresno Regional Workforce Development Board
1-M ID18-1241 Approve Sponsorship Agreement with Pepsi Beverages Company to be
Exclusive Non-Alcoholic Beverage Provider for the Fresno Convention &
Entertainment Center
THIS ITEM WAS PULLED BY COUNCILMEMBER BREDEFELD AND WAS
City of Fresno ***Subject to Mayoral Veto Page 4
October 25, 2018City Council Meeting Minutes - Draft
MOVED TO THE CONTESTED CONSENT CALENDAR FOR FURTHER
DISCUSSION.
1-N ID18-1245 ***RESOLUTION - 12th Amendment to the Annual Appropriation
Resolution (AAR) No 2018-157 appropriating $196,600 for Fire
Department reimbursable training programs (Requires 5 affirmative votes)
(Subject to Mayor’s veto)
RESOLUTION 2018-247 ADOPTED
CEREMONIAL PRESENTATIONS
ID18-1234 PG&E re-bate check presentation in the amount of $1.6 million to the City
of Fresno, Department of Public Utilities for water line design.
PRESENTED
ID18-1186 Proclamation of “Assured Senior Living Solutions Day”
PRESENTED
ID18-1263 Proclamation of “Iron Workers Local 155 Day”
PRESENTED
APPROVE MINUTES
ID18-1237 Approval of minutes from October 11, 2018.
On motion of Councilmember Caprioglio, seconded by
Councilmember Olivier, that the above Minutes be approved. The
motion carried by the following vote:
Aye:Soria, Brandau, Caprioglio, Chavez, Bredefeld and Olivier6 -
Absent:Baines III1 -
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Caprioglio made the following reports - Reminded everyone
that Fresno State's homecoming game is this Saturday and they are playing
Hawaii. He thanked John DeLucia in the Copy Center for assisting District
4 with printing almost 1,000 certificates for Red Ribbon Week. District 4 is
very happy with the bike unit and the impact has been very meaningful. He
thanked the Northeast Police District and Detective Kim for their
involvement in Coffee with a Cop. The Homeless Taskforce has been
helping out with the homeless problem in District 4 and it's much
City of Fresno ***Subject to Mayoral Veto Page 5
October 25, 2018City Council Meeting Minutes - Draft
appreciated. Announced that Trunk or Treat event will be held at Wesley
Church at 4th and Barstow next Wednesday.
Councilmember Bredefeld made the following reports - He recognized all
the Iron Workers and the tremendous work that they do. District 6 had a
district meeting last night which included a lot of the City of Fresno staff and
he recognized several people for being there to meet with the constituents.
One of the issues that kept coming up was the ongoing water issues and
water fines. A few months ago he asked the City Manager where are we on
the water report from the pilot program. Assistant City Manager Sumpter
responded that they hope to have a report to Council by the end of the
calendar year. Councilmember Bredefeld believes that we have a real
problem, citizens are upset and when they call they can not get through or
they are not getting a response to their question. He is concerned and
wants to see the report. He suggested that this item be put on a future
agenda. City Manager Quan-Schecter stated there will be a workshop in
December to provide the Council with more information.
Vice President Brandau made the following reports - He is glad that
Councilmember Bredefeld bought up the water fines issue. He requested
that the City Attorney's Office create a resolution putting a moratorium on
water fines until we have the results of the survey and a recommendation,
adding there is a lot of confusion out in the community. There was more
discussion regarding the water fines. Councilmember Brandau also
reported that last Saturday they had another successful "Make a Difference
Day" at Chuckanski Park. They have held this event for six years now.
Council President Soria made the following reports - District 1 will have
their community meeting in the morning which is a Coffee and a
Conversation at Revue in the Tower District, there will be representatives
from Fresno Police Department and City staff to discuss the FresGo
application, and representatives from the Parks Department to answer
questions. Big thanks to Fresno Police Department, District 1 had a
successful zombie crawl adding there was a really good police presence.
On November 3, 2018 District 1 Office and the Parks Department will be
showing the movie CoCo and celebrating the day of the dead in the Tower
District parking lot near Revue. At Inspiration Park, next Tuesday between
City of Fresno ***Subject to Mayoral Veto Page 6
October 25, 2018City Council Meeting Minutes - Draft
the hours of noon and 7pm, they will have a Trunk or Treat event and invited
the families and residents in that area to attend. Kudos to the Public Works
Department, for providing information to the residents regarding SB1 which
was passed last year by the legislature. To find the information, go to City
Website, Public Works Department, under feature projects. The City of
Fresno has been given an additional $3 million dollars for this year. It is
anticipated that next year, the City will receive an additional $9 million
dollars. Council President Soria wants to make sure the community knows
that the City is putting these dollars to work.
CONTESTED CONSENT CALENDAR
1-M ID18-1241 Approve Sponsorship Agreement with Pepsi Beverages Company to be
Exclusive Non-Alcoholic Beverage Provider for the Fresno Convention &
Entertainment Center
SMG General Manager Overfelt, spoke on the non-exclusive agreement
with Pepsi, he stated that the Save Mart Center has a whole different
management structure. Councilmember Bredefeld asked if there is a
comparison analysis of this? General Manager Overfelt stated that Coke
and Pepsi both bid and Pepsi put a better deal on the table.
Councilmember Bredefeld requested that Council get more information on
this item before they vote, and requested that this item be continued to
November 8, 2018. Council President Soria had a question on this contract
and requested that the Council get the numbers so they can see the
comparison. This item was continued to November 8, 2018 by consensus of
the Council.
THIS ITEM IS CONTINUED TO NOVEMBER 8, 2018.
3. GENERAL ADMINISTRATION
3-H ID18-1253 Approve Cree LED Streetlight Fixtures for the Installation of Light Emitting
Diode (LED) Streetlights throughout the City of Fresno (Citywide)
The above item was introduced by Director Mozier, Public Works
Department.
Vice President Brandau asked the following question on behalf of
Councilmember Baines, is there was a local company that can do some of
this work? Director Mozier responded that the local company gets their
City of Fresno ***Subject to Mayoral Veto Page 7
October 25, 2018City Council Meeting Minutes - Draft
manufacturing done in China and the company has submitted their product
twice, however they still haven't been able to meet the specifications.
Council President Soria asked Director Mozier if they will be installing light
bulbs in December? Director Mozier responded that they are discussing
that now with PG&E, and they are looking to begin installing the light bulbs
around December 1, 2018.
Upon call, there was no public comment.
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, that the above Action Item be approved. The
motion carried by the following vote:
Aye:Soria, Brandau, Caprioglio, Chavez and Bredefeld5 -
Absent:Baines III and Olivier2 -
5. CLOSED SESSION
Council President Soria recessed the Council Meeting at 10:10 A.M. in
order to go into Closed Session. Closed Session ended at 11:02 A.M.
5-B ID18-1278 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Government
Code Section 54957
Title: City Clerk
DISCUSSED
5-C ID18-1285 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
Government Code Section 54956.9(d)(4)
City of Fresno v. Fresno County Clerk
DISCUSSED
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID18-0996 WORKSHOP - Citizens’ Public Safety Advisory Board 2018 2nd Quarter
Report
The above item was presented by John Gliatta, Independent Reviewer,
Mayor's Office and Debbie Hunsucker, President of the Citizen's Public
Safety Advisory Board.
City of Fresno ***Subject to Mayoral Veto Page 8
October 25, 2018City Council Meeting Minutes - Draft
10:00 A.M.#2
ID18-1203 HEARING to adopt resolutions and ordinance to annex territory
and levy a special tax regarding City of Fresno Community
Facilities District No. 11, Annexation No. 94 (Final Tract Map
No. 5558) (northwest corner of West Herndon Avenue and North
Riverside Drive) (Council District 2)
1.***RESOLUTION - to Annex Territory to Community
Facilities District No. 11 and Authorizing the Levy of a
Special Tax for Annexation No. 94 (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 2018-2019 and
Future Tax Years Within and Relating to Community
Facilities District No. 11, Annexation No. 94 (Subject to
Mayor’s Veto)
The above item was presented by Andrew Benelli, Public Works
Department. Upon call, there was no public comment.
RESOLUTION 2018-248 ADOPTED
RESOLUTION 2018-249 ADOPTED
RESOLUTION 2018-250 ADOPTED
BILL NO. 56 ADOPTED
ORDINANCE 2018-57 ADOPTED
On motion of Vice President Brandau, seconded by Councilmember
Caprioglio, that the above Action Item be approved. The motion
carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
10:05 A.M.
ID18-1175 TEFRA HEARING - To hear and consider information concerning the
proposed issuance of Revenue Bonds by California Municipal Finance
Authority (CMFA) for the purpose of financing the acquisition, construction,
expansion, equipping and furnishing of The Vineyards senior living center
by The California Home for the Aged, Inc.
1.***RESOLUTION - Approving a tax-exempt bond financing to be issued
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October 25, 2018City Council Meeting Minutes - Draft
by CMFA to benefit The California Home for the Aged, Inc. in the
aggregate principal amount not to exceed $27.5 million for The Vineyards
senior living facility (Subject to Mayor’s veto)
The above item was presented by Director Lima, Finance Department.
Upon call there was no public comment.
RESOLUTION 2018-251 ADOPTED
On motion of Councilmember Caprioglio, seconded by
Councilmember Bredefeld, that the above Action Item be approved.
The motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
10:10 A.M.
ID18-1192 CONTINUED HEARING - To vacate a street, pipeline, and utility
easement in Lot 8 of Tract Map No. 4043. (Council District 1)
1.***RESOLUTION - Ordering the vacation of a street, pipeline, and
utility easement in Lot 8 of Tract Map No. 4043. (Subject to
Mayor’s Veto)
The above item was presented by Chief Surveyor Camit, Public Works
Department. When called, the following members from the public spoke on
this item: John White, Joseph Brophy, Joseph Picket, and Mrs. Brophy.
Council President Soria stated that this item is in her District and that she
has met with th constituents and the Fire Marshall. The Fire Marshall made
it very clear that there are enough access points for emergency vehicles and
releasing the easement would not impact meeting the response times.
President Soria called Fire Chief Donis up to speak on the issue. Fire Chief
Donis confirmed what the Council President said.
Council President Soria also called upon City Attorney Sloan to speak to the
liability issue. City Attorney Sloan stated that there is some potential
liability for failing to release the easement and no liability for releasing the
easement. Council President Soria also stated for the record that this is not
a public road and the road is not owned by the City. She further stated that
she supports vacating the easement.
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October 25, 2018City Council Meeting Minutes - Draft
RESOLUTION 2018-152 ADOPTED
On motion of President Soria, seconded by Councilmember Baines III,
that the above Action Item be approved. The motion carried by the
following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
4. CITY COUNCIL
4-A ID18-1260 WORKSHOP - To consider expenditure of proceeds from sale of parking
lot located on H Street between Kern and Mono, and applying proceeds to
public safety needs.
The above Workshop was presented by Chief Dyer, Fresno Police
Department, Chief Donis, Fresno Fire Department, and 911 Dispatchers.
After the presentation Councilmember Bredefeld suggested scheduling a
meeting with him, Council President Soria, the City Manager, and the
Mayor to come up with a plan on how to use the funds and come back to
Council with an action item.
Mike Lima, Director of Finance explained the details of the Reserve
Management Act.
GENERAL ADMINISTRATION
3-D ID18-1172
Actions related to the Fourth Amendment to the Services Agreement with
Orange Avenue Disposal Company, Inc.:
1.Adopt a finding of Class 1/Existing Facilities Categorical Exemption
pursuant to Section 15301of the California Environmental Quality
Act.
2.Approve a Fourth Amendment to the Services Agreement with
Orange Avenue Disposal Company, Inc ., to increase per-ton
charges for transfer, processing, and disposal of waste, capturing
unforeseeable costs due to change in law and economic conditions
(Citywide)
The above item was introduced by Assistant Director Schuber, Public
Utilities Department.
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October 25, 2018City Council Meeting Minutes - Draft
Upon call the following members of the public spoke: Nathan Alonzo,
Fresno Chamber of Commerce.
Councilmember Bredefeld had several questions regarding the number of
amendments to the service agreement, the cost increase and the retroactive
cost in the service agreement. Councilmember Bredefeld expressed his
concerns and stated he will not support the item.
Vice President Brandau and Council President Soria had more questions
regarding the cost and the retroactive costs. Assistant Director Schuber
responded.
There was more discussion amongst the Councilmembers regarding this
topic.
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, that the above Action Item be approved. The
motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Olivier6 -
No:Bredefeld1 -
3-E ID18-1224 Actions related to First Amendments to Commercial Solid Waste
Franchise Agreements with Allied Waste Services and Mid Valley
Disposal (Citywide):
1. Adopt findings of Class 1/Existing Facilities Categorical Exemption
pursuant to Section 15301 of the California Environmental Quality
Act
2.Approve a First Amendment to the Commercial Solid Waste
Franchise Agreement with Allied Waste Services
3.Approve a First Amendment to the Commercial Solid Waste
Franchise Agreement with Mid Valley Disposal
The above item was presented by Assistant Director Shuber, Public Utilites
Department.
Upon call, Nathan Alonza, Fresno Chamber of Commerce spoke regarding
this item.
On motion of Vice President Brandau, seconded by Councilmember
Chavez, that the above Action Item be approved. The motion carried
by the following vote:
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October 25, 2018City Council Meeting Minutes - Draft
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
3-A ID18-1247 Authorize the use of a lease -purchase agreement to finance purchase of
two Type III fire engines in the amount of $767,500 as part of the
department’s eight-year apparatus replacement program, utilizing a
Cooperative Purchase agreement with Boise Mobile Equipment
This item was presented by Fire Chief Donis, Fire Department. Upon call
no one from the public spoke on this item.
On motion of President Soria, seconded by Councilmember Chavez,
that the above Action Item be approved. The motion carried by the
following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
3-B ID18-1248 Authorize the use of a lease -purchase agreement to purchase six fire
engines in the amount of $4,426,049.10 from Smeal Manufacturing utilizing
a Cooperative Purchasing Agreement
This item was presented by Fire Chief Donis, Fire Department. Upon call,
there was no public comment.
On motion of President Soria, seconded by Councilmember Chavez,
that the above Discussion Item be approved. The motion carried by
the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
3-C ID18-1254 Provide Anti-Slum Enforcement Team (ASET) Quarterly Report
The above item was presented by Assistant Director Furtado, DARM
Department and Supervising Deputy City Attorney Roberson, City Attorney's
Office.
3-F ID18-1255 WORKSHOP regarding Infor Enterprise Asset Management (EAM)
Implementation Services
The above item was presented by Assistant Director Spindor, Department of
Public Utilities. Assistant Director Spindor read into the record that his
power point has been updated.
3-G ID18-1257
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October 25, 2018City Council Meeting Minutes - Draft
Award an Agreement in the amount of $1,483,294.00 with Infor, Inc. for Infor
Enterprise Asset Management (EAM) Implementation Services within the
City of Fresno’s Department of Public Utilities (DPU) Water and
Wastewater Divisions and the Department of Public Works (DPW) Streets
and Landscape Maintenance Divisions. (Bid File # 3608) (Citywide)
Councilmember Caprioglio was away from the dais from 3:40 P.M. until
3:54 P.M.
The above item was introduced by Assistant Director Spindor, Department
of Public Utilities. Upon call, there was no public comments.
On motion of President Soria, seconded by Councilmember Chavez,
that the above Action Item be approved. The motion carried by the
following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
Absent:Caprioglio1 -
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
The following members of the public spoke during Unscheduled
Communication: David Love and Gary Doesekle.
3-I ID18-1140
Action relating to amending and adding Building Regulations in the Fresno
Municipal Code
1. ***BILL (Intro. 10/25/18) (For adoption 11/1/18) - Adopting
findings related to California Building Code Chapter 12 to Section 11-1102
of the Fresno Municipal Code relating to amendments to the California
Building Code regarding efficiency units.
The above item was introduced by Assistant Director Zack, DARM
Department. Upon call, there was no public comment.
BILL NO 57 INTRODUCED/LAID OVER
On motion of Councilmember Baines III, seconded by President Soria,
that the above Action Item be approved. The motion carried by the
following vote:
Aye:Soria, Baines III, Chavez, Bredefeld and Olivier5 -
City of Fresno ***Subject to Mayoral Veto Page 14
October 25, 2018City Council Meeting Minutes - Draft
Absent:Brandau and Caprioglio2 -
CITY COUNCIL
4-B ID18-1284 ***RESOLUTION - Acknowledging Measure P clerical error and directing
Fresno County Clerk to provide corrected language at City of Fresno
polling places. (Subject to Mayor’s veto)
THIS ITEM IS TABLED INDEFINITELY
CLOSED SESSION
5-A ID18-1233
CONFERENCE WITH LABOR NEGOTIATOR - Government Code
Section 54957.6
City Negotiators: Jeffrey Cardell, Ken Phillips
Employee Organization:
Fresno City Employees Association (FCEA)
The City Council meeting recessed for Closed Session from 3:54 P.M. to
4:13 P.M.
DISCUSSED
ADJOURNMENT
City Council adjourned at 4:13 P.M.
City of Fresno ***Subject to Mayoral Veto Page 15
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1350 Agenda Date:11/8/2018 Agenda #:
APPROVAL OF THE CITY COUNCIL MINUTES
Approval of minutes of the October 25, 2018 Special Meeting
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City of Fresno
Meeting Minutes - Draft
City Council
President - Esmeralda Z. Soria
Vice President - Steve Brandau
Councilmembers:
Oliver L. Baines, III, Paul Caprioglio, Luis Chavez,
Garry Bredefeld, Clinton J. Olivier
City Manager - Wilma Quan-Schecter
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
9:00 AM Council ChambersThursday, October 25, 2018
Special Meeting
President Esmeralda Z. Soria
Vice President Steve Brandau
Councilmember Oliver L. Baines III
Councilmember Paul Caprioglio
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Clinton Olivier
Present:7 -
ID18-1289 Approve a contract and expenditure for printing and mailing a ballot
correction notice relating to Measure P.
Vice President Brandau presented the item above by providing a timeline of
events regarding the ballot language of Measure P. Vice President Brandau
explained that the initial resolution contained 41 words and after working
with the proponents of Measure P, the resolution was revised to include 74
words. The resolution with the new language was added to the agenda
management system on August 6, 2018. When the resolution was
submitted to the County they received the incorrect resolution with the 41
words in hard copy, but they were also sent the correct language
electronically via email. The County ended up publishing the correct
language in the Fresno Bee on August 15, 2018, but used the resolution
with the 41 words to print the ballot language.
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October 25, 2018City Council Meeting Minutes - Draft
The error was discovered on October 10, 2018 by the proponents when they
saw the shorter version of the ballot language printed on the ballot. They
immediately contacted the City about it.
Vice President Brandau explained that there were several opportunities for
this error to be caught ranging from the City Clerk's Office, the City
Attorney's Office, the County Clerk's Office, the proponents of the measure
(who had a 10 day period to review the language), and the City Council. He
stated that the reason this item is just now being addressed was to get all of
the information. Vice President Brandau also stated that this is an issue for
the City Council to address, not the Mayor because the City Clerk and the
City Attorney report to the City Council, not the Mayor.
After discussion by the City Council and the Mayor, Vice President Brandau
made a motion to direct the City Clerk to send the mailer to each voting
household in the City of Fresno, providing the correct ballot language for
Measure P, conditioned upon the proponents "Yes on P" giving a full
release of liability to the City of Fresno. The release of liability will be
drawn up by the City Attorney.
City Attorney Sloan stated that he spoke to the proponent's attorney and
they approved the language in the mailer and agreed to the release of
liability.
There was more discussion on why the councilmember either supported the
motion or did not support the motion.
The speical meeting was adjourned at 12:07 p.m.
On motion of Vice President Brandau, seconded by Councilmember
Baines III, that the above Action Item be approved. The motion carried
by the following vote:
Aye:Soria, Brandau, Baines III and Chavez4 -
No:Caprioglio, Bredefeld and Olivier3 -
City of Fresno ***Subject to Mayoral Veto Page 2
October 25, 2018City Council Meeting Minutes - Draft
City of Fresno ***Subject to Mayoral Veto Page 3
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:18-0043 Agenda Date:11/8/2018 Agenda #:
MINUTES FOR APPROVAL
Approval of minutes from November 1, 2018.
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City of Fresno
Meeting Minutes - Draft
City Council
President - Esmeralda Z. Soria
Vice President - Steve Brandau
Councilmembers:
Oliver L. Baines, III, Paul Caprioglio, Luis Chavez,
Garry Bredefeld, Clinton J. Olivier
City Manager - Wilma Quan-Schecter
City Attorney - Douglas T. Sloan
City Clerk - Yvonne Spence, MMC
9:30 AM Council ChambersThursday, November 1, 2018
Special Meeting
President Esmeralda Z. Soria
Vice President Steve Brandau
Councilmember Oliver L. Baines III
Councilmember Paul Caprioglio
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Clinton Olivier
Present:7 -
The City Council met in special session in the Council Chamber, City Hall
on the date and time written above.
The meeting was called to order at 9:43 A.M.
Pledge of Allegiance to the Flag
Roll Call
ID18-1317 ***RESOLUTION - Implementing a moratorium on fines for violations of
water regulations until further Council direction. (Subject to Mayor’s veto)
Vice President Brandau introduced the item stating that after a three month
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November 1, 2018City Council Meeting Minutes - Draft
survey that the City entered into with the University of Chicago, there were a
lot of complaints in District 2. The citizen are very frustrated with not being
able to get an answer and not being able to get their calls answered. After
the three month survey, the City began automated monitoring of water
usage and that generated a different group of people who were frustrated.
The complaints were so out of control that we knew we had to do something
and one of our ideas was to put a moratorium on issuing fines and allow the
automated monitoring to continue and collect all of the right data. Vice
President Brandau met with the Water Department and discussed the
concerns over the automated monitoring of water usage.
At last week's City Council meeting, Councilmember Bredefeld talked about
a district meeting where he had several complaints on the same topic. We
have data from the water survey that will be analyzed in January. We will
have all of that data and the Council will meet to discuss this in January.
Vice President Brandau feels that we have lost a lot of the trust from the
residents. Today the moratorium is about re-establishing that trust. This
was never about fines, it was about water conservation. The resolution
today is a simple moratorium on the water fines between October 1, 2018
and when Council comes back to take action on this in the new year. It was
decided to make this retroactive to the date that the automated system
started. Any fines received from October 1, 2018 shall have the fine
dismissed and receive a credit or refund on the next utility bill.
Councilmember Bredefeld stated he had some concerns early on and it was
his understanding that the Council would analyze the data and after we
analyzed the date, the automated system would begin. His constituents had
a hard time getting through to the City or waited weeks to have their calls
returned. Some of his constituents are very good at conserving water and
they received fines. He feels that this is too much government over reach.
Mayor Brand fully supports the resolution by Vice President Brandau and
Councilmember Bredefeld. The State of California SGMA (State
Groundwater Sustainability Management Act) mandates that all cities have
a water conservation program.
Upon call, the following members of the public spoke on this item: Grace
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November 1, 2018City Council Meeting Minutes - Draft
Solis, Ed Balfen, Ester Pedis Martine and Shawn Stewart.
Councilmember Olivier stated he has concerns about this issue and
appreciates his colleagues bringing this item forward. Councilmember
Olivier suggested that the council look for more ways to let the individuals
make their own decisions about watering. He is interested in finding
creative solutions to this problem.
Councilmember Chavez asked what is mandated as far as water
conservation is concerned. He also requested the conservation goals of the
City. Director Carbajal responded that the mandates and goals are in the
Urban Water Management Plan. Councilmember Chavez asked if the City
of Fresno met or exceeded the goals since implementation. Can we view a
customer or parcel to see what has been used and how far back can we go?
Staff replied that they can go back to 2012. Councilmember Chavez stated
that he wants the data on historical usage.
Councilmember Caprioglio thanked the people who came down to speak on
this topic. Councilmember Caprioglio suggested to the Water Department
to use gallons and average gallons per households. This suggestion was
implemented and can now be found on your utility bill. The average
household uses 20,150 gallons per month. Councilmember Caprioglio and
the Water staff came up with several ideas to help the residents better
understand their bill.
Vice President Brandau amended his motion to include “direction to staff to
clearly communicate to utility customers in their utility bill that the City
Council met on November 1, 2018 and they are implementing a moratorium
to eliminate water fines until they can analyze the data from the pilot
program in January”. The amendment was accepted by the second of the
motion.
There was discussion regarding Clovis being able to water two days a week
and why Fresno cannot do the same. Director Carbajal said that is
something that they can look at.
Council President Soria thanked her colleagues for bringing this item up for
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action, and how we need more outreach to inform our citizens to include
translating the information in Spanish and Hmong.
The meeting adjourned at 10:39 A.M.
City of Fresno ***Subject to Mayoral Veto Page 4
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1264 Agenda Date:11/8/2018 Agenda #:
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:MICHAEL LIMA, Finance Director/City Controller
Finance Department
BY:PHILLIP HARDCASTLE, Principal Accountant - Debt Administration
Finance Department
SUBJECT
TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue
Bonds by California Municipal Finance Authority for the purpose of financing or refinancing the
acquisition, rehabilitation, improvement and equipping of Hotel Fresno Apartments
1.***RESOLUTION - Approving a tax-exempt bond financing to be issued by CMFA to benefit
Hotel Fresno Apartments, LP or a partnership created by APEC International, LLC in the
aggregate principal amount not to exceed $20 million for Hotel Fresno Apartments (Subject to
Mayor’s veto)
RECOMMENDATION
Staff recommends that the Council first hold a Tax Equity and Financial Responsibility Act (TEFRA)
public hearing and then,upon conclusion,adopt the accompanying Resolution approving the
issuance of the Revenue Bonds by California Municipal Finance Authority (CMFA)on behalf of the
Hotel Fresno Apartments,LP (Applicant)or a partnership created by APEC International,LLC
(Developer),in the aggregate principal amount not to exceed $20 million for Hotel Fresno Apartments
(Project).
EXECUTIVE SUMMARY
The Applicant is seeking to obtain financing for the acquisition,rehabilitation,improvement and
equipping of the Project,a 79-unit multifamily rental housing project located in downtown Fresno.
The new tax exempt bonds will be issued by CMFA.As a jurisdiction in which the facilities are
located,the Council must hold a public hearing in accordance with Section 147(f)of the Internal
Revenue Code for the purpose of receiving any public testimony regarding the projects before it
considers authorizing CMFA to issue obligations for such purposes.
Should the City authorize the issuance of Bonds,the City would have no obligation or liability
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associated with these facilities or with these obligations.
BACKGROUND
The City has received a request by CMFA to hold a public hearing regarding a proposed Revenue
Bond (Bonds)issuance for the purpose of financing or refinancing the acquisition,rehabilitation,
improvement and equipping of a 79-unit multifamily rental housing project located 1241 Broadway
Plaza in Fresno.The new tax exempt Bonds will be issued by CMFA,in an amount not to exceed
$20 million.Upon conclusion of the public hearing,the City is then requested to authorize CMFA to
proceed with the issuance of the Bonds.
CMFA was established on January 1,2004 pursuant to a joint exercise of powers agreement to
promote economic,cultural and community development through the financing of economic
development and charitable activities throughout California.To date,over 300 municipalities,
including the City of Fresno, have become members of CMFA.
As a public benefit to the community of Fresno,the Applicant will team up with Deep Green Housing
and Community Development to offer affordable housing and services to the low-income population
of Fresno.
In order to initiate such a financing,the City in which the proposed facilities are located must (1)
conduct a public hearing and (2)approve CMFA issuance of indebtedness.Therefore,although
CMFA will be the issuer of the Bonds for the Applicant,the financing cannot proceed without the City
of Fresno's approval of the financings.The attached resolution,if approved by the Council,will
provide authorization to CMFA to issue tax-exempt obligations on behalf of the Applicant in an
amount not to exceed $20 million for the Hotel Fresno Apartments.This hearing was noticed in the
Fresno Bee on October 24,2018.No written testimony regarding this proposed bond issuance has
been received to date.
ENVIRONMENTAL FINDINGS
This item is not a project of the City of Fresno and as such,for purposes of this hearing,the
California Environmental Quality Act requirements are not applicable.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a
construction or service contract.
FISCAL IMPACT
The City has no obligation or liability associated with the requested financing.The Bonds will not
constitute indebtedness or obligation of,and will not involve a pledge of the good faith and credit of
the City.The Bonds will be limited obligations of the CMFA payable only from loan repayments to be
made to the Issuer from certain funds and accounts established by or pursuant to the bond indenture
(s) under which the Obligations will be issued.
Attachment:Resolution
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City of Fresno
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File #:ID18-1295 Agenda Date:11/8/2018 Agenda #:
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:JENNIFER K. CLARK, Director
Development and Resource Management Department
THROUGH:MIKE SANCHEZ, Assistant Director
Development Services Division
McKENCIE PEREZ, Supervising Planner
Development and Resource Management Department
BY:RICKY CAPERTON, Planner III
Development and Resource Management Department
SUBJECT
HEARING to consider Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013,
Conditional Use Permit Application No. C-17-101, and related Environmental Assessment No. A-17-
009/R-17-013/C-17-101, filed by Gary Giannetta of Gary Giannetta Consulting Civil Engineers, on
behalf of Russ Nakata, for approximately 2.5 acres of a 22.81-acre parcel located on the northeast
corner of East Nees Avenue and North Bond Street. (Council District 6)
1.ADOPT Environmental Assessment No.A-17-009/R-17-013/C-17-101,a Negative
Declaration dated June 19, 2018.
2.RESOLUTION -Approving Plan Amendment Application No.A-17-009 proposing to amend
the Fresno General Plan and the Woodward Park Community Plan planned land use for
approximately 2.5 acres from Commercial Recreation to Community Commercial.
3.BILL (for introduction and adoption)-Approving Rezone Application No.R-17-013 proposing
to amend the Official Zone Map to reclassify approximately 2.5 acres of the subject property
from the CRC/UGM/cz (Commercial-Recreation/Urban Growth Management/conditions of
zoning)zone district to the CC/UGM/cz (Commercial-Community/Urban Growth
Management/conditions of zoning)zone district in accordance with Plan Amendment
Application No. A-17-009.
4.APPROVE -Conditional Use Permit Application No.C-17-101 authorizing construction of an
approximately 9,175-square-foot funeral home to include a chapel with 190 seat capacity.No
crematory or body preparations are proposed as part of this use.The project is being
proposed under the use classification Funeral Parlors and Internment Services.
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RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
1.ADOPT Environmental Assessment No.A-17-009/R-17-013/C-17-101,a Negative
Declaration dated June 19, 2018.
2.ADOPT RESOLUTION approving Plan Amendment Application No.A-17-009 to amend the
Fresno General Plan and the Woodward Park Community Plan planned land use for
approximately 2.5 acres from Commercial Recreation to Community Commercial planned
land use designation.
3.ADOPT BILL approving Rezone Application No.R-17-013 to amend the Official Zone Map to
reclassify approximately 2.5-acres of the subject property from the CRC/UGM/cz (
Commercial-Recreation/Urban Growth Management/conditions of zoning)zone district to the
CC/UGM/cz (Commercial-Community/Urban Growth Management/conditions of zoning)zone
district.
4.APPROVE Conditional Use Permit Application No.C-17-101 authorizing construction of an
approximately 9,175-square-foot funeral home to include a chapel with 190 seat capacity.No
crematory or body preparations are proposed as part of this use.The project also proposes
site improvements such as landscaping,and on-site parking for approximately 73 vehicles,in
addition to 28 proposed stacked parking spaces.The building would be a maximum of 28 feet
in height.The project is being proposed under the use classification Funeral Parlors and
Internment Services.
EXECUTIVE SUMMARY
Gary Giannetta of Gary Giannetta Consulting Civil Engineers,on behalf of Russ Nakata,has filed
Plan Amendment Application No.A-17-009,Rezone Application No.R-17-013,and Conditional Use
Permit Application No.C-17-101 pertaining to a ±2.5 acre portion of a 22.81-acre parcel located on
the northeast corner of East Nees Avenue and North Bond Street,as described above (see Exhibit A,
Location Map, and Exhibit B, Proposed Land Use and Zoning Map).
The Plan Amendment and Rezone application have been filed in order to consider the proposed
funeral home in accordance with Conditional Use Permit Application No.C-17-101.Under the current
planned land use and zone district of Commercial Recreation,the proposed use as a funeral parlor
would be prohibited.Under the Commercial Community planned land use and zone district,the
proposed use would be a conditionally permitted use.
Staff supports approval of these applications subject to conditions of approval dated October 3,2018
(see Exhibit C).
Project Information
Project information such as applicant,project location,site size,land use and zoning information,and
other general project information can be found in Exhibit D.
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Bordering Property Information
Bordering property information such as the existing and planned land use designations,as well as
the existing zoning districts surrounding the subject property can be found in Exhibit E.In general,
the subject property is surrounded by single-family residences to the north and east,and commercial
uses to the south and west.
BACKGROUND
Plan Amendment Application No.A-17-009 proposes to amend the Fresno General Plan and the
Woodward Park Community Plan to re-designate the subject property from Commercial-Recreation
to Commercial-Community.
Rezone Application No.R-17-013 proposes to amend the Official Zone Map to reclassify the
subject property from CRC/UGM/cz (Commercial-Recreation/Urban Growth Management/conditions
of zoning)zone district to the CC/UGM/cz (Commercial-Community/Urban Growth
Management/conditions of zoning) zone district.
Conditional Use Permit Application No.C-17-101 proposes the construction of an approximately
9,175 square foot funeral home to include a chapel with 190 seat capacity.Again,no crematory or
body preparation is proposed as part of this use.
The project design consists of an approximately 9,175 square-foot building located at the center of
the site away from adjacent residential uses.The design would include a porte-cochere along the
western edge of the building,as well as stacked parking for approximately 28 vehicles in addition to
73 on-site surface parking spaces.The project also includes landscape surrounding the perimeter of
the site,throughout the parking lot,and surrounding the building.The proposed height of the
building would be a maximum of 28 feet.The applicant has indicated that no body preparation
and/or crematory will be part of the proposed use and that they have no intentions in the future of
providing either of these services at this particular location.The site plan,conceptual elevations,and
proposed landscape plan are included in Exhibit F.
The proposed project Operational Statement (Exhibit G)specifies the business Hours of Operation
to be Monday through Friday from 8:00 a.m.until 5:00 p.m.and Saturday and Sunday from 9:00
a.m.until 2:00 p.m.It is anticipated that approximately four to seven services will be held per week
and will generally occur between the hours of 10:00 a.m.and 3:30 p.m.However,some services,at
the request of the clients,will occur after that time lasting until approximately 8:00 PM on occasions
where families request visitation.Although the chapel will have capacity for approximately 190 seats,
visitations and services typically have approximately 50 people.
ANALYSIS
Traffic Analysis
The project will include frontage improvements (i.e.curb,gutter,and sidewalk)along East Nees
Avenue and North Bond Street,and will be served by one proposed driveway along East Nees
Avenue and two proposed driveways along North Bond Street.
A Trip Generation Analysis performed by JLB Traffic Engineering,Inc.dated June 27,2017 (ExhibitCity of Fresno Printed on 3/10/2023Page 3 of 11
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A Trip Generation Analysis performed by JLB Traffic Engineering,Inc.dated June 27,2017 (Exhibit
H).The Trip Generation Analysis projected the proposed funeral home use would generate 22 (19
inbound,3 outbound)vehicle trips during the morning peak hour travel period (7 to 9 a.m.),54 (46
inbound,8 outbound)vehicle trips during the evening peak hour travel period (4 to 6 p.m.)on a
weekday, and 532 average daily trips (ADT).
The project site is located in Traffic Impact Zone (TIZ)III which allows for 100 peak hour trips to be
generated by a project before a Traffic Impact Study is required.However,upon evaluation of the Trip
Generation Analysis,the City of Fresno Public Works Department,Traffic and Engineering Services
Division determined that the project did not exceed this threshold and therefore would not represent a
significant change in traffic beyond the existing planned land use designation.Further,the proposed
project would result in a decrease in overall traffic from the existing planned land use designation.
Under the existing planned land use designation the project site could result in approximately 1,274
ADT’s, and the project would result in a total of 532 ADT’s which results in a decrease in 742 ADT’s.
The project would also be required to pay a Traffic Signal Mitigation Impact (TSMI)fee based on the
amount of average daily trips produced by the project,a Fresno Major Street Impact (FMSI)fee,and
a Regional Transportation Mitigation Fee (RTMF).These fees are collected and used to offset the
cost for traffic infrastructure improvements.
Noise
Potential noise sources at the project site would occur primarily from the roadway noise from East
Nees Avenue along the respective frontage of the subject site,and from stationary noise sources
which could potentially emanate from future uses developed on the site, in this case, a funeral home.
For purposes of City analyses of noise impacts,and for determining appropriate noise mitigation,a
significant increase in ambient noise levels is assumed if the project causes ambient noise levels to
exceed the following:(1)The ambient noise level is less than 60 db Ldn and the project increase
noise levels by 5 dB or more;(2)The ambient noise level is 60-65 dB Ldn and the project increases
noise levels by 3 dB or more;or,(3)The ambient noise level is greater than 65 dB Ldn and the
project increases noise levels by 1.5 dB or more.
The subject property is located on East Nees Avenue an area which is noted in the Fresno General
Plan (Figure NS-2 of the General Plan)as having an existing noise contour of 65 to 70 dB abutting
East Nees Avenue, with a noise level of 60 to 65 dB extending beyond the immediate roadway area.
It is anticipated that the operation of the proposed funeral parlor would generally not produce sounds
beyond what already exists.Although some new traffic would occur as a result of the proposed use,
such noise would primarily be from vehicle traffic as part of funeral procession’s and would only occur
during times of arrival at the site and departure to the burial site.During times where no funeral
services occur, the site would be occupied by a small staff of workers.
Further,the project proposes to construct a 6-foot high block wall along its eastern property line,as
well as install landscape,which will help to minimize potential noise impacts.The project will be
required to provide landscape along the perimeter of the site,also serving as a buffer to minimize
potential noise impacts.
Additionally,it should be noted that Title 24 of the California Building Code sets out energyCity of Fresno Printed on 3/10/2023Page 4 of 11
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Additionally,it should be noted that Title 24 of the California Building Code sets out energy
conservation requirements,which have also greatly helped mitigate indoor noise levels by requiring
dual-pane windows and additional insulation in buildings.The location of the proposed building is
also set back a greater distance than what is required which will further reduce any potential for noise
impacts related to operation of the business.
Based upon the above
‐
described conditions,the noise levels for the proposed project constitute a
negligible to less than significant increase to the City’s applicable exterior noise level standard for
commercial uses.Although not required to submit an acoustical study,the project will be required to
comply with all noise policies and mitigation measures identified within the Fresno General Plan and
Master Environmental Impact Report (MEIR)as well as the noise ordinance of the FMC.Additional
mitigation is not required.
Conditions of Zoning
Conditions of zoning were adopted for the subject property in Ordinance 98-2 (see Exhibit I).Several
of the conditions have already been met or are not applicable to the proposed project.Those that
are applicable include neighborhood outreach,flood control requirements,DARM Director review for
any commercial recreation project,use and design limitations for an athletic club,minimum setbacks
to adjacent residential property and along East Nees Avenue,and general use restrictions on the
property. Specifically, a car wash, cocktail lounge, bar and liquor store are prohibited on the property.
The proposed project,as a funeral home,meets all of the conditions of zoning that apply to the
project,such as setbacks and use restrictions.For an analysis of the proposed project and
applicable conditions of zoning,please see Exhibit I.These conditions of zoning will remain in effect
for the subject property.
Land Use Plans and Policies
Fresno General Plan
The Fresno General Plan generally puts a strong emphasis on infill development,complete
neighborhoods and multimodal connectivity.The proposed project is compatible with goals,
objectives, and policies included in the Fresno General Plan.
According to the Fresno General Plan,commercial land use designations allow a wide range of retail
and service establishments intended to serve local and regional needs.Specifically,the General Plan
states that the Community Commercial land use designation is intended for commercial development
that primarily serves local needs such as convenience shopping and small offices.Specific uses
allowed include medium-scale retail,office,civic and entertainment uses,supermarkets,drug stores
and supporting uses.
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:Infill Development and Redevelopment.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.
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Policy LU-5-g:Scale and Character of New Development.Allow new development in or adjacent to
established neighborhoods that is compatible in scale and character with the surrounding area by
promoting a transition in scale and architectural character between new buildings and established
neighborhoods, as well as integrating pedestrian circulation and vehicular routes.
Policy LU-6-a:Design of Commercial Development.Foster high quality design,diversity,and a mix of
amenities in new development with uses through the consideration of guidelines,regulations and
design review procedures.
Objective ED-1:Support economic development by maintaining a strong working relationship with the
business community and improving the business climate for current and future businesses.
Policy ED-1-d:Strategic Land Regulation.Explore increasing the amount of land properly zoned,
consistent with the General Plan,and ready to be expeditiously developed,redeveloped,and/or
revitalized for economic development and job creation purposes.Establish a priority infill
development program for sites and districts.
Approval of the plan amendment and rezone would help facilitate and achieve the above stated
objectives and policies of the General Plan.The subject property is currently undeveloped and
surrounded by urban development;therefore t.The property is an appropriate infill site as it has
existing infrastructure and is adjacent to built-out urban uses,including commercial,residential,retail,
and service.The project also proposes a building of high quality design and at a scale consistent to
the surrounding area;therefore,the project fosters a high quality design and would contribute to the
mix of amenities in the surrounding area.Further,the project includes a landscape plan that will not
only help to minimize potential noise,but enhance an otherwise undeveloped vacant piece of land
which will serve to enhance to overall character of the area.Lastly,the project facilitates supporting
economic development by adding to a diverse mix of uses to the general area.
Woodward Park Community Plan
The Woodward Park Community Plan was adopted in 1989.At that time,its primary goals were to
ensure development stayed within the capacity limits of existing infrastructure and to evenly distribute
commercial development.
Upon reviewing the policies contained in the Woodward Park Community Plan,staff has determined
that there are no policies that are more restrictive than those contained in the FMC.The proposed
project is compatible with goals and policies included in the Woodward Park Community Plan,
including:
Goal 1-4:Plan for the appropriate location,size,and intensity of office and commercial developments
necessary to meet metropolitan,community,and neighborhood needs in a manner consistent with
the plan’s concept of urban form and function with the objective of efficiently managing public
facilities and resources.
Policy 1-4.4-c:A landscaped setback 20-feet wide containing deciduous and evergreen trees shall be
planted and maintained along the property line between commercial and office uses and abutting
properties zoned or planned for residential uses and along abutting local streets provided,however,
that this requirement shall not apply to those parcels of land which are one acre or less in size or toCity of Fresno Printed on 3/10/2023Page 6 of 11
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that this requirement shall not apply to those parcels of land which are one acre or less in size or to
parcels larger than one acre subject to Director review and approval of landscape plans.
Policy 1-4.4-d:No commercial or office building shall be constructed within 50 feet of the property line
of abutting properties zoned or planned for residential uses.
The project’s proposed design complies with the above polices and is a project that is of appropriate
size and intensity for the area.
Public Notice and Input
Notice of City Council Hearing
The Development and Resource Management Department mailed notices of this City Council
hearing to surrounding property owners within 1,000 feet of the subject property on October 26,2018
(Exhibit J), pursuant to Section 15-5007-B-2 of the FMC.
Public Input
The applicant and operator of the proposed project conducted a neighborhood meeting required for
the Plan Amendment pursuant to FMC Sections 15-5805 and 15-5006.In addition,the operator of
the project has conducted additional neighborhood outreach,including a flyer clarifying project
information to residents within 1,000 feet of the project site,as well as a second neighborhood
meeting,also noticed to residents within 1,000 feet of the project site.In addition,Councilmember
Garry Bredefeld held an additional neighborhood meeting on November 6,2018.These outreach
efforts are summarized below.A copy of the neighborhood meeting notice,summary of the meeting,
neighborhood flyer,and notice for the additional neighborhood meeting are provided in Exhibit K.
Public comments are also provided in Exhibit K.
Neighborhood Meeting - May 31, 2017
A neighborhood meeting was held on Wednesday,May 31,2017 at Kastner Intermediate School
located at 7676 North First Street in the multi-purpose room,approximately ¼-mile from the subject
property. The meeting commenced at 6:00 p.m. and concluded around 8:00 p.m.
Neighborhood Flyer - September 2018
To address concerns raised at the neighborhood meeting and to provide additional project
information,Dann Narveson (Director of Real Estate,SCI Resources,LLC),operator of the proposed
project,mailed a flyer to residents within a 1,000 foot radius of the subject property clarifying
operational information,as well as showing the conceptual design of the project and its landscape.
The meeting commenced at 5:30 p.m. and concluded around 8:00 p.m.
Neighborhood Meeting - September 12, 2018
As a result of community concern for the proposed project,the applicant held an additional
neighborhood meeting on September 12,2018.Notices were mailed to property owners within 1,000
feet of the subject property.The intent of this meeting was to provide a forum for presenting the
proposed project to the neighbors,as well as be available to clarify any project information,and toCity of Fresno Printed on 3/10/2023Page 7 of 11
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proposed project to the neighbors,as well as be available to clarify any project information,and to
address any concerns and questions.
Planning Commission - October 3, 2018
DARM staff mailed notices of this Planning Commission hearing to surrounding property owners
within 1,000 feet of the subject property (Exhibit L)on Friday,September 21,2018,pursuant to
Section 15-5007-B-2 of the FMC.Please note that there was a minor typographical error in the
notice.The public notice indicated that a Mitigated Negative Declaration was prepared;however,the
environmental assessment was a Negative Declaration.This minor typographical error does not have
any implications on the adequacy of the noticing, project information, or staff’s recommendation.
Neighborhood Meeting - November 6, 2018
On November 6,2018,Councilmember Garry Bredefeld held a neighborhood meeting at New
Covenant Community Church located at 1744 East Nees Avenue.
Neighborhood Concerns
At the neighborhood meetings,concerns surrounding property values,travel,religious beliefs,and
the potential for mental harm to children and others as a result of close proximity to a funeral home
were raised.
Property Values
Concern for property values were raised during both neighborhood meetings.However,the
Department and Resource Management (DARM)Department does not analyze property values
during review of planning applications.In general,some members of the surrounding neighborhood
are concerned with the possible negative effects of home values as a result of being near a funeral
home;however,the neighborhood has not provided substantial evidence to substantiate these
claims.Although staff recognizes the concerns,the DARM department does not analyze property
values during review of land use projects.
Body Preparation and Cremation
Concern was raised regarding proximity to body preparation and/or crematory activities that would be
possibly take place at the funeral home;however,the project applicant and operator of the funeral
home has stated that they will not include body preparation and/or cremation at this particular facility.
A condition of approval has been added stating that cremation and body preparation shall not be
established as part of this use at this location.Therefore,there will be no body preparation and/or
crematory activities at this location as part of the proposed project.
Religious Beliefs and Mental Health
Concern for the effects of religious beliefs of some groups was raised.In general,the concern
surrounded proximity to death and the negative effects it could have to the practice of certain
religions.Additional concern was raised regarding the potential for mental health of children and
others as a result of being in proximity to a funeral home.
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Although the staff recognizes the concerns,the DARM department does not analyze specific
religious beliefs or mental health effects during review of land use projects.Rather,DARM’s review
centers around providing an objective and unbiased review of projects compared to consistency with
the Fresno Municipal Code (FMC), Fresno General Plan, and other relevant laws and regulations.
As such,staff finds that the project proposes several measures to minimize potential exposure of
business operations by setting the main building back a distance that exceeds the minimum required
setback,landscaping along the perimeter of the project site,and a six foot high block wall along the
eastern property line.In addition,when a body is brought to the facility for a service,the vehicle
would enter into a gated and fully screened area of the building (i.e.service area/garage).As a result
of these measures (i.e.greater setback,landscaping,block wall,and fully enclosed delivery area),
the potential for exposure to bodies is highly limited.
District Committee
The District 6 Project Review Committee reviewed the proposed project at their regular meeting on
March 19, 2018 and voted 5-0 to recommend approval of the project (see Exhibit L).
Fresno City Planning Commission
The Planning Commission held a public hearing at its regularly scheduled meeting on October 3,
2018 to consider the Plan Amendment,Rezone,an Conditional Use Permit applications,along with
relevant environmental findings.
One member of the public spoke in support of the proposed project,and one in opposition.The one
opposing speaker provided a list of surrounding property owners who also opposed the proposed
project.In addition,one member of the public called on October 3,2018 in opposition of the
proposed project.Opposition was mainly centered on traffic related issues along East Nees Avenue.
Following a complete hearing,the Commission unanimously voted and recommended the City
Council approve Plan Amendment Application No.A-17-009,Rezone Application No.R-17-013,
Conditional Use Permit Application C-17-101,and the associated Initial Study/Negative Declaration.
The Planning Commission resolutions (Exhibit M) are attached for more information.
Fresno Municipal Code Findings
Based upon analysis of the applications,staff concludes that the required findings of Section 15-5812
for the Plan Amendment and Rezone,and Section 15-5306 for the Conditional Use Permit of the
FMC can be made. These findings are attached as Exhibit N.
ENVIRONMENTAL FINDINGS
An environmental assessment was prepared (see Exhibit O)for this project in accordance with the
requirements of the California Environmental Quality Act (CEQA)Guidelines.This process included
the distribution of requests for comment from other responsible or affected agencies and interested
organizations.
Preparation of the environmental assessment necessitated a thorough review of the proposed project
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and relevant environmental issues and considered previously prepared environmental and technical
studies pertinent to the area, including the Fresno General Plan MEIR SCH No. 2012111015 (MEIR).
The City of Fresno has conducted an initial study of the above-described project,and it has been
determined to be a subsequent project that is not fully within the scope of the MEIR prepared for the
Fresno General Plan as provided by CEQA,as codified in the Public Resources Code (PRC)Section
21157.1(d)and the CEQA Guidelines Section 15177(c).Therefore,DARM proposes to adopt a
Negative Declaration for this project.
It has been further determined that all applicable mitigation measures identified within the Fresno
General Plan MEIR have been applied to the project to assure that the project will not cause
significant adverse cumulative impacts,growth inducing impacts,and irreversible significant effects
beyond those identified by the MEIR as provided by CEQA Section 15178(a).In addition,pursuant to
PRC Section 21157.6(b)(1),staff has determined 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 the MEIR was certified as complete,
has become available.Therefore,it has been determined based upon the evidence in the record that
the project will not have significant impact on the environment and that the filing of a negative
declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and
CEQA Guidelines Section 15178(b)(1) and (2).
Based upon the attached environmental assessment,staff has determined that there is no
substantial evidence in the record that the project may have a significant direct,indirect,or
cumulative effect on the environment and has prepared a negative declaration for this project.A
public notice of the attached negative declaration finding for Environmental Assessment No.A-17-
009/R-17-013/C-17-101 was published on June 19,2018 for review and comment.During the 20-day
public review period, no comments were received.
LOCAL PREFERENCE
Local preference was not considered because this ordinance does not include a bid or award of a
construction or service contract.
FISCAL IMPACT
Affirmative action by the 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 inasmuch 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 Development and Resource Management Department.
Attachments:
Exhibit A:Location Map
Exhibit B:Proposed Land Use and Zoning Map
Exhibit C:Conditions of Approval
Exhibit D:Project Information
Exhibit E:Bordering Property Information
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Exhibit F:Proposed Plans
Exhibit G:Operational Statement
Exhibit H:Trip Generation Analysis and City Response
Exhibit I:Conditions of Zoning Analysis
Exhibit J:City Council Notice
Exhibit K:Public Outreach Materials
Exhibit L:District 6 Project Review Committee
Exhibit M:Planning Commission Resolution Nos. 13546, 13547, and 13548
Exhibit N:Fresno Municipal Code Findings
Exhibit O:Environmental Assessment
Exhibit P:City Council Resolution for Plan Amendment Application No. A-17-009
Exhibit Q:City Council Ordinance Bill for Rezone Application No. R-17-013
Exhibit R:City Council PowerPoint Presentation
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EXHIBIT A
Location Map
N FIRST ST E NEES AVE N BOND ST E NILES AVE N FIFTH ST E OMAHA AVE
= Project Site (approximate limits)
N
EXHIBIT B
Proposed Land Use and Zoning Map
30'21'280'296'322'
366'
PRIVATE DR
E
A
U
D
UBONDRN BOND STE GREEN ACRES DR
E MILL CREEK DR
PRIVATE DR
E O M A H A A V E
NASHTONWAYN FOURTH STNFI
RSTSTN BOND STE MUNCIE AVE
N PARK PLACE DRE NEES AVE
E AHWAHNEE AVE
E PORTLAND AVE
N BOND STE N ILES AVE
E OMAHA AVE
N FIFTH STCC
RS-4
RS-4
CC
CC
RS-4
RS-4
RS-4
RS-5RS-4
PI
O
RS-4
CC
RM-1
RS-4
CRC
OS
RS-4
A-17-009APN: 402-220-66836 E Nees Avenue
0 300 600150Fee t/
EX HIBIT
City L imits
From CRC (C omme rcial - Recre ation) to CC (Commercia l - Comm uni ty) (2.49 Ac.)
CRCtoCC
21'30'280'366'296'322'
PRIVATE DR
E
A
U
D
UBONDRN BOND STE GREEN ACRES DR
E MILL CREEK DR
PRIVATE DR
E O M A H A A V E
NASHTONWAYN FOURTH STNFI
RSTSTN BOND STE MUNCIE AVE
N PARK PLACE DRE NEES AVE
E AHWAHNEE AVE
E PORTLAND AVE
N BOND STE N ILES AVE
E OMAHA AVE
N FIFTH STCC
RS-4
RS-4
CC
CC
RS-4
RS-4
RS-4
RS-5RS-4
PI
O
RS-4
CC
RM-1
RS-4
CRC
OS
RS-4
R-17-013APN: 402-220-66836 E Nees Avenue
0 300 600150Fee t/
EX HIBIT
City L imits
To recla ssify a po rtion of th e prope rty fr om CRC to CC/UGM/cz 2.49
CRC/UGM/c ztoCC/U GM/c z
EXHIBIT C
Conditions of Approval
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CONDITIONS OF APPROVAL
OCTOBER 3, 2018
CONDITIONAL USE PERMIT APPLICATION NO. C-17-101
836 East Nees Avenue (APN: portion of 402-220-660)
The Planning Commission will consider recommending approval to City Council of Plan
Conditional Use Permit Application No. C-17-101 at a noticed public hearing on October 3,
2018 at 6:00 p.m. or thereafter. Staff recommends that these special permit applications be
recommended for approval to the City Council, subject to the conditions listed in this
document.
Project Description: Gary Giannetta of Gary Giannetta Consulting Civil Engineers has filed Plan
Amendment Application No. A-17-009, Rezone Application No. R-17-013, and Conditional Use Permit
Application No. C-17-101 pertaining to a ±2.5-acre portion of property located on the northeast corner
of East Nees Avenue and North Bond Street, on a 22.81-acre parcel. Plan Amendment Application
No. A-17-009 proposes to amend the Fresno General Plan and the Woodward Park Community Plan
from Commercial - Recreation to Commercial - Community. Rezone Application No. R-17-013
proposes to amend the Official Zone Map to reclassify a portion of the property from CRC/UGM/cz
(Commercial – Recreation/Urban Growth Management/conditions of zoning) to the CC/UGM/cz
(Commercial – Community/Urban Growth Management/conditions of zoning) zone district.
Conditional Use Permit Application No. C-17-101 proposes construction of an approximately 9,175
square foot funeral home to include a chapel with approximately 190 seat capacity, associated
landscape, and on-site parking.
A Negative Declaration had been prepared for Environmental Assessment No. A-17-009/R-17-013/C-
17-101 dated June 19, 2018 for purposes of the proposed project by the Development and Resource
Management Department. No additional environmental analysis is required beyond what was
analyzed by Environmental Assessment No. A-17-009/R-17-013/C-17-101. The approval of this
project is subject to compliance with the Conditions of Approval on the following page(s):
Conditions of Approval
Plan Amendment Application No. A-17-009
Rezone Application No. R-17-013
Conditional Use Permit Application No. C-17-101
October 3, 2018
Page 2
CONDITIONS OF APPROVAL
PART A – ITEMS TO BE COMPLETED
Planner to
check when
completed
The following items are required prior to issuance of Building Permits:
1.
Development shall take place in accordance with Exhibits A-1, A-2, E, F, L-1 and L-2
dated October 3, 2018. Transfer all red line notes, comments, conditions, etc. to the
corrected exhibit(s) and submit to planner at least 15 days prior to sign off of the site
plan.
2. Show triangular sight-distant area on site plan and landscape plan at all driveway
locations, per Section 15-2018 of the Fresno Municipal Code (FMC).
3.
Body preparation and crematory activities shall not be allowed at this site as part of the
use. Revise operational statement to state that no crematory and/or body
preparation will be included as part of the proposed use.
4.
Lighting shall comply with Section 15-2015 of the FMC. Revise lighting plan to
depict that no light, combination of lights, or activity shall case light exceeding
0.5 foot candles onto a residentially zoned property, or any property containing
residential uses. Add note to site plan that all site lighting shall comply with this
section.
5.
Trees are not permitted within the Fresno Irrigation District easement along East Nees
Avenue. Revise landscape plan to show no trees within the FID easement. Shrubs
and non-root intensive shrubs and landscape may be permitted subject to review and
approval by FID.
6.
Dedications for the project may be required. Deed documents (up to 2 month
processing time) for the required dedications must conform to the format specified by
the city and shall be prepared by the applicant’s engineer. The cost of deed document
processing and recordation fee must be paid at the time of deed submittal and
submitted with verification of ownership prior to the issuance of building permits.
Contact Jeff Beck at (559) 621-8560 or jeff.beck@fresno.gov for additional information.
7.
Prior to issuance of building permits a lot line adjustment is required to establish
this configuration. Contact Frank Saburit at (559) 621-8797 or
frank.saburit@fresno.gov for additional information.
8.
Landscape plans shall comply with and include the information per Section 15 -2304-A
of the FMC. Revise landscape plans to show the necessary information required
and submit to planner at least 15-days prior to issuance of building permits.
Conditions of Approval
Plan Amendment Application No. A-17-009
Rezone Application No. R-17-013
Conditional Use Permit Application No. C-17-101
October 3, 2018
Page 3
9.
Per Section 15-2416 of the FMC, a covenant is required for the proposed stacked
parking. Please submit application for the covenant through the online citizen portal
Fresno FAASTER (https://lmsaca.fresno.gov/citizenAccess/) and pay applicable fees.
The covenant may take up to 45 days to complete. The fee for the covenant is $1,094
and requires submittal of a title report dated within 30 days of submittal.
10.
Any signage shall require a separate sign permit. Please submit application and pay
applicable fees. Signage shall comply with Article 26 of the FMC. Please submit
application for the covenant through the online citizen portal Fresno FAASTER
(https://lmsaca.fresno.gov/citizenAccess/) and pay applicable fees.
11. Provide proof of payment of Fresno Metropolitan Flood Control District (FMFCD) fees.
Refer to the FMFCD letter dated August 24, 2017 for fee amount.
12.
Submit an Air Impact Assessment (AIA) application to the San Joaquin Valley Air
Pollution Control District (SJVAPCD) for review. Refer to the SJVAPCD dated June 12,
2018 for additional information.
13. Add applicable notes from the attached document titled “Notes and Requirements for
Entitlement Applications”.
The following items are required prior to issuance of the certificate of occupancy:
14.
Landscaping must be in place before issuance of the certificate of occupancy. A
Hold on Occupancy shall be placed on the proposed development until such time that
landscaping has been approved and verified for proper installation by the Development
Services Division.
The following items are required prior to final inspection:
15.
Prior to final inspection, a written certification, signed by a landscape professional
approved by the Director, shall be submitted stating that the required landscaping and
irrigation system was installed in accordance with the landscaping and irrigation plans
approved by the Development Services Division, Development and Resource
Management Department (see form, attached).
PART B – OTHER REQUIREMENTS
1) Planning/Zoning/Environmental Compliance Requirements
a) Property development standards and the complete list of planning requirements/conditions for this
project are contained in the “Property Development Standards Checklist” prepared for C-17-101
dated November 17, 2017, attached to this document for reference.
b) Development and operation shall take place in accordance with the attached “Notes and
Conditions of Approval
Plan Amendment Application No. A-17-009
Rezone Application No. R-17-013
Conditional Use Permit Application No. C-17-101
October 3, 2018
Page 4
Requirements for Entitlement Applications” as applicable.
c) Development shall take place in accordance with the policies of the Fresno General Plan, the
Woodward Park Community Plan, and the Commercial-Community planned land use
designation proposed by Plan Amendment Application No. A-17-009, Rezone Application No.
R-17-013, and Conditional Use Permit Application No. C-17-101.
d) Development shall take place in accordance with the CC/UGM/cz (Commercial-
Community/Urban Growth Management/conditions of zoning) zone district; Section 15-2714
Body Preparation and Funeral Services; and all other applicable sections of the FMC.
e) Comply with the operational statement dated October 12, 2017 and amend as required by
these Conditions of Approval, Part A, Item 3.
2) City and Other Services
a) Development shall take place in accordance with the attached memoranda and letters from
City of Fresno Departments and partner agencies:
(i) Fire Department dated September 10, 2017 and November 16, 2017;
(ii) Fresno Irrigation District dated August 14, 2017;
(iii) Public Works dated September 11, 2017;
(iv) Public Works - Traffic dated August 23, 2017 and November 14, 2017;
(v) Public Utilities, Sewer, Solid Waste, Water, and Wastewater dated August 28, 2017;
(vi) County Department of Public Health dated August 8, 2017;
(vii) Public Works – Traffic (regarding TIS) dated September 12, 2017;
(viii) San Joaquin Valley Air Pollution Control District dated June 12, 2018;
(ix) Public Works Development and Impact Fees estimate dated June 8, 2018 ;
(x) Public Works Traffic and Engineering Community Facilities Districts dated September 5,
2017;
(xi) Public Works Median Island Maintenance dated September 21, 2017;
(xii) San Joaquin Valley Air Pollution Control District dated September 21, 2017;
(xiii) Building and Safety Division dated November 3, 2017.
3) Miscellaneous Requirements
a) Approval of this special permit shall be considered null and void in the event of failure by the
applicant and/or the authorized representative, architect, engineer, or designer to disclose and
delineate all facts and information relating to the subject property and the proposed
development including, but not limited to, the following:
(i) All existing and proposed improvements including but not limited to buildings and
structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land
use areas on the subject property and all of the preceding which are located on adjoining
property and may encroach on the subject property;
(ii) All public and private easements, rights-of-way and any actual or potential prescriptive
Conditions of Approval
Plan Amendment Application No. A-17-009
Rezone Application No. R-17-013
Conditional Use Permit Application No. C-17-101
October 3, 2018
Page 5
easements or uses of the subject property; and,
(iii) Existing and proposed grade differentials between the subject property and adjoining
property zoned or planned for residential use.
b) Approval of this special permit may become null and void in the event that development is not
completed in accordance with all the conditions and requirements imposed on this special
permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The
Development and Resource Management Department shall not assume responsibility for any
deletions or omissions resulting from the special permit review process or for additions or
alterations to construction plans not specifically submitted and reviewed and approved
pursuant to this special permit or subsequent amendments or revisions.
BACKCHECK PROCESS
Please Note: To complete the back-check process for building permits relative to planning and
zoning issues, submit four copies of this corrected, final site plan, together with three copies
of the elevations, landscape, and irrigation plans, any fees and title reports for required
covenants, and any required studies or analyses to Ricky Caperton in the Development
Services Division for final review and approval, at least 15 days before applying for building
permits.
It may be necessary to resubmit these “corrected exhibits” a second time if not all the
conditions have been complied with or are not shown on the exhibits. Once the “corrected
exhibits” are approved by the Development Services Division, please place these exhibits in
the plan check set and contact the Development Services Division, along with Traffic
Planning, to set up an appointment to signoff and stamp these exhibits. Please bring one
additional copy of the site plan exhibit(s) to this appointment so that the Development
Services Division has a final signed-off copy of the site plan.
Copies of the final approved site plan, elevations, landscaping, and irrigation plans stamped by the
Development Services Division must be submitted for unstamped copies of the same in each of the
sets of construction plans submitted for plan check prior to the issuance of building permits.
EXPIRATION DATES
The exercise of rights granted by this special permit must be commenced by within three years from
the date of City Council approval, pursuant to FMC Sections 15-5013-A, C, D and E. An extension of
up to one additional year may be granted, provided that the findings required under FMC Section 15-
5013-A.1 are made by the Director. All required improvements must be installed prior to the operation
of the proposed use.
Pursuant to Section 15-5308 of the FMC an expiration date of seven years from the date of appr oval
has been established for Conditional Use Permits. Therefore, the approval for C -17-101 shall expire
on seven years from the date of City Council approval.
Conditions of Approval
Plan Amendment Application No. A-17-009
Rezone Application No. R-17-013
Conditional Use Permit Application No. C-17-101
October 3, 2018
Page 6
Enclosures: Exhibits
Comments from Partner Agencies & Departments
Notes and Requirements for Entitlement Applications
Property Development Standards Checklists Prepared for C-17-101
Landscape Certification Form
A-17-009/R-17-013-C-17-101
A-1 10/3/18
A-17-009/R-17-013/C-17-101 A-2 10/3/18
WHITEHURST SULLIVANFuneral HomeAUGUST 2018RAARAA70131 / EP00-00_180829_208/30/1809/25/17CHECKED BY:DATE:DATE:DATE:DATE:213DRAWN BY:HIGGINSON ARCHITECTS, INC.29 SOUTH SIXTH STREETREDLANDS, CALIFORNIA 92373Ph. (909) 375-3030This plan / design may not be copied, reproducedor assigned to any third party without the writtenconsent of Higginson Architects, Inc.Copyright 2016HIGGINSONARCHITECTSINCORPORATEDFax (909) 375-4040HISNEDCARHNO.C19168L
CI
A
E
V
I
DDATST
REN.FOENSO INIGGTETCO10-31-17IFCALR
IA
N
WHITEHURST SULLIVAN
BURNS & BLAIR FUNERAL
HOME
SCI
FRESNO, CALIFORNIAA4.0EXTERIORELEVATIONSEXTERIOR ELEVATIONS1/8" 20A-17-009/R-17-013/C-17-101E-110/3/18
AUGUST 2018RAARAA70131 / FP00-00_18083008/30/1809/25/17CHECKED BY:DATE:DATE:DATE:DATE:213DRAWN BY:HIGGINSON ARCHITECTS, INC.29 SOUTH SIXTH STREETREDLANDS, CALIFORNIA 92373Ph. (909) 375-3030This plan / design may not be copied, reproducedor assigned to any third party without the writtenconsent of Higginson Architects, Inc.Copyright 2016HIGGINSONARCHITECTSINCORPORATEDFax (909) 375-4040HISNEDCARHNO.C19168L
CI
A
E
V
IDDATST
REN.FOENSO INIGGTETCO10-31-17IFCALRIA
N
WHITEHURST SULLIVAN
BURNS & BLAIR FUNERAL
HOME
SCI
FRESNO, CALIFORNIAA1.0FLOOR PLANFLOOR PLAN1/8" 20107CHAPEL127TELE./I.T.122MANAGER108SERVICECORRIDOR118JANITOR117RR105FSC101LOBBY103RECEP.125MEN124WOMEN119HOSPITALITY106ARRANGEMENT113RECEIVING102CHAPELFOYER121PUBLICCORRIDOR120SELECTIONROOM114ADMIN.116STATE ROOM 2111DRESSING109BREAKROOM110FLOWER126MECH104FOYER115STATE ROOM 1104FOYER123PORTECOCHERE2'-0"17'-11"2'-0"28'-1"12'-6"12'-0"25'-7"2'-0"11'-8"10'-8"12'-8"11'-6"21'-11"47'-5"120'-11"12'-0"18'-9"30'-3"2'-0"6'-0"2'-0"6'-0"2'-0"6'-0"2'-0"3'-0"
8'-0"
89'-11"
9'-0"
3'-0"74'-11"3'-0"8'-0"4'-6"12'-11"2'-0"6'-0"2'-0"6'-0"2'-0"6'-0"2'-0"9'-4"12'-11"12'-0"5'-8"13'-7"11'-2"P R O J E C TN O R T H1'-2"9'-3"10'-3"9'-0"CONC SIDEWALKFIRE RISER1121'-2"10'-3"112REP ROOWORK ROOMA-17-009/R-17-013/C-17-101F10/3/18
SEQUOIA SEMPERVIRENS'APTOS BLUE'ARBUTUS UNEDOSTRAWBERRY TREEPISTACIA CHINENSISCHINESE PISTACHELAGERSTROEMIA HYBRID'NATCHEZ'JUNIPERUS CHINENSIS'SKYROCKET'FRAXINUS OXYCARPA'RAYWOOD ASH"BUCHLOE DACTYLOIDESUC VERDE BUFFALO GRASSFESTUCA RUBRANO-MOW RED FESCUEP L A N T I N G L E G E N DSYM. BOTANICAL/COMMON NAMEP R E L I M I N A R YMIXED FLOWERING SHRUBSLOW-WATER USEMIXED EVERGREEN SHRUBSMYRTUS COMMUNISRHAMNUS CROCEARHAMNUS MOUND SAN BRUNOWESTRINGIA MUNDIGREVILLEA SP.ROSMARINUS IRENEERIOGONUM SHASTA SULFURFESTUCA RIVER HOUSE BLUESAGAVE ATTENUATALAVENDULA OTTO QUASTANIGOZANTHOS HYBRIDS 1" = 16'-0"L100COLOR LANDSCAPEPLAN1802717JULY20180'16'32'4' 8's h e e t t i t l e :j o b n o :s c a l e :d a t e :revisions project:client:o fsilver bar studio
landscape architecture
environmental design
mariposa, ca.WHITEHURST SULLIVANBURNS & BLAIRFUNERAL HOMESGH ARCHITECTSREDLANDS, CA30" WIDE STONEBORDER-TYP.VARYING-WIDTH STONE"DRY CREEK"-TYP.A-17-009/R-17-013/C-17-101L-110/3/18A-17-009/R-17-013/C-17-101L-110/3/18
EX. CURB & GUTTER TO REMAIN (TYP)
EX. MEDIAN ISLAND TO REMAIN (TYP)
SERVICE
28 STACKED CARS
PORTE COCHEREDRIVE
EX 8" SEWER TO REMAIN
EX 12" WATER TO REMAIN EX 8" SEWEREX 8" WATEREX. 60" F.I.D. PIPELINEEX 8" SEWER TO REMAINEX 8" WATER TO REMAIN(PUBLIC)(PRIVATE)EX 8" SEWER TO REMAIN
EX 12" WATER TO REMAIN
72'
192'96'72'13'2'5.5'
EX. 4' WIDE CONCRETE WALK
120'EX. 6' BLOCK WALL
6'-0" CMU WALL ALONG EAST PROPERTY LINE
VACAN
T
PROPOSED SIDEWALK
EX. WOOD POLE
TO BE REMOVED
EX. ELECT. BOX
TO REMAIN
EX. SIGNAL LIGHT (TYP)
EX. SIGNAL POLE
%%UFUNERAL HOME
9,175 SF
%%UPROPOSED
(NO WIRE)
NEES AVENUE
NO
PARKING
NO
PARKING CLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVA20'10'247.7'
2011.9'
1206'
641.4'
41'372'600'228'600'384'
30'72'
48'
60'
72'
48'
60'
5
4
3
2
EX. 20' F.I.D. EASEMENT
EX. 20' FID EASEMENT
LANDSC
A
P
I
N
G
LANDSC
A
P
I
N
G
LANDSC
A
P
I
N
G
LANDSC
A
P
I
N
G
LANDSCAPINGLANDSCAPINGLANDSCAPINGLANDSCAPINGLANDSCAPINGLANDSCAPING3ME 3ME 3ME
4ME
3ME 3ME
3ME
4ME
4ME
4ME 4ME
3ME
3ME
3ME
4ME 4ME
Luminaire Schedule
Symbol Qty Label Arrangement Lumens/Lamp LLF Total Watts Description
3 OSQ-4ME-1 SINGLE 16959 0.930 390 OSQ-A-NM-4ME-K-40K-UL-xx + OSQ-DAxx
10 OSQ-3ME-1 SINGLE 16959 0.930 1300 OSQ-A-NM-3ME-K-40K-UL-xx + OSQ-DAxx
1 OSQ-3ME-3 2 @ 90 DEGREES 16959 0.930 260 OSQ-A-NM-3ME-K-40K-UL-xx + OSQ-DAxx
Footcandles calculated using predicted lumen values after 50K hours of operation
Label Avg Max Min Avg/Min Max/Min
PAVEMENT 3.09 15.0 0.5 6.18 30.00
PROPERTY LINE 0.00 0.0 0.0 N.A.N.A.
0
Date:7/23/2018
Filename: V:\Common\AppEng\OUT\170920GP1CJBR4.AGI
1200 92nd Street - Sturtevant, WI 53177
www.cree.com - (800) 236-6800
Illumination results shown on this lighting design are based on project parameters provided to Cree, Inc. used in conjunction with luminaire
test procedures conducted under laboratory conditions. Actual project conditions differing from these design parameters may affect field results.
The customer is responsible for verifying dimensional accuracy along with compliance with any applicable electrical, lighting, or energy code.
60 120
Scale: 1"=30'
Layout by: CHRIS BOSANEC
SR-26162Project Name: WHITEHURST FUNERAL HOME
Footcandles calculated at 12" above grade
Pole Schedule
(13) PS4S17C1XX (17' X 4" X .125" STEEL SQUARE POLE)
(1) PS4S17C2XX (17' X 4" X .125" STEEL SQUARE POLE)
Proposed poles meet 140 MPH sustained winds.
MOUNTING HEIGHT = 17' POLE + 3' BASE
ADDITIONAL EQUIPMENT
(15) OSQ-DAXX (DIRECT ARM MOUNT)
4
A-17-009/R-17-013/C-17-101 L-1 10/3/18
A-17-009/R-17-013/C-17-101 L-2 10/3/18
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
District Type – Commercial District
PROJECT DESCRIPTION
Application No. C-17-101, R-17-013, and A-17-009, proposes construction of a 9,175 square-foot funeral home,
which includes a 190-seat chapel, at the NE Corner of E. Nees Ave & North Bond Street (APN: 402-220-66). The
project would include a lot line adjustment to create an approx. 2.49 acre parcel where the project would be located.
The project proposes stacked parking, as well as traditional parking along the perimeter of the parcel. The project
would amend the General Plan and Woodward Park Plan Land Use Designation from Commercial-Recreation to
Commercial-Community and Rezone the site from CRC (Commercial – Recreation) to CC (Commercial-
Community).
APN: 402-220-66 ADDRESS: 836 E. Nees Avenue
GENERAL INFORMATION – Fresno General Plan Land Use Designation is Commercial
Community (proposed).
Zoning
Existing CRC/UGM/cz
Requested CC/UGM/cz
Plans
Community Plan Woodward Park
Specific Plan N/A
Redevelopment N/A
Previous Actions
Applications N/A
Covenants/Easements A cross access agreement will be required as part of the lot line adjustment.
Development Agreements N/A
Tract Map or Lot Split A lot line adjustment is required to create the approximately 2.50 acre parcel.
PROPERTY DEVELOPMENT STANDARDS
15-1202 - Use Regulations
Note: Refer to Table 15-1202 to determine the proposed land use regulations for Commercial Districts.
Use Permitted
a. What is the zoning of the subject site? CC
b. Is the use of the project allowed in the zone district?
☒Yes ☐No
c. What is the proposed use? Funeral Parlors and Internment Services
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
d. Does the project require an approval of a Conditional Use
Permit? ☒Yes ☐No
e. Are there any additional regulations? If yes, then list the
additional regulations here as well. (For example, is the
proposed use a special use listed in Article 27?)
☒Yes ☐No
Additional requirements, if applicable:
Section 15-2714, Body Preparation and Funeral Services
15-1203 - Intensity and Massing Development Standards
Note: Below this table will have a checklist table for the requirements stated in the additional regulations section, in numerical order.
Lot and Intensity Standards – Commercial Districts
District CMS CC CR CG CH CRC Additional Regulations Does project meet
requirement?
Minimum District
Size (sq. ft.,
unless otherwise
noted)
5,000 32,670 15
acres 12,000 15,000 4 acres
☒Yes ☐ No
☐Not applicable
Minimum Lot
Size (sq.ft.) - 32,670 10,000 12,000 15,000 15,000
☒Yes ☐ No
☐Not applicable
Minimum Lot
Width (ft.) - 75 100 75 100 100
☒Yes ☐ No
☐Not applicable
Minimum Lot
Depth (ft.) - 100 100 125 125 150
☒Yes ☐ No
☐Not applicable
Maximum Floor
Area Ratio 1.0 1.0 1.0 2.0 0.75 0.5 §15-309, Determining Floor
Area Ratio
☒Yes ☐ No
☐Not applicable
Building Form and Location Standards – Commercial Districts
Maximum Height
(ft.) 35 35 75 35 35 35
§ 15-1204-A, Residential
Transition Standards
§15-2012, Heights and
Height Exceptions
☒Yes ☐ No
☐Not applicable
Setbacks (ft.)
Front
(min/max)** -/10 15/- 15/- 15/- 15/- 15/- §15-313, Determining
Setbacks and Yards
§15-1204-A, Residential
Transition Standards
§15-1204-B, Enhanced
Streetscape
§15-1204-C, Parking
§15-2014,
Projections/Encroachments
into Yards
§15-2305, Areas to be
Landscaped
☒Yes ☐ No
☐Not applicable
Front (min.), with
enhanced
streetscape
- - - - NA NA
☐Yes ☐ No
☒Not applicable
Interior Side
(min.) - - - - - -
☐Yes ☐ No
☒Not applicable
Street Side
(min.) - - - 10 10 10
☐Yes ☐ No
☒Not applicable
Rear (min.) - - - - - -
☐Yes ☐ No
☒Not applicable
Alley (min.) - - - - - -
☐Yes ☐ No
☒Not applicable
Parking, from
back of sidewalk
or curb (min.)
30 - - - - -
☐Yes ☐ No
☒Not applicable
Min. Frontage
Coverage (%) 60 - - - - - §15-317, Determining
Frontage Coverage
☐Yes ☐ No
☒Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
**Note: Projects that have an enhanced streetscape will not be required to provide a front setback. See section 15-1204-B on this document for more
details.
15-309 - Determining Floor Area Ratio
A. Calculating Floor Area Ratio
To calculate FAR, non-residential floor area is divided by site area, and typically expressed as a decimal.
gross non-residential floor area of all buildings on a site
total site area = floor area ratio (FAR)
B. Proposals
Maximum FAR
Permitted
Proposed FAR for Project
Does the proposed FAR
meet criteria in Table 15-
1203-1?
If the Project does not meet the
requirement, what needs to be
changed?
1.0 0.08
☒Yes ☐ No
☐Not applicable
N/A
15-313 - Determining Setbacks and Yards
If a property abuts an Official Plan Line, the required setback shall be established from the Official
Plan Line or the property line, whichever results in a greater setback.
A. Front Setbacks
Requirement:
Front setbacks shall be measured from the back of the sidewalk (including instances where the back of the sidewalk lies withi n the
project parcel) to the portion of the structure that is closest to the front of the lot. In the absence of a sidewalk, the minimum front
setback shall be measured from the back of the curb. In the absence of a sidewalk and curb, minimum front setbacks shall be
measured from the front property line.
Required Setback Proposed Front Setback
for Project
Does proposed Front Setback
meet the given requirement?
If the Project does not meet
the requirement, what needs
to be changed?
15’ minimum 94’
☒Yes ☐ No
☐Not applicable
N/A
B. Side Setbacks
Requirement: (To downsize this document, if there is no street side yards delete that section.)
Side setbacks on interior lot lines shall be measured from the property line. When the side of the lot abuts a street, the
measurement to determine the setback shall be made in the same manner as Front Setbacks.
Required Interior Side
Setback for Project Proposed Interior Side
Setback for Project
Does proposed Interior Side
Setback meet the given
requirement?
If the Project does not meet
the requirement, what needs
to be changed?
N/A N/A
☐Yes ☐ No
☒Not applicable
N/A
Required Street Side
Setback
Proposed Street Side
Setback for Project
Does proposed Street Side
Setback meet the given
requirement?
If the Project does not meet
the requirement, what needs
to be changed?
N/A N/A
☐Yes ☐ No
☒Not applicable
N/A
C. Rear Setbacks
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Requirement:
Required Rear Setback
Proposed Rear Setback
for Project
Does proposed Interior Side
Setback meet the given
requirement?
If the Project does not meet
the requirement, what needs
to be changed?
N/A N/A
☐Yes ☐ No
☒Not applicable
N/A
D. Yards on Alleys
Requirement:
The following special regulations for determining setbacks apply when a lot abuts an alley.
1. If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.
2. In computing the minimum yard for any lot where such yard abuts an alley, no part of the width of the alley may be
considered as part of the required yard.
Required Setback Proposed Yards on Alleys for
Project
Does proposed Yards on
Alleys meet the given
requirement?
If the Project does not meet
the requirement, what needs
to be changed?
N/A N/A
☐Yes ☐ No
☒Not applicable
N/A
15-1204 - Site Design Development Standards
A. Residential Transition Standards
Is the project located where C District is adjacent to a Residential
District?
☒Yes ☐ No
If no, skip to section B, Enhanced Streetscape.
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Height: Maximum height within 40 ft. of an R District is limited
to 30 ft. The maximum height within 50 feet of an R District is 40
ft.
☒Yes ☐ No
☐Not applicable
Project is more than 50 feet from
adjacent residential district.
2a. The front setback shall not be less than the required front
yard on the abutting R District lot within 50 ft. of the R District.
☒Yes ☐ No
☐Not applicable
2b. The interior side and rear setback abutting an R District
boundary shall be 20 ft. In the CMS District, the interior side yard
may be reduced to 10 ft. with Director Approval.
☒Yes ☐ No
☐Not applicable
3. Landscape. See Table 15-2305-C.1, Required Landscape
Buffers.
☒Yes ☐ No
☐Not applicable
Does project propose a multi-story building where the second
story or above is located within 50 ft. of the side or rear yard of a
single family lot?
☐Yes ☒ No
If no, skip to section B, Enhanced Streetscape.
4a. Screening measures include, but are not limited to,
landscaping, alternate window and balcony placements, placing
windows at least six ft. from the floor of the interior of the unit,
incorporating wing walls or louvers, using glass block or other
translucent material, and other such methods.
☐Yes ☐ No
☒Not applicable
4b. Sufficiency of Screening. The Review Authority shall
determine the sufficiency of the proposed screening measures
and may require additional measures.
☐Yes ☐ No
☒Not applicable
B. Enhanced Streetscape
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
If a project has all of the following characteristics, then it is considered to have an enhanced streetscape. Projects
that have an enhanced streetscape will not be required to provide a front setback, as shown on Table 1203-2. If
project does not have the following characteristics, skip to section C, Parking.
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Sidewalks
1. Sidewalks shall be no less than 12 feet in width. If the current
distance between the right-of-way boundary and the face of the
adjacent curb is less than 12 feet, the building shall be set back
from the right-of-way boundary the distance that is necessary to
achieve the required sidewalk width. The portion of the sidewalk
which lies within the private parcel shall be guaranteed for public
access by the enactment of the public access easement.
☐Yes ☐ No
☒Not applicable
Project does not propose an enhanced
streetscape.
Street Trees
2a. Street trees should be located no more than three feet from
the back curb and whenever possible should be aligned with
other trees on the block.
☐Yes ☐ No
☒Not applicable
2b. Street trees should generally be evenly spaced, no less than
20 ft. apart, and not more than 40 ft. apart.
☐Yes ☐ No
☒Not applicable
2c. Whenever possible, trees should not be located directly in
front of building entrances.
☐Yes ☐ No
☒Not applicable
2d. Trees should be placed in tree wells measuring 5 ft. by 5 ft.
To maximize usable sidewalk area, tree wells shall be covered by
grates of a design which is approved by the Director. Larger tree
wells may be required by the Public Works Director for species
requiring more space. The property owner shall assume
maintenance responsibilities for the tree grates.
☐Yes ☐ No
☒Not applicable
2e. Streets should be deciduous, fast growing, drought tolerant,
and should eventually form a tall canopy. Not more than one
species should be planted per block. Whenever nearby pre-
existing trees are in good condition and meet the intent of this
section, new trees should be of the same species.
☐Yes ☐ No
☒Not applicable
Pedestrian-scaled street lights
3a. Street lights should be located no more than 3 ft. from the
curb, and whenever possible should be aligned with street trees
and other lights on the block.
☐Yes ☐ No
☒Not applicable
3b. Street lights should be generally evenly spaced, no less than
30 ft. apart, and not more than 80 ft. apart. Whenever possible,
street lights should be less than 15 ft. from nearby street trees.
☐Yes ☐ No
☒Not applicable
3c. Street lights should not be of the type commonly known as
Cobra Heads or other types which are intended primarily for the
illumination of the sidewalk. Whenever nearby pre-existing lights
are in good condition and meet the intent of this section, new
lights should be of the same type. Intersection safety lights shall
be typical cobra-head design, while mid-block lighting should be
ornamental and scaled for the pedestrian environment. Lighting
shall meet Public Works standards.
☐Yes ☐ No
☒Not applicable
Maintenance
4. If a Community Facilities District is not established to maintain
sidewalks, street trees, and lighting, the applicant shall enter into
a maintenance agreement to ensure the maintenance of said
facilities.
☐Yes ☐ No
☒Not applicable
Facades located with 15 ft. of the public sidewalk
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
5a. If there is a primary common building entrance which
provides access to reception areas, elevators, stairs, and internal
circulation, it shall face and be oriented to the street. If there is a
yard between the sidewalk and the building, a paved path six ft.
in width shall be provided from the public sidewalk to the
entrance.
☐Yes ☐ No
☒Not applicable
5b. Direct entrances from the sidewalk in to individual
establishments located along the street frontage shall be
provided. If there is a yard between the sidewalk and the building,
a paved path six ft. in width shall be provided from the public
sidewalk to the entrance.
☐Yes ☐ No
☒Not applicable
Exterior Walls
6. Exterior walls facing a front or street side lot line shall include
windows, doors, or other openings with transparent glazing for at
least 60% of the building wall area located between 2.5 and
seven ft. above the level of the sidewalk. Openings fulfilling this
requirement shall have transparent glazing and provide views
into work areas, display areas, sales areas, lobbies, or similar
active spaces, or into window displays that are at least two ft.
deep.
☐Yes ☐ No
☒Not applicable
Sidewalk Shading (where buildings are located within two ft. of a public sidewalk ):
7a. Awning or canopy depth shall be no less than four ft. and no
more than ten ft.
☐Yes ☐ No
☒Not applicable
7b. Clearance shall be no less than eight feet and no more than
12 ft. from the finished floor.
☐Yes ☐ No
☒Not applicable
C. Parking
Parking shall be setback as shown in Table 15-1203-2, except as provided below:
If your project has parking that is Underground, Partially Submerged and Podium, or is less than 150 ft. in width or depth, then the
following will apply. If your project does not have any of the following, skip to section D.
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1a. Will there be underground parking?
☐Yes ☒ No
If no, skip to
section 2a.
(n/a)
1b. If so, then parking that is fully underground and below the
street grade may extend from lot line to lot line.
☐Yes ☐ No
☒Not applicable
2a. Will there be partially submerged and podium parking?
☐Yes ☒ No
If no, skip to
section 3a.
(n/a)
2b. Parking that is partially below the street grade may extend to
the setbacks of the main structure. A maximum six ft. of the
parking structure height may extend above the street grade if
screened along street facing elevations by foundation plant
materials. Gates need not be screened.
☐Yes ☐ No
☒Not applicable
3a. Is the lot less than 150 ft. in width or depth?
☐Yes ☒ No
If no, skip to
section D.
(n/a)
3b. On lots less than 150 ft. in width or depth, surface parking
may be located within 50 ft. of a street facing lot line for a
maximum of 50% of the lot frontage if the parking area is
screened with a garden wall, hedge, trellis, and/or other
landscaping or built structures facing the sidewalk.
☐Yes ☐ No
☒Not applicable
D. Public Plazas
This section will apply only to commercial shopping center developments in CC and CR districts.
Skip to section E if your project does not fall into this category.
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. A plaza shall be provided at the entry to each anchor tenant
that provides for pedestrian circulation and loading and
unloading. Entry plazas and passenger loading areas shall
include unique, decorative paving materials, adequate seating
areas, and provision of adequate shade, and attractive
landscaping, including trees or raised planters.
☐Yes ☐ No
☒Not applicable
Project is not a commercial shopping
center.
2. Outdoor plazas for the use of customers and visitors shall be
provided at a rate of five sq. ft. per 1,000 sq. ft. of floor area, up
to 1,500 sq. ft. per plaza.
☐Yes ☐ No
☒Not applicable
3. Plazas shall be visible from a public street or from on-site
areas normally frequented by customers, and shall be accessible
during business hours.
☐Yes ☐ No
☒Not applicable
4. Plazas shall include benches, or other seating, and paving
shall be of high-quality materials. Amenities shall be included that
enhance the comfort, aesthetics, or usability of the space,
including, but not limited to, trees and other landscaping, shade
structures, drinking fountains, water features, public art, or
performance areas.
☐Yes ☐ No
☒Not applicable
E. Pedestrian Access
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Internal Connections:
1. A system of pedestrian walkways shall connect all buildings on
a site to each other, to on-site automobile and bicycle parking
areas, and to any on-site open space areas or pedestrian
amenities.
☒Yes ☐ No
☐Not applicable
External Connections:
2a. If the adjacent Residential, Commercial, Mixed-Use, and
Office districts are undeveloped, stub connections shall be
provided at a frequency of one per 600 ft. Upon the development
of the adjacent parcels, any fencing or gates at the stubs shall be
opened.
☐Yes ☒ No
☐Not applicable
Depict connections to adjacent
undeveloped land at the northern end of
the property in compliance with this
section.
2b. If the adjacent Residential, Commercial, Mixed-Use, and
Office districts are developed and provide connection points
via breaks in the perimeter wall/fence or stub streets, then
the project shall provide pedestrian walkway connections at those
locations.
☐Yes ☐ No
☒Not applicable
2c. If the adjacent Residential, Commercial, Mixed Use, and
Office districts are developed there are no possible
connection points via breaks in the perimeter wall/fence,
then the project shall not be required to provide connections.
☐Yes ☐ No
☒Not applicable
To Circulation Network :
3. Regular connections between on-site walkways and the public
sidewalk and other planned or existing pedestrian routes shall be
provided. An on-site walkway shall connect the primary building
entry or entries to a public sidewalk on each street frontage.
☒Yes ☐ No
☐Not applicable
To Streets:
4. Direct and convenient access shall be provided to adjoining
residential and commercial areas to the maximum extent feasible
while still providing for safety and security.
☒Yes ☐ No
☐Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
To Transit:
5. Safe and convenient pedestrian connections shall be provided
from transit stops to building entrances.
☒Yes ☐ No
☐Not applicable
Pedestrian Walkway Design:
6a. Walkways shall be a minimum of four feet wide, shall be
hard-surfaced, and paved with concrete, stone, tile, brick, or
comparable material.
☒Yes ☐ No
☐Not applicable
6b. Where a required walkway crosses driveways, parking areas,
or loading areas, it must be clearly identifiable through the use of
a raised crosswalk, a different paving material, or similar method.
☒Yes ☐ No
☐Not applicable
6c. Where a required walkway is parallel and adjacent to an auto
travel lane, it must be raised or separated from the auto travel
lane by a raised curb at least six inches high, bollards, or other
physical barrier.
☒Yes ☐ No
☐Not applicable
F. Service Areas and Loading
Service and loading areas should be integrated with the design of
the building and shall be screened from residential areas. Special
attention shall be given when designing loading facilities in a
location that is proximate to residential uses. Techniques such as
block walls, enhanced setbacks, or enclosed loading can
minimize adverse impacts to residents.
☒Yes ☐ No
☐Not applicable
15-1205 - Façade Design Development Standards
Note: This section applies only to new buildings, building additions, and façade remodels. If your project is not proposing any of the changes, skip to the
next section, Other General Site Regulations.
A. Building Articulation
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
All street-facing facades, including freeway-facing facades, must
include at least one projection or recess at least two feet in depth
for every 25 horizontal ft. of wall.
☐Yes ☒ No
☐Not applicable
Façade facing E. Nees will need to add a
projection or recess of a minimum of 2’
depth consistent with this requirement.
B. Building Materials and Finishes
1. Each side of a building that is visible from a street or
passenger railway shall be designed with a complementary level
of detailing and quality of materials.
☒Yes ☐ No
☐Not applicable
2. Veneers should turn corners, avoiding exposed edges and
continue down the side of a building to a logical break, such as a
change in wall plane. Material changes at outside corners should
be avoided.
☒Yes ☐ No
☐Not applicable
3. Windows shall maintain a consistent design character
throughout the development and shall be of the same material on
all elevations facing a street.
☒Yes ☐ No
☐Not applicable
4. Building entrances and common areas shall be accentuated
with enhanced finishes and materials that are durable and high
quality and distinguish these spaces from other elements of the
building.
☒Yes ☐ No
☐Not applicable
5. Parking areas and structures shall be designed to match and
be compatible with the architectural character, materials, and
colors of the overall development.
☒Yes ☐ No
☐Not applicable
6. The design of building additions should follow the same
general scale, proportion, massing, and detailing of the original
structure, and not in stark contrast to the original structure.
☒Yes ☐ No
☐Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
OTHER GENERAL SITE REGULATIONS
Note: The following chart lists all the sections of General Site Regulations. Use the checklist to see which sections will apply to your project, then find
the appropriate table after this checklist for a more in-depth checklist for requirements of the section. To downsize this document, delete sections that do
not pertain to your project.
General Site Regulations
Section Description Does this section apply to your
project?
15-2003 Trails ☐Yes ☒ No
15-2004 Accessory Buildings and Structures ☒Yes ☐ No
15-2006 Fences, Walls, and Hedges ☒Yes ☐ No
15-2008 Screening Between Differing Land Uses ☒Yes ☐ No
15-2009 Security Fencing ☐Yes ☒ No
15-2010 Electric Fences ☐Yes ☒ No
15-2011 Screening of Mechanical and Electrical Equipment ☒Yes ☐ No
15-2012 Heights and Height Exceptions ☐Yes ☒ No
15-2013 Outdoor Service Yards and Storage ☐Yes ☒ No
15-2014 Projections/Encroachments into Required Yards ☐Yes ☒ No
15-2015 Outdoor Lighting and Illumination ☒Yes ☐ No
15-2016 Trash and Refuse Collection Areas ☒Yes ☐ No
15-2017 Underground Utilities ☒Yes ☐ No
15-2018 Intersection Visibility ☒Yes ☐ No
15-2019 Development on Substandard Lots ☐Yes ☒ No
15-2020 Lots with Multiple Zone Districts (Split Zoning) ☐Yes ☒ No
15-2004 - Accessory Buildings and Structures
A. Applicability
These provisions apply to:
1. All new structures over seven feet in height, including, but not limited to, garages, carports, porte -cocheres, sheds,
workshops, gazebos, greenhouses, cabanas, trellises, play structures, aviaries, covered patios, etc. which collectively
shall be referred to as Accessory Structures, that are attached or detached from and accessory to the main building on
the site.
2. Decks and patios that are 30 inches above the ground elevation, excluding above -ground pools.
B. Relation to Other Structures
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. A detached accessory building may be constructed on a lot on
which there is a permitted main building to which the accessory
building is related.
☒Yes ☐ No
☐Not applicable
2. An accessory building may be constructed prior to a permitted
main building and used for not more than one year in connection
with the construction of the main building. The owner shall sign a
covenant, which will at a minimum, require that the accessory
structure be removed should the main building not be
constructed.
☐Yes ☐ No
☒Not applicable
C. Setbacks
1a. Front and Street-Side Yards. Accessory Structures may not
be located within required front yard or street-side setback areas.
☒Yes ☐ No
☐Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
1b. Alleys. Accessory structures shall be set back a minimum of
five feet from an alley if the Accessory Structure utilizes the alley
for vehicle access.
☐Yes ☐ No
☒Not applicable
2. Accessory Structures shall comply with the setbacks per
the underlying district or operative plan, whichever is greater.
☒Yes ☐ No
☐Not applicable
D. Height
Accessory Structures are subject to the height limitations specific
to the zoning district in which they are located.
☒Yes ☐ No
☐Not applicable
15-2006 - Fences, Walls, and Hedges
A. Applicability
The standards of this section apply to:
1. New fences, hedges, or walls;
2. New development;
3. Building additions to existing buildings that expand the existing floor area by at least 20%, or 2,500 sq. ft., whichever is
less, not including Single-Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative from the date of
adoption of this Code;
4. A new building on a developed site when the new building is more than 300 sq. ft. The 300 sq. ft. shall be cumulative
from the date of adoption of this Code;
5. The demolition and reconstruction of a site;
6. A request for a Discretionary Permit;
7. Change of Occupancy of an existing building as defined by the Building Code; or,
8. Condominium Conversions
9. Exceptions. The standards of this section do not apply to fences that are part of a designated hist oric site.
B. Fence Requirements for CMS District
If the project is not in a CMS District, skip to section C, Fence and Height Locations for All Districts.
In Downtown and other pedestrian -oriented areas it is of critical importance to create an attractive, active, and comfortable
pedestrian environment. It is equally important to secure property and to keep unauthorized people out of private areas. This
subsection has been structured to balance these two needs by allowing the entire perimeter of a block or property to be
secured by a combination of buildings and fences, while not allowing for suburban -style fenced complexes. Buildings should
visually dominate private frontage, with taller fencing filling in the gaps along the street and securing s ides and rears of
properties as put forth below.
Identifying the Front Yard Line:
For the purposes of this subsection only, the Front Yard will be considered to be the area between the Front Yard Line and th e
back of the sidewalk. The Front Yard Line s hall be identified as follows:
a. For sites which abut two or more streets, the Front Yard Line for each street frontage shall be measured individually.
b. The Front Yard shall be the entire area between the back of the sidewalk and a straight parallel line whi ch is located 12
inches behind the façade of the primary building and which extends along the entire frontage (the "front yard line").
c. For complex or highly articulated buildings the front yard line shall be measured from the furthest point back on the str eet-
facing façade of the building, at the discretion of the Review Authority.
d. When there is more than one building along a lot's frontage (as determined by the Review Authority), the front yard line
shall be measured from the façade of the building (exclud ing accessory buildings) along the frontage which is set back the
greatest distance.
e. Front yard fence standards shall apply to all fences within the Front Yard, including those which are parallel or
perpendicular to the street and including those which enclose porches, patios, and other such spaces.
f. A frontage shall not have a Front Yard Line, and all fences on that frontage shall be considered Interior/Rear Yard Fences,
if the following circumstances apply:
i. The building sits directly at the back of the sidewalk, and no other building exists on that frontage of the lot.
ii. The site is occupied by a legal non-conforming parking lot without a building on site.
iii. The site is occupied by legal non-conforming buildings which are set back more than 50 feet.
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Front Yard
1a. Minimum Setback. All fences shall be set back no
less than 12 inches from the back of the sidewalk and
may not be located in the public right-of-way. No
setback is required from side and rear property lines.
☐Yes ☐ No
☒Not applicable
1b. Maximum Height. Three feet.
☐Yes ☐ No
☒Not applicable
1c. Transparency. Fences must be open a minimum of
80% (e.g., no more than 20% opaque) to allow for the
passage of light and air.
☐Yes ☐ No
☒Not applicable
1d. Materials
i. Front yard fence materials shall consist only of wood,
tubular steel, wrought iron, or other decorative metal. Brick,
stone, or stucco piers may be used in combination with
these materials. New chain link front yard fences are
prohibited.
☐Yes ☐ No
☒Not applicable
ii. Retaining walls shall be designed consistent with the
architectural style of the main building. Retaining walls shall
consist only of decorative concrete, masonry, stone, or
brick. Timber may be permitted unless it is in conflict with
the Building Code or applicable Public Works standards.
☐Yes ☐ No
☒Not applicable
iii. Veneer or synthetic materials simulating the actual,
natural material (e.g., brick or stone veneer in place of
actual brick or stone) shall only be allowed upon
demonstrating to the Review Authority that the substitute
material:
(1) Adequately simulates the natural material; and,
(2) Is organized visually to simulate actual construction
using the natural material (e.g., organization of brick
rows, larger stones at the bottom and smaller stones
toward the top).
☐Yes ☐ No
☒Not applicable
Interior and Rear Yards
2a. Minimum Setback. All fences shall be set back no less
than 12 inches from the back of the sidewalk and may not
be located in the public right -of-way. No setback is required
from side and rear property lines.
☐Yes ☐ No
☒Not applicable
2b. Maximum Height. Six feet.
☐Yes ☐ No
☒Not applicable
2c. Transparency. No requirement. Fences and walls may
be up to 100 percent opaque .
☐Yes ☐ No
☒Not applicable
2d. Materials
i. Interior and side yard fence and wall materials shall
consist only of wood, tubular steel, wrought iron, other
decorative metal, brick, stone, stucco, concrete block.
Chain link may be used when it is not visible from a public
street as determined by the Review Authority.
☐Yes ☐ No
☒Not applicable
ii. Interior and side yard fences and walls shall be designed
to be consistent with the architectural style of the main
building when they are visible from a public street as
determined by the Review Authority.
☐Yes ☐ No
☒Not applicable
iii. When visible from a public street, veneer or synthetic
materials simulating the actual, natural material (e.g., brick
or stone veneer in place of actual brick or stone) shall only
be allowed upon demonstrating to the Review Authority that
the substitute materia l:
(1) Adequately simulates the natural material; and,
(2) Is organized visually to simulate actual construction
using the natural material (e.g., organization of brick rows,
☐Yes ☐ No
☒Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
larger stones at the bottom and smaller stones toward the
top).
Through Lots
3. All street frontages shall be considered Front Yards.
☐Yes ☐ No
☒Not applicable
Private Patios, Yards, Etc.
4a. Facing Front Yard or Common Open
Space. Fences, walls, or hedges enclosing private
patios, yards, or porches that face the Front Yard or the
Common Open Space are subject to the requirements
of section 15-2006.E.2.
☐Yes ☐ No
☒Not applicable
4b. Interior Yard and Rear Yards. Fences and walls up
to six feet in height may enclose private patios or yards.
☐Yes ☐ No
☒Not applicable
C. Fence and Height Locations for All Other Uses and Districts
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Other Regulations
1. Fences shall comply with the setback requirements below,
unless a greater setback is required by an operative plan,
adopted policy, or a condition of project approval.
☐Yes ☒ No
☐Not applicable
Screening wall will be required on
eastern boundary at the property line
between the project site and adjacent
residential district. See fence/screening
requirements below. Fence/wall shall
comply with setback requirements below.
Subdivision Approval Conditions
2. In certain circumstances, such as at the rear of landscape
easements, fence locations are identified as part of the
subdivision approval process. In such cases and in the potential
case of conflict with this section, the map conditions of approval
shall govern.
☐Yes ☐ No
☒Not applicable
Street-Facing References
3. Street-facing includes all roadways, including highways .
☐Yes ☐ No
☒Not applicable
Parking Lot Entrances
4. Fence and gate locations may need to provide greater
setbacks than those listed in this section to allow for vehicle
stacking. This includes fencing that limits access to parking lots.
☐Yes ☐ No
☒Not applicable
Front Yard Requirements
5a. Wrought Iron or Tubular Steel. A fence up to four feet in
height may be installed within any required front yard setback.
Fences must be open a minimum of 80% (e.g., no more than
20% opaque) to allow for the passage of light and air.
☐Yes ☐ No
☒Not applicable
5b. All Other Materials. All other fences within any required front
yard setback are permitted up to three feet in height and shall
comply with the main building setback, minus five feet.
☐Yes ☐ No
☒Not applicable
Street-Side Yard Requirements
6a. Wrought Iron or Tubular Steel. A fence up to four feet in
height may be installed within any required front yard setback.
Fences must be open a minimum of 80% (e.g., no more than
20% opaque) to allow for the passage of light and air.
☐Yes ☐ No
☒Not applicable
6b. All Other Materials. All other fences within any required street
side yard setback are permitted up to three feet in height and
shall comply with the main building setback, minus five feet.
☐Yes ☐ No
☒Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Through Lots
7. Both street frontages shall be considered Front Yards.
☒Yes ☐ No
☐Not applicable
Other Yards
8. Outside of the required front yard and street-side yards, the
maximum height for fences is seven feet (regardless of location
on the site) unless the fence is part of Outdoor Storage
per Section 15-2013, Outdoor Service Yards and Storage.
☒Yes ☐ No
☐Not applicable
Bollards
9. Bollards, up to three feet in height may be placed at the rear of
required landscaped areas.
☐Yes ☐ No
☒Not applicable
No bollards are proposed.
Setbacks
10. Unless a greater setback is required in another section of this
Code, fences shall be set back 12 inches from the back of
adjacent sidewalks, or from the curb or shoulder if there is no
sidewalk. Fences may be placed on interior side and rear
property lines.
☐Yes ☐ No
☒Not applicable
Right-of-Way
11. In no circumstance may any fence be placed in the public
right-of-way unless specified elsewhere in this Code.
☒Yes ☐ No
☐Not applicable
Commercial Recreational Fencing
12. Refer to Sections 15-2708 Arcades, Video Games, and
Family and Entertainment Centers and 15-2749, Private
Recreational Sports Facilities.
☐Yes ☐ No
☒Not applicable
D. Temporary Fencing
Is the project a temporary or seasonal use, including
Community Garden, Urban Agricultural, Farming, temporary
sales, etc.?
☐Yes ☒ No
If no, skip to section E, Fence & Retaining Wall
Combinations.
Requirement:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Fencing setbacks shall comply with main building setbacks of the
underlying zone district.
☐Yes ☐ No
☒Not applicable
E. Fence and Retaining Wall Combinations
Is there a retaining wall? ☐Yes ☒ No
If no, skip to section F, Decorative Features.
Requirement:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Where a fence is located on top of a retaining wall, and a six-foot
maximum fence height is normally applicable, the Director may
allow a combined height of fence and retaining wall up to a
maximum of seven feet.
☐Yes ☐ No
☒Not applicable
F. Decorative Features
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Columns and gates may exceed the maximum height
requirements by 4 inches.
☐Yes ☒ No
☐Not applicable
Fence/screening wall details to be
provided.
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
2. On through and corner lots, the exposed (e.g. rough) side of
the fence shall face into the subject parcel, rather than the street.
The finished side of the fence shall be oriented towards the
street.
☐Yes ☐ No
☒Not applicable
3. Fences, greater than 125 ft. in length in Residential Districts
and/or along Major Streets, shall incorporate decorative pilasters
with decorative caps spaced no more than 30 ft. apart. This shall
not apply to industrial districts, unless the industrial district is
located on the same side of the street as existing, planned or
zoned residences.
☐Yes ☐ No
☒Not applicable
4. Decorative caps, not to exceed 4 inches may be added to the
columns of walls.
☐Yes ☐ No
☒Not applicable
5. A wrought iron decorative entry gate, located outside the
required street yard setbacks may be allowed up to 7 ft. in height
in Residential Districts and 8 ft. in Non-Residential Districts with
Director approval.
☐Yes ☐ No
☒Not applicable
15-2008 - Screening Between Differing Land Uses
A. Applicability
The standards to this section apply to:
1. New fences, hedges, or walls;
2. The demolition and reconstruction of a site;
3. New development;
4. A new building on a developed site when the new building is more than 300 sq. ft. The 300 sq. ft. shall be cumulative
from the date of adoption of this code;
5. Building additions to existing buildings that expand the existing floor area by at least 20 percent, or 2,500 sq. ft.,
whichever is less, not including Single Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative
from the date of adoption of this Code;
6. A request for a Discretionary Permit;
7. Change of Occupancy of an existing building as defined by the Building Code; or
8. Condominium Conversions
9. Exceptions. The standards of this section do not apply to fences that are part of designated historic site.
B. Common Property Lines
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1a. A six-foot-high screen wall shall be provided on the interior lot
lines where any non-residential use abuts a residential district
and where multi-family development of four or more units abuts a
single-family residential district. Walls shall step down to three
feet in height along interior property lines within front yards.
☐Yes ☒ No
☐Not applicable
Screening wall required along eastern
property line where project site abuts an
existing residential district. Screening
wall must comply with screening wall
standards below.
1b. Alleys. Where residential and non-residential uses are
separated by an alley, a screen wall is not required, unless
required to screen outdoor storage of material.
☐Yes ☐ No
☒Not applicable
No alleys are present in or near the
project site.
C. Screening Wall Standards
1. Location. Screening walls shall follow the lot line of the lot to
be screened, or shall be so arranged within the boundaries of the
lot so as to substantially hide from adjoining lots the building,
facility, or activity required to be screened.
☐Yes ☒ No
☐Not applicable
Pending details of proposed screening
wall from applicant.
2. Materials. Walls shall be of stucco, decorative block,
decorative concrete panel, or other substantially equivalent
material as approved by the Director. Chain-link or double-faced
wood fencing does not fulfill the screening wall requirement.
☒Yes ☐ No
☐Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
3. Berms. Topography, berming, and other alternative methods of
mitigating the nuisance of noise and light might be considered at
time of project review. An earth berm may be used in
combination with the above types of screening walls, but not
more than one-third of the required height of such screening may
be provided by the berm.
☐Yes ☐ No
☒Not applicable
4. Timing. If a non-residential use develops adjacent to an
existing residential development, the wall shall be constructed
with the new development. Where a six-foot-high wood fence
already exists, the masonry wall footing, when constructed, shall
comply with City standards.
☒Yes ☐ No
☐Not applicable
5. Pedestrian Access. Pedestrian access, or breaks in screening
walls, shall be provided from commercial to residential land uses
in strategic locations to allow for connectivity. Locations shall be
determined and negotiated at the time of approval, unless
otherwise stated in this Code.
☐Yes ☐ No
☒Not applicable
15-2011 - Screening of Mechanical and Electrical Equipment
A. Applicability
The standards to this section apply to:
1. New development;
2. New equipment that is added to serve existing buildings; or,
3. Condominium Conversions
4. Exceptions. Existing equipment that serves existing buildings; and Industrial Districts.
B. Regulations
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Equipment. All exterior mechanical and electrical equipment
shall be screened or incorporated into the design of buildings so
as not to be visible from major streets, highways, passenger
railways, or abutting Residential Districts.
☒Yes ☐ No
☐Not applicable
2. Roof Access Ladders and Fire Sprinkler Risers. Flood access
ladders shall be screened from Major Streets. Fire sprinkler risers
should be designed for interior installation whenever possible
where an exterior location would be visible from a Major Street.
Where site conditions dictate an exterior location for the sprinkler
riser, a three ft. clear space shall be provided between the
screening materials and the riser. The alarm bell and fire
department connection shall be installed so that they are visible
from the street.
☒Yes ☐ No
☐Not applicable
15-2012 - Heights and Height Exceptions
Note: The standards to this section apply to new development or structures or new equipment that is added to serve existing buildings.
A. Applicability
The standards to this section apply to:
1. New development or structures; or
2. New equipment that is added to serve existing buildings.
B. Requirements
Structures listed in Table 15-2012-B, Allowed Projections Above Height Limits, may exceed the maximum permitted building height
for the district in which they are located, subject to the limitations stated in the table and further provided that no porti on of a
structure in excess of the building height may be used for sleeping quarters or advertising and all heights shall comply with any
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
operative Airport Plan.
Permitted Height Proposed Building Height Does the proposed building
height meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
35’ maximum 27’ – 10” maximum
☒Yes ☐ No
☐Not applicable
N/A
15-2015 - Outdoor Lighting and Illumination
A. Applicability
The standards of this section apply to on-site lighting under the following circumstances:
1. New lights
2. The demolition and reconstruction of a site
3. New development
4. Building additions to existing buildings that expand the existing floor area by at least 20 %, or 2,500 sq. ft., whichever is
less, not including Single-Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative from the date of
adoption of this Code;
5. The addition of residential units;
6. A request for a Discretionary Permit;
7. Change of Occupancy of an existing building as defined by the Building Code; or,
8. Condominium Conversions.
B. General Standards
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Pedestrian-Oriented Lighting. 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.
☐Yes ☒ No
☐Not applicable
No lighting plan has been submitted.
Please submit proposed lighting plan to
planner.
2. All exterior doors, during the hours of darkness, shall be
illuminated with a minimum of 0.5 foot-candle of light.
☐Yes ☒ No
☐Not applicable
No lighting plan has been submitted.
Please submit proposed lighting plan to
planner.
C. Maximum Height
Requirements
Lighting fixtures shall not exceed the maximum heights specified in the following table:
TABLE 15-2015-B.3: MAXIMUM HEIGHT OF LIGHTING FIXTURES
District Maximum Height (ft)
Residential Single-Family Districts Shall not exceed the fascia of the home
Residential Multi-Family Districts Shall not exceed the fascia of the unit or 16 feet, whichever
is greater
Commercial and Mixed-Use Districts 20 within 100 of any street frontage or Residential District;
25 in any other location
Employment Districts 25 within 100 of any street frontage; 30 in any other
location
Public and Semi-Public Districts 25, or as necessary for safety and security
Proposed Height of Lighting Fixture Does the proposed height of lighting
fixture meet requirement?
If the project does not meet the
requirement, what needs to be
changed?
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Submit lighting plan.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
D. Fixture Types
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
All lighting fixtures shall be shielded so as not to produce
obtrusive glare onto the public right-of-way or adjoining
properties.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
E. Glare
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
No use shall be operated such that significant, direct glare,
incidental to the operation of the use is visible beyond the
boundaries of the property where the use is located.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
F. Light Trespass
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Direct or sky-reflected glare from floodlights shall not be
directed into any other property or street.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
2. No light or combination of lights, or activity shall cast light
exceeding one foot candle onto a public street, with the
illumination level measured at the centerline of the street.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
3. No light, combination of lights, or activity shall cast light
exceeding 0.5 foot candle onto a residentially zoned property, or
any property containing residential uses.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
G. Prohibited Lighting
Requirements:
Does project
have one of the
prohibited types
of lighting?
If project does have one of the
prohibited types of lighting, what
changes will be made?
The following types of exterior lighting are prohibited:
a. Drop-down lenses;
b. Mercury vapor lights; and,
c. Searchlights, laser lights, or any other lighting that
flashes, blinks, alternates, or moves.
☐Yes ☒ No
☐Not applicable
Submit lighting plan.
15-2016 - Trash and Refuse Collection Areas
A. Applicability
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
The standards of this section apply to:
1. New collection areas;
2. New Development;
3. The demolition and reconstruction of a site;
4. Building additions to existing buildings that expand the existing floor area by at least 20 percent, or 2,500 sq. ft.,
whichever is less, not including Single-Unit Dwellings or Duplexes. The addition and/or expansion shall be cumulative
from the date of adoption of this Code;
5. The addition of residential unit(s) that result in five or more dwelling units
6. A request for a Discretionary Permit
7. Change of Occupancy of an existing building as defi ned by the Building Code; and,
8. Condominium Conversions.
B. Requirements
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. As required per Chapter 6, Municipal Services and Utilities, of
the Fresno Municipal Code.
☐Yes ☒ No
☐Not applicable
See and comply with comments provided
by Kevin Gray from the Department of
Public Utilities regarding solid waste on
August 28, 2017.
2. Uses That Produce Grease. Uses, such as restaurants, that
produce grease shall provide a “grease barrel” enclosure or
alternative as approved by the Public Utilities Director.
☐Yes ☐ No
☒Not applicable
C. Location
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Solid waste and recycling storage areas shall not be located
within any required setback or any landscaped areas except
where a rear yard abuts an alley. Where a rear yard abuts an
alley, the solid waste and recycling storage area may be located
within the required rear yard setback however the gates may not
swing open into the alley.
☒Yes ☐ No
☐Not applicable
2. In non-residential developments that abut a Residential
District, enclosures shall be located as far as possible from the
residential district as feasible and be proximate to the non-
residential development. Enclosure gates shall not open into
drive aisles and shall not block the visibility of pedestrians and
drivers. Refer to Section 15-2018, Intersection Visibility.
☒Yes ☐ No
☐Not applicable
3. Solid waste and recycling areas shall be consolidated to
minimize the number of collection sites and located so as to
reasonably equalize the distance from the building spaces they
serve.
☒Yes ☐ No
☐Not applicable
4. Solid waste and recycling storage areas shall be accessible to
haulers. Storage areas shall be located so that the trucks and
equipment used by the solid waste and recycling collector(s)
have sufficient maneuvering areas and, if feasible, so that the
collection equipment can avoid backing. Project applicants are
responsible for procuring current equipment size and turning
radius from the City or its contracted solid waste and recycling
collector(s).
☒Yes ☐ No
☐Not applicable
D. Materials, Construction, and Design
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
1. Enclosures shall be constructed per City Standards.
☒Yes ☐ No
☐Not applicable
2. Gate material shall be solid, heavy-gauge metal, or a heavy-
gauge metal frame with a covering of a view-obscuring material.
☐Yes ☐ No
☒Not applicable
3. Concrete curbs or equivalent shall protect enclosures from
adjacent vehicle parking and travel ways.
☒Yes ☐ No
☐Not applicable
4. Stormwater Pollution Prevention. Enclosure pads must be
designed to prevent contamination of the stormwater system.
Measures that may be taken to achieve this include, but are not
limited to, using roofs to divert stormwater away from the
enclosures, creating grade breaks to properly direct stormwater
away while keeping any water that may be in the enclosure from
spilling out, and connecting a drain in the enclosure to the sewer
system to collect contaminated water in cases of spillage,
washing, etc.
☒Yes ☐ No
☐Not applicable
5. Landscaping. When visible from a Major Street or a Local
Street that serves residential neighborhoods, the perimeter of
enclosures, excluding gates, shall be planted, with drought-
resistant landscaping, including a combination of shrubs and/or
climbing evergreen vines. This subsection does not apply to
Industrial Districts.
☒Yes ☐ No
☐Not applicable
15-2017 - Underground Utilities
Note: The standards of this section apply to new development, the demolition and reconstruction of a site, and any other time deeme d appropriate by
the Public Works Director.
A. Applicability
The standards of this section apply to all of the following:
1. New development
2. The demolition and reconstruction of a site;
3. Any other time deemed appropriate by the Public Works Director
B. Standards
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. All electrical, telephone, cable television, and similar
distribution lines providing direct service to a development site
shall be installed underground within the site. This requirement
may be waived or deferred by the Public Works Director or the
City Engineer upon a determination that the installation in
infeasible or premature.
☒Yes ☐ No
☐Not applicable
15-2018 - Intersection Visibility
A. Street Intersections
Requirements
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
FIGURE 15 -2018: INTERSECTION V ISIBILITY
TABLE 15-2018-A: REQUIRED TRIANGULAR SIGHT-DISTANCE AREA
Circumstance X Distance (ft.) Y Distance (ft.)
Local Street to Local Street 11 100
Local Street to Collector Street 25 25
Local Street to Arterial 20 100
Local Street to Super Arterial 20 100
Major Street to Major Street Not Required Not Required
Other Requirements:
1. Scaled site plan depicting property lines and dimensioned sidewalk pattern.
Proposed Triangular Sight-Distance
Area
Does the proposed triangular sight-
distance area meet requirements of
Table 15-2018-A?
If the project does not meet the
requirement, what needs to be
changed?
Unspecified on plans
☐Yes ☒ No
☐Not applicable
Specify triangular sight distance area on
plans.
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. Vegetation and structures may not exceed a height of three
feet within the triangular sight-distance area formed by the
intersecting curb lines (or edge of pavement when no curbs exist)
and a line joining points on these curb lines at the locations and
distance identified in Figure 15-2018 and Table 15-2018-A.
☐Yes ☒ No
☐Not applicable
Pending triangular sight distance
specifications on plans.
2. Trees that are located within this sight distance triangle shall
have a clearance of eight ft. high minimum between the lowest
portion of the canopy and the sidewalk and street.
☐Yes ☒ No
☐Not applicable
Pending triangular sight distance
specifications on plans.
3. Applies to all structures, including flag poles and signs.
☒Yes ☐ No
☐Not applicable
No flag poles or structures are proposed
near driveways.
B. Driveways and Alleys
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Visibility of a driveway crossing a street lot line shall not be
blocked above a height of three ft. by vegetation or structures for
a depth of 12 ft. as viewed from the edge of the right-of-way on
either side of the driveway at a distance of 12 ft. Street trees shall
be pruned at least seven ft. above the established grade of the
curb so as not to obstruct clear view by motor vehicle drivers are
permitted.
☐Yes ☒ No
☐Not applicable
Pending triangular sight distance
specifications on plans.
C. Commercial Districts, Refuse Collection Areas, and Drive-Through Lanes
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Vegetation (with the exception of trees) and structures may not
exceed a height of three ft. within the triangular sight -distance
area formed by the intersecting drive aisles and a line joining
points on these aisles at a distance of 10 ft. along both line s from
their intersection. Trees located within this sight distance shall
have a minimum clearance of seven ft. high between the lowest
portion of the canopy and the pavement and shall not be capable
of growing to a width that would obstruct the sight area .
☐Yes ☒ No
☐Not applicable
Pending triangular sight distance
specifications on plans.
D. Vehicle/Pedestrian Conflicts
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
Whenever it is reasonable to expect potential conflicts between
vehicles exiting drive-aisles, drive-throughs, etc., and a
pedestrian path that traverses said aisle, a visibility triangle per
Section C above shall be provided.
☐Yes ☒ No
☐Not applicable
Pending triangular sight distance
specifications on plans.
E. Exempt Structures and Plantings
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
The regulations of this section do not apply to existing buildings
or new buildings in compliance with Base District setbacks; fire
hydrants; public utility poles; saplings or plant species of open
growth habits and not planted in the form of a hedge that are so
planted and trimmed as to leave at all seasons a clear and
unobstructed cross view; official warning signs or signals at
places where the contour of the ground is such that there can be
no cross visibility at the intersection.
☐Yes ☐ No
☒Not applicable
LANDSCAPING
A. Applicability
The standards of this section apply to all of the following:
1. New construction projects with landscapes;
2. Additions (other than to Single-Family Dwellings or Duplexes) to an existing building that expands the existing floor area
by either 20% or more or 2,500 sq. ft. or more, whichever is less. The floor area increases to the existing building shall be
cumulative from the date of adoption of this Code;
3. A new building with a floor area of 300 sq. ft. or more on a developed site. The 300 sq. ft. shall be cumulativ e from the
date of adoption of this Code;
4. The demolition and reconstruction of a site;
5. A first time installed landscape or a re-landscaping project where the new or modified landscape area is equal to or
greater than 500 sq. ft.; or
6. Change of Occupancy of an existing building requiring a change of occupancy permit as defined by the Building Code.
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
7. Exceptions. The standards of this Section do not apply to landscaping that is part of a registered historic site, plant
collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not
require a permanent irrigation system or mined -land reclamation projects that do not require a permanent irrigation
system.
15-2305 - Areas to be Landscaped
A. Required Setbacks
Requirements: Does project meet
requirement?
If project does not meet
requirement, what needs to
be changed?
1. For all permitted paved areas, refer to underlying Base District. ☒Yes ☐ No
☐Not applicable
2. All required setbacks, except for areas used for exit and entry, shall
be landscaped. If an Industrial District abuts another Industrial District,
side and rear yards are not required to be landscaped. However, should
an Industrial District abut any other district or a street, it shall be
landscaped. Where Adjacent to residential, non-residential uses may
require a larger setback under Residential Transition Standards and
landscaping shall be provided as prescribed in Table 15 -2305-C.1.
☒Yes ☐ No
☐Not applicable
B. Required Landscape Buffers and Buffer Yard Types
Requirements
Refer to Table 15-2305-C-1, Required Landscape Buffers, to see when a buffer treatment is required and of what type, based on
the proposed and adjoining use. Only the proposed use is required to provide the buffer yard.
Refer to Table 15-2305-C-2, Buffer Yard Requirements, to see the type of buffer yard required.
An employee or dining patio is allowed within the buffer yard for up to 50 percent of the depth of the required buf fer yard.
Required Landscape
Buffers Proposed Landscape Buffers Does proposed landscape
buffers meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
Type 2 (15’ width)
20’ interior
30’ front (along E. Nees)
22’ (along N. Bond)
☒Yes ☐ No
☐Not applicable
C. Landscape Setback
All areas between site perimeter walls/fencing and lot lines facing a street shall be landscaped. Landscaping shall be
installed and maintained in accordance with the sections of this article and the following standards:
Requirements: Does project meet
requirement?
If project does not meet
requirement, what needs to
be changed?
1. Planting areas more than 10 ft. in width shall be planted with
medium and large trees and medium and large shrubs to span the
entire length.
☒Yes ☐ No
☐Not applicable
2. Planting areas 10 ft. or less in width shall at the very least be
planted with small trees and small to medium size shrubs to span the
entire length.
☒Yes ☐ No
☐Not applicable
3. Vines may be included for areas adjacent to concrete or masonry
walls.
☐Yes ☐ No
☒Not applicable
4. The landscape design shall provide total wall/fence screening from
top to bottom for the entire length within five years. ☒Yes ☐ No
☐Not applicable
5. Trees shall be planted so the canopies could touch for the entire
length within 15 years.
☒Yes ☐ No
☐Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
D. Building Perimeters
Requirements: Does project meet
requirement?
If project does not meet
requirement, what needs to
be changed?
1. All portions of a building that face a public street shall have one or
more landscape planters installed along a minimum of 20% of that
building face. This standard does not apply where a building is located
within three ft. of a public sidewalk, in which case the building
perimeter shall be paved and treated in a manner similar to the
adjacent sidewalk.
☒Yes ☐ No
☐Not applicable
2. The minimum width of the planter shall be three ft. Planters may be
raised or at grade and may include potted plants.
☒Yes ☐ No
☐Not applicable
15-2308 - Trees
A. Requirements
A minimum of one tree for every 2,000 sq. ft. of lot coverage.
Required Number of
Trees Proposed Number of Trees Does proposed number of
trees meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
5 41
☒Yes ☐ No
☐Not applicable
PARKING AND LOADING
Applicability
The requirements of this section apply to the establishment, alteration, expansion, or change in any use or structure, as pro vided in
this section:
1. New Buildings and Land Uses. Parking shall be provided according to the provisions of this article.
2. Building Expansions. Should a building be expanded, parking shall be provided according to the provisions of this article.
3. Use Expansions. Should a use expand without necessarily expanding a building, such as an auto dealership, parking shall
be provided according to the provisions of this article.
4. Change in Use or Change of Occupancy.
a. When a Change in Use or Change in Occupancy creates an increase of 10% or more in the number of required
on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this
article. The number of existing stalls shall be maintained, and additional stalls shall b e required only for such
addition, enlargement, or Change in Use. The Change in Use or Change in Occupancy that creates an increase of
10% or more shall be cumulative from the date of adoption of this Code.
b. If the number of existing parking spaces is great er than the requirements for such use, the number of spaces in
excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition,
enlargement, or Change in Use.
5. Reconstruction of Non-Residential Buildings. Should a building be damaged and/or demolished due to an Act of Nature, a
building may be reconstructed and may provide the same number of stalls provided that there is no increase in building
floor area.
6. Alterations that Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an
existing building or construction of an additional structure or structures requires the provisions of on -site parking to serve
the new dwelling units. If the number of existing parking spac es is greater than the requirements for the existing units, the
number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the
new dwelling units.
7. Non-Conforming Parking or Loading. An existing use of land or structure shall not be deemed to be non-conforming solely
because of a lack of on-site parking and/or loading facilities required by this article, provided that facilities used for on -site
parking and/or loading as of the date of adoption of this Code are not reduced in number to less than what this article
requires.
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
A. Parking Exceptions
Exceptions
A. Buildings Constructed Prior to February 13, 1954. The parking area or space requirements imposed by the provisions of this
Code shall not apply upon a Change of occupancy, as defined by the Building Code, or the building code in affect at the time of the
permit, for nay building or structure which was constructed prior to February 13, 1954.
B. 30-Year-Old or Older Buildings. The parking area or space requirements imposed by the provisions of this Code shall not apply
upon a Change of Occupancy, as defined by the Building Code, or the building in code in affect at the time of the permit, for any
building or structure which is older than 30 years old, provided:
1. The parking area of space is not reduced; and
2. The new use does not involve:
a. Convenience Stores that are 3,000 sq. ft. or less with off-site alcohol sales;
b. Schools (K-12; private or public);
c. Drive-through restaurants
d. Banquet Halls and Religious Assembly Facilities with direct access to local street(s); or
e. Auto-related uses.
C. Building Expansions. Buildings constructed prior to Subsections A and B above may be expanded. Parking for the expanded
area shall be provided per Tables 15-2408 and 15-2409. Buildings constructed prior to this date may not be altered when i t would
result in additional dwelling units without providing parking for the additional dwellings.
D. Small Commercial Uses. The following commercial uses are not required to provide on-site parking when they contain less than
1,000 sq. ft. of floor area: Retail Sales (except off-site alcohol sales), Personal Services, Eating and Drinking Establishments, Food
and Beverage Retail Sales, Offices: Walk-in Clientele, and Banks and Financial Institutions. However, when two or more
establishments are located on a single lot or a shopping center, their floor areas shall be aggregated with all other establishments
located on the lot in order to determine required parking.
Do any of the exceptions apply to the project?
☐Yes ☒ No ☐Not applicable
If project does apply, then parking is excepted.
If project does not apply, then skip to Section C.
B. General Provisions
Requirements: Does project
meet
requirement?
If project does not meet
requirement, what needs to be
changed?
1. Timing of Parking Requirements. On-site parking facilities required by
this article shall be constructed or installed prior to the issuance of a
Certificate of Occupancy for the uses that they serve.
☒Yes ☐ No
☐Not applicable
Add note to site plan.
2. Existing Parking and Loading to be Maintained. No existing parking
or loading serving any use may be reduced in amount or changed in
design, location, or maintenance below the requirements for such use,
unless equivalent substitute facilities are provided.
☐Yes ☐ No
☒Not applicable
3a. Will there be an inoperable vehicle on-site? (If no, skip to Section C.) ☐Yes ☒ No
☐Not applicable
3b. Inoperable vehicles shall be screened from public streets. If staging for
repair, vehicles may only be visible for up to eight hours prior to being
moved into the repair garage. Inoperable vehicles may not be stored in
public view overnight unless the vehicle was transported to the site after
business hours.
☐Yes ☐ No
☒Not applicable
C. Required Parking for CMS District
Requirements
Refer to Table 15-2408, Required On-Site Parking Spaces, to determine the required amount of parking. The parking requirement
for any use not listed in Table 15-2408 shall be the same as required in Table 15-2409, Required Parking, Other Districts. Note that
you will also have to use Section 15-2411, Calculation of Required Spaces, when calculating the required number of parking
spaces. If your project does not fall under the CMS District, move to section D.
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Required Parking for CMS
District
Proposed Parking for CMS
District
Does proposed parking
meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
N/A N/A
☐Yes ☐ No
☒Not applicable
N/A
D. Required Parking for Other Districts
Requirements
Refer to Table 15-2409, Required On-Site Parking Spaces, Other Districts to determine the required amount of parking. Note that
you will also have to use Section 15-2411, Calculation of Required Spaces, as well when calculating the required number of
parking.
Required Parking Proposed Parking Does proposed parking
meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
1 per 6 permanent seats in
assembly areas or 1 for every
60 square feet of assembly
area where temporary or
moveable seats are provided,
whichever is greater, plus 1
per 250 sf of office area.
73 plus 28 stacked parking
spaces
☒Yes ☐ No
☐Not applicable
E. Parking Reductions
Reduction Requirements
The number of on-site parking spaces required by Sections C and D may be reduced as follows:
A. Affordable Housing Developments. See 15-2205, Affordable Housing Concessions and Incentives.
B. Transit Accessibility. For any land use except residential single-unit, duplex, and triplex development, if any portion of the lot is
located within ¼ mile 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. to 7
p.m., the number of required parking spaces may be reduced by 30% of the normally required number of spaces.
C. Shared Parking. Where a shared parking facility serving more than on use will be provided, the total number of required parking
spaces may be reduced up to 50% at the discretion of the Review Authority, if all of the following findings are made:
1. The peak hours of uses will not overlap or coincide to the degree that peak demand for parking spaces from all uses will b e
greater than the total supply of spaces;
2. The adequacy of proposed shared parking provided will equal or exceed the level that can be expected if parking for each use
were provided separately;
3. A parking demand study prepared by an independent traffic engineering professional approved by the City supposed the
proposed reduction; and,
4. When a shared parking facility serves more than one property, a parking agreement shall be prepared consistent with the
provisions of Section 15-2414-D, Off-Site Parking Facilities for Non-Residential Uses.
D. Other Parking Reductions. Required parking for any use may be reduced up to 20% through Planning Commission approval of
a Conditional Use Permit, however, the 20% reduction may not be made in addition to any reductions for A) Shared Parking, or B)
Transit Accessibility.
1. Criteria for Approval. The Planning Commission may only approve a CUP for reduced parking if it finds that:
a. The site is fully developed and it would be infeasible or impractical to provide additional parking;
b. Special conditions – including, but not limited to, the nature of the proposed operation; proximity to frequent transit
service; transportation of characteristics of persons residing, working, or visiting the site;
c. The use will adequately be served by the proposed on-site parking; and
d. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on -
street parking in the surrounding area.
2. Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, a parking demand
study shall be prepared by an independent traffic engineering professional approved by the City that substantiates the basis
for granting a reduced number of spaces and includes any of the following information:
a. Total square footage of all uses within existing and proposed development and the square footage devoted to each type
of use.
b. A survey of existing accessibility via a defined pedestrian path (i.e. sidewalk) to on -street parking within 350 ft. of the
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
project site.
c. Parking requirements for the net change in square footage and/or change in use, based on the requirements of Sections
15-2408 and 15-2409.
d. Estimated net change in parking demand between existing and proposed development, using any available existing
parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking
demand studies are not available, the City may require the applicant to conduct a parking demand survey of a
development similar to the proposed project.
e. Comparison of proposed parking supply with parking requirements and net change in parking demand .
f. A shared parking analysis, as appropriate.
g. A description of possible Transportation Demand Management measures, such as preferential carpool spaces;
telecommuting or staggered work shifts; provision of transit passes or other transit incentives for residents, employees,
and/or students; incorporation of spaces for car share vehicles, bicycles or other measure that could res ult in reduced
parking demand.
h. Other information as required by the City.
Do any of the reductions apply to the project? ☐Yes ☐ No ☒Not applicable
If no, then skip to Section F.
Proposed Parking, with
Reductions Does proposed parking meet
requirement?
If the project does not meet the requirement,
what needs to be changed?
No reduction proposed. ☐Yes ☐ No
☒Not applicable
No reduction proposed.
F. Location of Parking
Requirements: Does project
meet
requirement?
If project does not meet
requirement, what needs to be
changed?
1. Location on Same Parcel. Required parking shall be located on the same
parcel as the uses served, unless otherwise provided by this article.
☒Yes ☐ No
☐Not applicable
2. Front and Street-Side Setbacks. No parking spaces shall be located
within the front or street side setback areas.
☒Yes ☐ No
☐Not applicable
Off-site Parking Facilities for Non-Residential Uses. Parking facilities of uses other than residential use (not including mixed -use
projects), may be provided off-site with approval of a CUP if the following is provided:
1. The off-street parking is proposed in a district that permits that proposed
use that the parking is serving. A parcel may not house parking for a use
that is not permitted on the site;
☐Yes ☐ No
☒Not applicable
2. The parking site is located within 400 ft. of the use; ☐Yes ☐ No
☒Not applicable
3. The site is along an improved pedestrian route that connects to the
principal entrance containing the use(s) for which the parking is required;
☐Yes ☐ No
☒Not applicable
4. On the same side of the street, across an alley, or across a local street;
and
☐Yes ☐ No
☒Not applicable
5. There is a written agreement between the landowner(s) and the City in
the form of a covenant guaranteeing among the landowner(s) for access to
and use of the parking facility that the spaces will be maintained and
reserved for the uses served for as long as such uses are in operation.
☐Yes ☐ No
☒Not applicable
G. Requirements for Parking Lot Trees
Requirements: Does project
meet
requirement?
If project does not meet
requirement, what needs to be
changed?
1. Shading Required. Provide one tree for each two parking spaces, unless
it can be demonstrated to the satisfaction of the Review Authority that less
trees can be provided and 50 percent parking lot shading would still be met.
☒Yes ☐ No
☐Not applicable
2. Shade may be provided by canopies, shade structures, trees, or other
equivalent mechanism. If shade is provided by trees, the amount of
required shading is to be reached within 15 years.
☒Yes ☐ No
☐Not applicable
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
3. Distribution. Trees shall be distributed relatively evenly throughout the
parking area.
☒Yes ☐ No
☐Not applicable
4. Species. Required trees for parking lots shall be selected from a list
maintained by the City.
☒Yes ☐ No
☐Not applicable
5. Size. All trees shall be a minimum 15-gallon size with a one-inch
diameter as measured 48 in. above natural grade.
☒Yes ☐ No
☐Not applicable
Required Number of Trees Proposed Number of Trees
Does proposed
number of trees
meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
34 41
☒Yes ☐ No
☐Not applicable
H. Shopping Cart Collection Areas
When there are businesses that utilize shopping carts, including grocery and home improvement stores, shopping cart storage
areas shall be provided throughout the parking lots. Stores that do not allow shopping carts to be taken out of the store are
excepted. Shopping cart collection areas shall comply with the following:
Requirements: Does project
meet
requirement?
If project does not meet
requirement, what needs to be
changed?
1. Collection areas shall consist of a corral surrounded by a 6 inch concrete
curb to prevent carts from straying into pedestrian and automobile paths;
☐Yes ☐ No
☒Not applicable
2. Highly visible signage shall be provided to mark a collection area’s
location; and
☐Yes ☐ No
☒Not applicable
3. Collection areas shall be distributed throughout the parking lot. ☐Yes ☐ No
☒Not applicable
4. Additional outdoor collection areas shall be provided proximate to the
store and shall be screen with a 4 ft. wall.
☐Yes ☐ No
☒Not applicable
I. Required Parking for Bicycles
Requirements
Refer to section 15-2429-D, Required On-Site Bicycle Parking Spaces, to determine the required amount of bicycle parking stalls.
Required Bicycle Parking Proposed Bicycle Parking Does proposed parking
meet requirement?
If the project does not meet
the requirement, what needs
to be changed?
None N/A
☐Yes ☐ No
☒Not applicable
N/A
J. Required Loading Spaces
Requirements
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
Loading spaces are required when a building is to be occupied by a manufacturing establishment, storage facility, warehouse
facility, retail store, eating and drinking, wholesale store, market, hotel, hospital, mortuary, laundry, dry -cleaning establishment, or
other use similarly requiring the receipt of distribution by vehicles or trucks of material or merchandise per Table 15 -2430-A when
any of the following are met:
1. Every new building
2. When a building is enlarged by 20% or more or 2,500 sq. ft., whichever is less. The standard shall be cumulative from th e
date of adoption of this code
3. There is a Change of Occupancy as defined by the Building Code
Required Number of
Loading Spaces
Proposed Number of Loading
Spaces
Does proposed number of
loading spaces meet
requirement?
If the project does not meet
the requirement, what needs
to be changed?
1 1
☒Yes ☐ No
☐Not applicable
N/A
K. Loading Bays
Is the project a commercial/office district (or any non -residential district)
that abuts a residential district?
☒Yes ☐ No
If no, skip to next section, Parking Area
Development Standards.
Requirements: Does project
meet
requirement?
If project does not meet
requirement, what needs to be
changed?
1. Loading bays and roll-up doors shall be painted to blend with the exterior
structure walls and generally located on the rear of the structure.
☒Yes ☐ No
☐Not applicable
Areas for loading and unloading shall be designed to avoid potential adverse noise, visual, air quality, and illumination imp acts on
neighboring residences. These areas shall be concealed from view of the public and adjoining land uses. Concealment and
screening may be accomplished by use of any of the following, subject to the review and approval:
2a. Design structures to enclose the loading and unloading service areas
thereby providing for their concealment; or
☒Yes ☐ No
☐Not applicable
2b. A perimeter 8 ft. high solid grout walls for depressed loading areas, 12
ft. for at-grading loading areas, to be architecturally coordinated with the
main structures and on-site landscaping. Additional heights may be
required to mitigate noise.
☐Yes ☐ No
☒Not applicable
3. Loading bays shall have signage requiring drivers to limit idling to 5
minutes or less.
☐Yes ☒ No
☐Not applicable
Add note to site plan for service
drive/receiving area
4. When it is not possible or desirable to locate the loading/unloading
facilities at the rear of the structures, the loading docks and loading doors
shall be located on the side of the structures and shall be screened from
the public street rights-of-way by a suitable combination of walls and
landscaped berms.
☒Yes ☐ No
☐Not applicable
L. Parking Garages
Requirements: Does project
meet
requirement?
If project does not meet
requirement, what needs to be
changed?
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
1. Step-Back Provisions. A parking garages that does not incorporate
ground-floor non-residential or residential use or is not otherwise screened
or concealed at street frontages on the ground level, must provide a
landscaped area at least 15 ft. wide between the parking garage and public
street and shall set back an additional 2 ft. for every story above 2. If there
is another building between the parking garage and the public street, this
subsection shall not apply.
☐Yes ☐ No
☒Not applicable
2. Rooftop Planting. Uncovered parking on the top level of a parking
structure shall have rooftop planters with a minimum dimension of 24
inches around the perimeter of the top floor which is visible from a public
street. Shrubs shall be visible.
☐Yes ☐ No
☒Not applicable
PARKING AREA DEVELOPMENT STANDARDS
A. Electric Vehicle (EV) Parking
Office and Commercial Districts
Requirements:
Does project
meet
requirement?
If project does not meet requirement,
what needs to be changed?
1. For parking lots with less than 250 spaces. Refer to the
California Building Code.
☐Yes ☒ No
☐Not applicable
Comply with requirement.
2. For parking lots with 250 spaces or more. Per the California
Building Code or the following, whichever shall provide the
greater amount of EV spaces:
i. There shall be one vehicle charging station for every
250 spaces.
ii. At least one space shall be 15 ft. in width.
iii. Signage shall clearly state that spaces are to be used
for actively charging vehicles only.
☐Yes ☐ No
☒Not applicable
B. Motorcycle Parking
1. Motorcycle parking may substitute for up to 5% of required
automobile parking.
☐Yes ☐ No
☒Not applicable
2. Each motorcycle space must be at least 4 ft. wide and 7 ft.
deep.
☐Yes ☐ No
☒Not applicable
C. Tandem Parking
1. Does tandem parking satisfy the off-street parking
requirement?
☐Yes ☐ No
☒Not applicable
2. No more than 2 vehicles shall be placed one behind the other; ☐Yes ☐ No
☒Not applicable
3. Both spaces shall be assigned as employee only parking for a
non-residential establishment. Tandem parking under this
scenario shall be for the same establishment;
☐Yes ☐ No
☒Not applicable
4. Tandem parking shall not be used to satisfy the parking
requirement for guest parking; and,
☐Yes ☐ No
☒Not applicable
5. Tandem parking to meet required parking for non-residential
uses may be used for employee parking and the number of
tandem parking spaces shall not exceed 25% of the total number
of spaces.
☐Yes ☐ No
☒Not applicable
D. Stacked Parking
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
1. Stacked or valet parking is allowed for non-residential uses if
an attendant is present to move the vehicles. Does the project
proposed meet the given requirement?
☐Yes ☒ No
☐Not applicable
Revise operational statement to indicate
compliance with this requirement,
including number of attendants, and
days/hours of operation.
2. If stacked parking managed by an attendant is used for
required parking spaces, the property owner shall enter into an
agreement in the form of a covenant with the City ensuring that
an attendant will always be present when the lot is in operation.
Does the applicant have a covenant with the city, if applicable?
☐Yes ☒ No
☐Not applicable
Covenant with the city shall be required
prior to operation.
3. Stacked parking shall not account for more than 50% of the
required parking.
☒Yes ☐ No
☐Not applicable
PARKING ACCESS
Section Requirement Does project fulfill this
requirement?
Shared Vehicle and
Pedestrian Access
Whenever possible, new Commercial development shall provide shared
vehicle and pedestrian access to adjacent non-residential properties for
convenience, safety, and efficient circulation. A joint access agreement in
the form of a covenant shall be recorded ensuring that access will be
maintained. The following exceptions shall apply:
1. If either site is developed and there is no feasible location to gain
access, the Director may waive this condition; however, the
removal of excess parking may not be considered a barrier to
gaining access.
2. Shared access shall not be required for development in areas with
a highly interconnected street grid, short blocks (less than 500 ft.
on average), and a complete sidewalk network.
☐Yes ☒ No
☐Not applicable
Forward Entry Parking lots shall be provided with suitable maneuvering room so that all
vehicles therein may enter an abutting street in a forward direction.
☒Yes ☐ No
☐Not applicable
Distance from
Driveways on Local
Streets
Parking spaces shall not be located within 20 ft. of an access driveway,
measured from the property line.
☒Yes ☐ No
☐Not applicable
Distance from
Driveways on Major
Streets
Parking spaces and drive aisles shall be configured in such a way as to
promote smooth flow of traffic onto the site of adjacent streets. The length
of driveways or “throat length” shall be designed to prevent vehicles from
backing into the flow of traffic on the public street or causing unsafe
conflicts with on-site circulation. Entrance designs shall be subject to
approval by the City Engineer.
☐Yes ☐ No
☐Not applicable
Commercial
Developments that
Exceed 10 Acres
Drive entrances to centers that are 10 acres or larger shall generally
provide a driveway length of 100 ft. prior to the first parking stall.
☐Yes ☐ No
☒Not applicable
Alleys For Non-Residential access, parking spaces shall provide a backup area of
27 ft.
☐Yes ☐ No
☒Not applicable
Size of Parking
Spaces and
Maneuvering Aisles
Parking spaces and maneuvering aisles shall meet the minimum
dimensions as may be established by the Public Works Director.
☐Yes ☐ No
☐Not applicable
Parking Spaces
Abutting a Wall or
Fence
Each parking space adjoining a wall, fence, column, or other obstruction
higher than 0.5 ft. shall be increased by two ft. on each obstructed side,
provided that the increase may be reduced by 0.25 ft. for each one foot of
unobstructed distance from the edge of required aisle, measured parallel to
the depth of the parking space.
☐Yes ☐ No
☒Not applicable
Proposed changes for sections where requirements were not met:
Initial Planning Comments for C-17-101/R-17-013/A-17-009 September 11, 2017
SUMMARY AND OTHER COMMENTS
ATTACHMENTS:
FIRE DEPARTMENT
DATE: September 10, 2017
TO: RICK CAPERTON, Planner III
Development and Resource Management Department
FROM: BYRON BEAGLES, Fire Prevention Engineer
Prevention and Technical Services Division
SUBJECT: Rezone Application No. R-17-013 and Plan Amendment Application A-17-
009, C-17-010, 816 E. Nees
Proposed project is for a 9175 square foot funeral home, A -3 Occupancy designation by
the California Building Code.
The following are FFD site and fire hydrant requirements for this project:
A private fire hydrant is required for this project, see site plan for the location. The fire
service line to this hydrant may also supply the fire sprinkler system. At DRC, it was
indicated that a 6” service would be acceptable; however, I am now aware that the public
water main is currently dead end 8 inch. Unless looping this public main is part of this
project, the private water line shall also be 8”. There must be a gate valve in the hydrant
lateral; from that lateral, the private fire line to the riser may be reduced to 6” (or four inch
as determined by the fire sprinkler design engineer).
Add a note that the private fire hydrant required above must be in service prior to the
delivery of combustible material on site.
Show the location of the fire sprinkler riser and FDC on the site plan sheet 2 of 2. On the
architectural, sheet A1.0, it there is a symbol for the riser in the mechanical room and
what appears to be an FDC symbol on the wall of that room but they are not keynoted.
Some additional curb areas need to be designated as fire lanes; see Sheet 2 of 2.
Page 1 of 1
T:\Traffic Planning\_CONDITIONS OF APPROVAL\AMENDMENTS\2017\A-17-009 and R-17-013\A-17-009 and R-17-
013.docx
PUBLIC WORKS DEPARTMENT:
DATE: August 23, 2017
TO: Ricky Caperton
Development and Resource Management Department, Planning Division
THROUGH: Louise Gilio, Traffic Planning Supervisor
Public Works Department, Traffic and Engineering Division
FROM: Jairo Mata, Engineer II
Public Works Department, Traffic and Engineering Division
PLAN AMENDMENT APPLICATION NO. A-17-009
REZONE APPLICATION NO. R-17-013
OWNER (S): Russ Nakata
APN (S): 402-220-66
LOCATION: 836 East Nees Avenue
Trip Generation
Acres From ADT’S AM PM To ADT’S AM PM
2.5 Commercial-
Recreation 1,395 31 121 Commercial-
Community 1,395 31 121
Highway Capacity
Existing ADT’S Actual ADT’s Projected ADT’S
Nees Avenue Arterial 4-lane divided 32,000 Current Counts Unavailable 4 - lane divided 32,000
Traffic Impact Study (TIS) required: Yes
The Developer/Owner should consult with the City of Fresno Traffic Engineering Section for the scope of
the Traffic Impact Study (TIS). A trip distribution for the proposed project should be provided prior to
consulting with the Traffic Engineering Section. The TIS shall identify the mitigation measures, which
would mitigate the project and/or other related projects’ significant impacts to a level of insignificance.
Multiple-family residential, commercial, institutional, industrial and office projects shall be designed such
that related traffic will not route through local residential streets.
Page 1 of 6
8/23/2017
C-17-101 NEES AVE 836 E.doc
SUBJECT: Conditions of Approval for C-17-101
DATE: August 23, 2017
TO: Ricky Caperton
Development and Resource Management Department
FROM: Jairo Mata, Engineer II
Public Works Department, Traffic and Engineering Services Division
APN: 402-220-66 ADDRESS: 836 East Nees Avenue
ATTENTION:
The items below require a separate process with additional fees and timelines, in addition to the
development permit process. Submit the following items early to avoid delaying approval of
building permits. Final approval of the site plan is contingent on receipt of all items checked below.
X
Traffic Impact Study (TIS) A TIS is
required to determine traffic impacts, if any.
It shall be submitted prior to site plan review
and approved prior to building permits.
Required for Rezone.
Jill
Gormley
Public Works Department
(559) 621-8792
Jill.Gormley@fresno.gov
X
Deeds (up to 2 month processing time)
Deeds are required to provide easements
to the City for required public
improvements. They shall be prepared by
the owner / developer’s engineer. Executed
copies shall be submitted to the City with
verification of ownership prior to the
issuance of building permits.
Jeff Beck
Public Works Department
(559) 621-8560
Jeff.Beck@fresno.gov
X
A Cross Access Agreement and a Parcel
Map or Lot Line Adjustment is required to
establish this configuration prior to building
permits or full off-site improvements will
be required for the entire lot of record at
the time of building permits.
Ricky
Caperton
Planning and Resource
Management Department
(559) 621-8058
Ricky.Caperton@fresno.gov
x
Identify the proposed 40’ easement.
Coordinate FID’s comments with Traffic
Planning. This may result in a redesign.
Resubmit to Traffic Planning for
additional review.
FID/Traffic
Planning
Public Works Department
(559) 621-8714
Jairo.Mata@fresno.gov
Page 2 of 6
8/23/2017
C-17-101 NEES AVE 836 E.doc
ATTENTION:
Prior to resubmitting the corrected exhibit, provide the following information on the site plan:
A. GENERAL REQUIREMENTS
1. Provide a legal description and identify the entire parcel at the time of permits.
2. Accurately show and dimension property lines.
B. OFFSITE INFORMATION:
1. Identify existing and proposed street lights (specify if wood or metal pole), signs, tree wells, etc.
C. ONSITE INFORMATION:
1. Identify building as proposed.
2. Identify a 12’ visibility triangle at all driveways and points of ingress/egress into public right of way
per Fresno Municipal Code (FMC) 15-2018B.
3. Show the existing/proposed edge of pavement, provide an asphalt concrete dike or redwood header
at edge of paving to separate dirt and paving.
4. Parking Lot:
a. Stalls: Identify the 3’ vehicular overhang adjacent to continuous curbing.
b. Identify lighting.
c. Provide planter dimensions and radii at end of aisles to meet visibility requirements.
D. OTHER IMPORTANT INFORMATION: Identify proposed Lot Line Adjustment: Provide reference
numbers
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.
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 15-4114.
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.
East Nees Avenue: Arterial
1. Construction Requirements:
a. Construct a 30’ driveway approach to Public Works Standards P-2 and P-6.
b. Provide a 12’ visibility triangle at all driveways, per Fresno Municipal Code (FMC) 15-
2018B.
c. Construct a 10’ concrete sidewalk to Public Works Standard P-5. Construct 4’ x 6’ tree
wells per Public Works Standard P-8. Planting of street trees shall conform to the
minimum spacing guidelines as stated in the Standard Specification, Section 26-
2.11(C).
Page 3 of 6
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C-17-101 NEES AVE 836 E.doc
d. Construct an underground street lighting system to Public Works Standard E-1 within
the limits of this application. Spacing and design shall conform to Public Works
Standard E-7 for Arterials.
e. If not existing to current Public Works Standards, modify or replace the existing ramp
to meet current Public Works Standards, as determined by the Construction
Management engineer PRIOR to occupancy. “Detectable Warning Devices” are
required, if not existing. Reference Public Works Standards P-24 thru P-27, P-28, P-
30 thru P-32.
**If a Parcel Map or Lot Line Adjustment is not approved at time of building permits
for the proposed property line the following will be required for First Street and
Niles Avenue.
**First Street: Scenic Arterial
1. Construction Requirements:
a. Construct a 10’ concrete sidewalk to Public Works Standard P-5. Construct 4’ x 6’ tree
wells per Public Works Standard P-8. Planting of street trees shall conform to the
minimum spacing guidelines as stated in the Standard Specification, Section 26-
2.11(C).
b. Construct an underground street lighting system to Public Works Standard E-1 within
the limits of this application. Spacing and design shall conform to Public Works
Standard E-7 for Arterials.
c. Construct a standard curb ramp to Public Works Standard P-28, based on a 25’
radius.
**East Niles Avenue: Local
1. Dedication Requirements
a. Dedicate 25’- 47’ of property, from center line, for public street purposes, within the
limits of this application, per Public Works Standard P-56 and Exhibit “B”.
2. Construction Requirements:
a. Construct 18’- 40’ of permanent paving per Public Works Standard P-50, within the
limits of this application and transition paving as necessary.
b. Construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The curb
shall be constructed to a 7’ residential pattern.
c. Construct an underground street lighting system to Public Works Standard E-2 within
the limits of this application. Spacing and design shall conform to Public Works
Standard E-9 for Locals.
d. Construct a street knuckle to Public Works Standards as shown on Exhibit “C1” and
“C2”.
Street Construction Plans are required and shall be approved by the City Engineer. 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 (Randy Schrey) at (559) 621-8807, 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
Page 4 of 6
8/23/2017
C-17-101 NEES AVE 836 E.doc
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
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. Install 30" state standard "STOP" signs at locations shown. (Arterials) A "right turn only"
sign is also required, at the same location; install a 30" x 36" state standard sign
immediately below the stop sign on the same post. Signs shall be mounted on a 2"
galvanized post with the bottom of the lowest sign 7’ above ground, located behind curb
and immediately behind a major street sidewalk.
3. 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 3’ overhang. Provide the number that are required,
provided, compact, and designated for accessible parking stalls.
Irrigation / Canal Requirements: The developer shall enter into an agreement with the Fresno
Irrigation District providing for piping the canals and submit an executed copy of the agreement or
commitment letter from FID to the Planning and Development Department. All piping shall be
located outside of the proposed street right of way. Any piping across city streets shall be rubber
gasketed reinforced concrete pipe (RGRCP) constructed perpendicular to the street. Submit
engineered plans to Public Works Department, Engineering Division for review and approval.
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 trip generation rates as set forth in the latest edition of the ITE
Generation Manual.
Trip Generation: This development will generate the following Average Daily Trips (A.D.T.), as
shown below:
Description/ ITE code Size ADT AM Peak Hour PM Peak Hour
TBD
Fresno Major Street Impact (FMSI) Fees: This entitlement is in the New Growth Area; therefore
pay all applicable growth area fees and 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.
Page 5 of 6
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Questions relative to these conditions may be directed to Jairo Mata at 559 621-8714
Jairo.Mata@fresno.gov , in the Public Works Department, Traffic and Engineering Services
Division.
Page 6 of 6
8/23/2017
C-17-101 NEES AVE 836 E.doc
County of Fresno
DEPARTMENT OF PUBLIC HEALTH
David Pomaville, Director
Dr. Ken Bird, Health Officer
Promotion, preservation and protection of the community’s health
1221 Fulton Mall /P. O. Box 11867, Fresno, CA 93775
(559) 600-3271 ・ FAX (559) 600-7629
The County of Fresno is an Equal Opportunity Employer
www.co.fresno.ca.us ・ www.fcdph.org
August 8, 2017
LU0019096
Ricky Caperton 2602
Development & Resource Management
2600 Fresno Street, Third Floor
Fresno, CA 93721-3604
Dear Mr. Caperton:
PROJECT NUMBER: A-17-009, R-17-013, C-17-101
Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and Conditional
Use Permit Application No. C-17-101 were filed by Gary Giannetta of Gary Giannetta Consulting Civil
Engineer and pertain to ±2.5 acres of property located on the northeast corner of East Nees Avenue and
North Bond Avenue. Plan Amendment Application No. A-17-009 proposes to amend the Fresno
General Plan and the Woodward Park Plan from Commercial - Recreation to Commercial - Community.
Rezone Application No. R-17-013 proposes to amend the Official Zone Map to reclassify a portion of
the property from CRC (Commercial - Recreation) to CC (Commercial - Community). Conditional Use
Permit Application No. C-17-101 proposes construction of a 9,175 square foot funeral home to include
a chapel with 190 seat capacity.
APN: 402-220-66 ZONING: From CRC to CC ADDRESS: 836 E Nees Avenue
Recommended Conditions of Approval:
The proposed construction and project has the potential to expose nearby residents to elevated noise
levels. Consideration should be given to your City’s municipal code.
If the tenant proposes to use and/or store hazardous materials and/or hazardous wastes, they shall
meet the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter
6.95, and the California Code of Regulations (CCR), Title 22, Division 4.5. Any business that handles
a hazardous material or hazardous waste may be required to submit a Hazardous Materials Business
Plan pursuant to the California Health and Safety Code (HSC), Division 20, Chapter 6.95, Section
25507 (http://cers.calepa.ca.gov/ or https://www.fresnocupa.com/). Contact the Certified Unified
Program Agency at (559) 600-3271 for more information.
The tenant may be required to obtain a Medical Waste Permit from the California Department of
Health Services, Medical Waste Management Program. Call (916) 449-5671 for more information.
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.
Ricky Caperton
August 8, 2017
A-17-009, R-17-013, C-17-101
Page 2 of 2
Prior to destruction of agricultural wells, a sample of the upper most fluid in the water well
column should be sampled for lubricating oil. The presence of oil staining around the
water well may indicate the use of lubricating oil to maintain the well pump. Should
lubricating oil be found in the well, the oil should be removed from the well prior to
placement of fill material for destruction. The "oily water" removed from the well must be
handled in accordance with federal, state and local government requirements.
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.
REVIEWED BY:
Kevin Tsuda, R.E.H.S.
Environmental Health Specialist II (559) 600-3271
cc: Caroline San Miguel- Environmental Health Division (CT 44.05)
Gary Giannetta- Applicant (garygce@sbcglobal.net)
Dann Narveson- Business Owner (dann.narveson@sci-us.com)
Russ Nakata- Property Owner (sequoiafjv@aol.com)
DEPARTMENT OF PUBLIC UTILITIES – UTILITIES PLANNING & ENGINEERING
MEMORANDUM
DATE: August 21, 2017
TO: RICKY CAPERTON, Planner III
Department of Development and Resource Management
THROUGH: THOMAS C. ESQUEDA, Director
Department of Public Utilities
FROM: ROBERT A. DIAZ, Senior Engineering Technician
Department of Public Utilities – Utilities Planning & Engineering
SUBJECT: Water Requirements for Conditional Use Permit C-17-101, Plan
Amendment Application A-17-009 and Rezone Application R-17-013
General
Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and
Conditional Use Permit Application NO. C-17-101 were filed by Gary Giannetta of Gary
Giannetta Consulting Civil Engineer and pertain to +/-2.5 acres of property located on
northwest corner of East Nees Avenue and North Bond Avenue; 836 E. Nees Avenue, APN:
402-220-66. Plan Amendment Application No. A-17-009 proposes to amend the Fresno
General Plan and the Woodward Park Plan from Commercial-Recreation to Commercial-
Community. Rezone Application No. R-17-013 proposes to amend the Official Zone Map to
reclassify a portion of the property from CRC (Commercial-Recreation) to CC (Commercial-
Community.) Conditional Use Permit Application No. C-17-101 proposes construction of a
9,175 square foot funeral home to include a chapel with 190 seat capacity.
Water Requirements
The nearest water mains to serve the proposed project are an 8-inch main located within a
20-foot water main easement on APN 402-220-67 and a 14-inch main located in East Nees
Avenue. Water facilities are available to provide service to the site subject to the following
requirements:
1. On-site water facilities shall be private.
2. Water Service(s) Meter box(es) shall be required.
The water supply requirements for this project are as follows:
A Nationally Accredited Public Utility Agency
MEMORANDUM
BRUCE BARNES, Project Manager
Department of Development and Resource Management
August 21, 2017
Water Requirements for Conditional Use Permit C-17-100
Page 2 of 2
1. The project applicant shall be required to pay Water Capacity Fee charges for the
installation of new water meters to serve the property.
a. The Water Capacity Fee charge assessed to the applicant shall be based on
the number and size of service connections and water meters required to serve
the property.
b. The Water Capacity Fee charges by meter size are defined in the City’s Master
Fee Schedule.
c. The City reserves the right to require an applicant to increase or decrease the
size of a water meter for a project or a property to ensure that the meter is
properly sized to accommodate fire protection requirements, and to allow for
accurate volumetric flow measurements at low- and high-flow conditions.
d. The Water Capacity Fee Charge for any new or expanded service connection
shall be payable prior to the issuance of a building permit at the fee level in
effect on the date such permit is issued.
1
Ricky Caperton
From:Tom Adams
Sent:Friday, August 25, 2017 9:37 AM
To:Ricky Caperton
Subject:RE: Request for Comment - A-17-009 R-17-013 C-17-101
I had said no comment, but it turns out I do have one comment to make. If they are planning on performing resomation
at this location (aka alkaline hydrolysis or biocremation – You don’t want to know what that is, just ask if they plan on
doing it.), then we would like to know about it; we might need to inspect the facility. Otherwise, we have no comment.
Tom
From: Ricky Caperton
Sent: Friday, August 25, 2017 9:16 AM
To: Louise Gilio; Jairo Mata; Melessa Avakian; Michael Carbajal; Robert Diaz; Laurie Sawhill; Kevin Gray; Leslie Forshey;
Randi Eisner; Darla Scott; Ann Lillie; Tom Adams; Jarred Garza; Michael Landon; Danny Kim; Jeff Long;
skahl@co.fresno.ca.us; Fresno County Environmental Health 2; Fresno County Environmental Health 3; Fresno County
Environmental Health 4; Fresno Irrigation District; developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org;
Sophia Pagoulatos; Drew Wilson; Daniel Zack; Michelle Zumwalt; Lachea Deamicis; Amber Piona; Michael Andrade;
ajs4@pge.com; d3p5@pge.com; kevinpeterson@cusd.com; andrewnabors@cusd.com; Garry Bredefeld;
andrew.z.mata@usps.gov
Cc: Bonique Emerson; Marissa Butler
Subject: RE: Request for Comment - A-17-009 R-17-013 C-17-101
Hi All,
For those of you have not yet provided comments, please let me know by the end of today 8/25 if you plan to and by
when? The deadline for comments was Monday 8/21 and I’ve only heard from a handful. If I don’t hear from you by the
end of today, I will assume you have no comments at this time.
Thank you to those who have already provided comments.
Thank you,
Ricky
From: Marissa Butler
Sent: Monday, August 07, 2017 2:04 PM
To: Ricky Caperton; Louise Gilio; Jairo Mata; Melessa Avakian; Michael Carbajal; Robert Diaz; Laurie Sawhill; Kevin Gray;
Leslie Forshey; Randi Eisner; Darla Scott; Ann Lillie; Tom Adams; Jarred Garza; Michael Landon; Danny Kim; Jeff Long;
skahl@co.fresno.ca.us; Fresno County Environmental Health 2; Fresno County Environmental Health 3; Fresno County
Environmental Health 4; Fresno Irrigation District; developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org;
Sophia Pagoulatos; Drew Wilson; Daniel Zack; Michelle Zumwalt; Lachea Deamicis; Amber Piona; Michael Andrade;
ajs4@pge.com; d3p5@pge.com; kevinpeterson@cusd.com; andrewnabors@cusd.com; Garry Bredefeld;
andrew.z.mata@usps.gov
Subject: Request for Comment - A-17-009 R-17-013 C-17-101
Commenting Partners:
You have been identified as the best contact to provide your department/agency's review and comments for the subject
project. Please click the following link and download an electronic copy of the project package for review.
Project Address: 836 E Nees Avenue
2
APN: 402-220-66
http://m3.fresno.gov/upload/files/27184784/A17009R17013C17101ElectronicRouting.pdf (click on bookmarks to
navigate)
We look forward to receiving your responses electronically and any comments you may have by the August 21, 2017
comment deadline. If you do not have any comments, please communicate a “No Comment” response. Please email your
comments directly to the Development Services Division attention Ricky.Caperton@fresno.gov and
Marissa.Butler@fresno.gov
Thank you,
Marissa Butler
Temporary Senior Administrative Clerk
City of Fresno, DARM- Development Services Division
(559) 621-8277
Proposed Development:
A.P.N.
Planned Land Use:
Current Zoning:
Site Area:
Building Area:
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]
Landscape Water Service & Meter Charge 1.5" 1 EA. $2,508.00 $2,508.00 [1] [6]
Frontage Charge 395 L.F. $6.50 $2,567.50 [6]
Water Capacity Fee 2" 1 EA. $10,615.00 $10,615.00 [1] [6]
Water Capacity Fee 1.5" 1 EA. $5,308.00 $5,308.00 [1] [6]
Total Water Connection Charges $23,669.50 [1]
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 17,700 Sq.Ft. $0.10 $1,770.00 [6]
Oversized Sewer Charge UGM 36,500 Sq.Ft. $0.05 $1,825.00 [6]
Wastewater Facilities Charge STEP [3] [3] [4] [7]
Trunk Sewer Charge Herndon STEP [3] [3] [5] [7]
Total Sewer Connection Charges $3,595.00 [3]
CITYWIDE/REGIONAL IMPACT FEES
Service Area Quantity Units Fee Rate Amount Due Notes
Citywide Fire Facilities Impact Fee Commercial 9,175 Sq.Ft. $265.00 $2,431.38 [7]
Citywide Park Facility Impact Fee SFR n/a Units $3,816.00 n/a [10]
Citywide Police Facilities Impact Fee Commercial 9,175 Sq.Ft. $624.00 $5,725.20 [7]
Citywide Regional Street Charge Comm./Retail 2.50 AC $13,469.00 $33,672.50 [6]
New Growth Area Major Street Charge Comm./Retail 2.50 AC $37,850.00 A.D. 138
Citywide Traffic Signal Charge Funeral Home 532 ADT's [8] $49.87 $26,530.84 [6]
Total Citywide/Regional Impact Fees $68,359.92
Total Fees and Charges $95,624.42
9,175 sq. ft.
C-17-101
June 8th, 2018
402-220-66
+/- 2.5 acres
CRC/UGM
Funeral Home - 836 E. Nees Avenue
CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE
The following estimates are based on preliminary conceptual information. The exact fee obligation will be computed at the time
of development by the Public Works Department, Land Division & Engineering. The fee rates in effect at the time of
development shall apply.
Community Commercial
See notes on page 2 Prepared by Frank 6/8/2018
Printed 6/8/2018 Page 1
Notes:
[6] Due at Building Permit
[7] Due with Certificate of Occupancy
Average Daily Trip credit for replacement of previously existing development.ADT's [8]0
[10] Parks fee applicable only to residential developments
Prepared and Reviewed By: Frank Saburit Date: June 8, 2018 621-8797
● 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) 262-4391.
●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 building permits.
●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
[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 due at time of development. Charges based on service sizes to be
determined by the Developer.
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.
[8] Traffic Signal Charge Average Daily Trips (ADT's) provided by Traffic Engineering.
[11] 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)
[12] 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.
[9] Construction Fee Credits may be applicable. Contact the Public Works Engineering Services Division at (559) 621-8685 for
more information.
See notes on page 2 Prepared by Frank 6/8/2018
Printed 6/8/2018 Page 2
1
Ricky Caperton
From:Amber Piona
Sent:Wednesday, August 16, 2017 8:36 AM
To:Ricky Caperton
Cc:Marissa Butler; Sophia Pagoulatos
Subject:Development Application Comments A-17-009, R-17-013, C-17-101
Ricky,
Long Range Planning has reviewed A‐17‐009, R‐17‐013, C‐17‐101 and we have no comments.
Amber Piona
Planner II
City of Fresno
Development and Resource Management Department
(559) 621‐8067
1
Ricky Caperton
From:Andrew Nabors <AndrewNabors@clovisusd.k12.ca.us>
Sent:Friday, August 25, 2017 9:38 AM
To:Ricky Caperton
Cc:Marissa Butler
Subject:RE: Request for Comment - A-17-009 R-17-013 C-17-101
Clovis Unified has no comment.
Andrew Nabors
(559) 327‐9264
From: Ricky Caperton [mailto:Ricky.Caperton@fresno.gov]
Sent: Friday, August 25, 2017 9:16 AM
To: Louise Gilio <Louise.Gilio@fresno.gov>; Jairo Mata <Jairo.Mata@fresno.gov>; Melessa Avakian
<Melessa.Avakian@fresno.gov>; Michael Carbajal <Michael.Carbajal@fresno.gov>; Robert Diaz
<Robert.Diaz@fresno.gov>; Laurie Sawhill <Laurie.Sawhill@fresno.gov>; Kevin Gray <Kevin.Gray@fresno.gov>; Leslie
Forshey <Leslie.Forshey@fresno.gov>; Randi Eisner <Randi.Eisner@fresno.gov>; Darla Scott <Darla.Scott@fresno.gov>;
Ann Lillie <Ann.Lillie@fresno.gov>; Tom Adams <Tom.Adams@fresno.gov>; Jarred Garza <Jarred.Garza@fresno.gov>;
Michael Landon <Michael.Landon@fresno.gov>; Danny Kim <Danny.Kim@fresno.gov>; Jeff Long
<Jeff.Long@fresno.gov>; skahl@co.fresno.ca.us; Fresno County Environmental Health 2 <glallen@co.fresno.ca.us>;
Fresno County Environmental Health 3 <jgardner@co.fresno.ca.us>; Fresno County Environmental Health 4
<ktsuda@co.fresno.ca.us>; Fresno Irrigation District <engr‐review@fresnoirrigation.com>;
developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org; Sophia Pagoulatos <Sophia.Pagoulatos@fresno.gov>;
Drew Wilson <Drew.Wilson@fresno.gov>; Daniel Zack <Daniel.Zack@fresno.gov>; Michelle Zumwalt
<Michelle.Zumwalt@fresno.gov>; Lachea Deamicis <Lachea.Deamicis@fresno.gov>; Amber Piona
<Amber.Piona@fresno.gov>; Michael Andrade <Michael.Andrade@fresno.gov>; ajs4@pge.com; d3p5@pge.com; Kevin
Peterson <KevinPeterson@clovisusd.k12.ca.us>; Andrew Nabors <AndrewNabors@clovisusd.k12.ca.us>; Garry
Bredefeld <Garry.Bredefeld@fresno.gov>; andrew.z.mata@usps.gov
Cc: Bonique Emerson <Bonique.Emerson@fresno.gov>; Marissa Butler <Marissa.Butler@fresno.gov>
Subject: RE: Request for Comment ‐ A‐17‐009 R‐17‐013 C‐17‐101
** This is an EXTERNAL EMAIL **
Hi All,
For those of you have not yet provided comments, please let me know by the end of today 8/25 if you plan to and by
when? The deadline for comments was Monday 8/21 and I’ve only heard from a handful. If I don’t hear from you by the
end of today, I will assume you have no comments at this time.
Thank you to those who have already provided comments.
Thank you,
Ricky
From: Marissa Butler
Sent: Monday, August 07, 2017 2:04 PM
To: Ricky Caperton; Louise Gilio; Jairo Mata; Melessa Avakian; Michael Carbajal; Robert Diaz; Laurie Sawhill; Kevin Gray;
Leslie Forshey; Randi Eisner; Darla Scott; Ann Lillie; Tom Adams; Jarred Garza; Michael Landon; Danny Kim; Jeff Long;
2
skahl@co.fresno.ca.us; Fresno County Environmental Health 2; Fresno County Environmental Health 3; Fresno County
Environmental Health 4; Fresno Irrigation District; developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org;
Sophia Pagoulatos; Drew Wilson; Daniel Zack; Michelle Zumwalt; Lachea Deamicis; Amber Piona; Michael Andrade;
ajs4@pge.com; d3p5@pge.com; kevinpeterson@cusd.com; andrewnabors@cusd.com; Garry Bredefeld;
andrew.z.mata@usps.gov
Subject: Request for Comment - A-17-009 R-17-013 C-17-101
Commenting Partners:
You have been identified as the best contact to provide your department/agency's review and comments for the subject
project. Please click the following link and download an electronic copy of the project package for review.
Project Address: 836 E Nees Avenue
APN: 402-220-66
http://m3.fresno.gov/upload/files/27184784/A17009R17013C17101ElectronicRouting.pdf (click on bookmarks to
navigate)
We look forward to receiving your responses electronically and any comments you may have by the August 21, 2017
comment deadline. If you do not have any comments, please communicate a “No Comment” response. Please email your
comments directly to the Development Services Division attention Ricky.Caperton@fresno.gov and
Marissa.Butler@fresno.gov
Thank you,
Marissa Butler
Temporary Senior Administrative Clerk
City of Fresno, DARM- Development Services Division
(559) 621-8277
1
Ricky Caperton
From:Ann Lillie
Sent:Monday, August 28, 2017 8:42 AM
To:Marissa Butler; Ricky Caperton
Cc:Melessa Avakian; Jairo Mata
Subject:RE: Request for Comment - A-17-009 R-17-013 C-17-101
No CFD Comments!
Turtley Regards!
Ann Lillie
Senior Engineering Technician
Traffic and Engineering Services Division
(559) 621-8690
Ann.lillie@fresno.gov
From: Marissa Butler
Sent: Monday, August 07, 2017 2:04 PM
To: Ricky Caperton; Louise Gilio; Jairo Mata; Melessa Avakian; Michael Carbajal; Robert Diaz; Laurie Sawhill; Kevin Gray;
Leslie Forshey; Randi Eisner; Darla Scott; Ann Lillie; Tom Adams; Jarred Garza; Michael Landon; Danny Kim; Jeff Long;
skahl@co.fresno.ca.us; Fresno County Environmental Health 2; Fresno County Environmental Health 3; Fresno County
Environmental Health 4; Fresno Irrigation District; developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org;
Sophia Pagoulatos; Drew Wilson; Daniel Zack; Michelle Zumwalt; Lachea Deamicis; Amber Piona; Michael Andrade;
ajs4@pge.com; d3p5@pge.com; kevinpeterson@cusd.com; andrewnabors@cusd.com; Garry Bredefeld;
andrew.z.mata@usps.gov
Subject: Request for Comment - A-17-009 R-17-013 C-17-101
Commenting Partners:
You have been identified as the best contact to provide your department/agency's review and comments for the subject
project. Please click the following link and download an electronic copy of the project package for review.
Project Address: 836 E Nees Avenue
APN: 402-220-66
http://m3.fresno.gov/upload/files/27184784/A17009R17013C17101ElectronicRouting.pdf (click on bookmarks to
navigate)
2
We look forward to receiving your responses electronically and any comments you may have by the August 21, 2017
comment deadline. If you do not have any comments, please communicate a “No Comment” response. Please email your
comments directly to the Development Services Division attention Ricky.Caperton@fresno.gov and
Marissa.Butler@fresno.gov
Thank you,
Marissa Butler
Temporary Senior Administrative Clerk
City of Fresno, DARM- Development Services Division
(559) 621-8277
1
Ricky Caperton
From:Danny Kim
Sent:Friday, August 25, 2017 9:34 AM
To:Ricky Caperton
Subject:RE: Request for Comment - A-17-009 R-17-013 C-17-101
Not sure if we responded… we have No Comment
Detective Danny D. Kim
Fresno Police Department
Northeast Policing District
Problem Oriented Policing (POP)
ABC Licensing
(559) 621-6409 (Desk)
(559) 621-7000 (Dispatch)
(559) 436-6245 (Fax)
Tuesday-Friday / 6am-4pm
Email: danny.kim@fresno.gov
PRIVILEGED AND CONFIDENTIALITY NOTICE: This electronic transmission is intended for the
addressee(s) named above. It contains information that is privileged, confidential, or otherwise protected from
use and disclosure. If you are not the intended recipient, you are hereby notified that any review, disclosure,
copying, or dissemination of this transmission, or the taking of any action in reliance in its contents, or other
use is strictly prohibited. If you have received this transmission in error, please notify the sender that this
message was received in error and then delete this message.
From: Ricky Caperton
Sent: Friday, August 25, 2017 9:16 AM
To: Louise Gilio; Jairo Mata; Melessa Avakian; Michael Carbajal; Robert Diaz; Laurie Sawhill; Kevin Gray; Leslie Forshey;
Randi Eisner; Darla Scott; Ann Lillie; Tom Adams; Jarred Garza; Michael Landon; Danny Kim; Jeff Long;
skahl@co.fresno.ca.us; Fresno County Environmental Health 2; Fresno County Environmental Health 3; Fresno County
Environmental Health 4; Fresno Irrigation District; developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org;
Sophia Pagoulatos; Drew Wilson; Daniel Zack; Michelle Zumwalt; Lachea Deamicis; Amber Piona; Michael Andrade;
ajs4@pge.com; d3p5@pge.com; kevinpeterson@cusd.com; andrewnabors@cusd.com; Garry Bredefeld;
andrew.z.mata@usps.gov
Cc: Bonique Emerson; Marissa Butler
Subject: RE: Request for Comment - A-17-009 R-17-013 C-17-101
Hi All,
For those of you have not yet provided comments, please let me know by the end of today 8/25 if you plan to and by
when? The deadline for comments was Monday 8/21 and I’ve only heard from a handful. If I don’t hear from you by the
end of today, I will assume you have no comments at this time.
Thank you to those who have already provided comments.
2
Thank you,
Ricky
From: Marissa Butler
Sent: Monday, August 07, 2017 2:04 PM
To: Ricky Caperton; Louise Gilio; Jairo Mata; Melessa Avakian; Michael Carbajal; Robert Diaz; Laurie Sawhill; Kevin Gray;
Leslie Forshey; Randi Eisner; Darla Scott; Ann Lillie; Tom Adams; Jarred Garza; Michael Landon; Danny Kim; Jeff Long;
skahl@co.fresno.ca.us; Fresno County Environmental Health 2; Fresno County Environmental Health 3; Fresno County
Environmental Health 4; Fresno Irrigation District; developmentreview@fresnofloodcontrol.org; ceqa@valleyair.org;
Sophia Pagoulatos; Drew Wilson; Daniel Zack; Michelle Zumwalt; Lachea Deamicis; Amber Piona; Michael Andrade;
ajs4@pge.com; d3p5@pge.com; kevinpeterson@cusd.com; andrewnabors@cusd.com; Garry Bredefeld;
andrew.z.mata@usps.gov
Subject: Request for Comment - A-17-009 R-17-013 C-17-101
Commenting Partners:
You have been identified as the best contact to provide your department/agency's review and comments for the subject
project. Please click the following link and download an electronic copy of the project package for review.
Project Address: 836 E Nees Avenue
APN: 402-220-66
http://m3.fresno.gov/upload/files/27184784/A17009R17013C17101ElectronicRouting.pdf (click on bookmarks to
navigate)
We look forward to receiving your responses electronically and any comments you may have by the August 21, 2017
comment deadline. If you do not have any comments, please communicate a “No Comment” response. Please email your
comments directly to the Development Services Division attention Ricky.Caperton@fresno.gov and
Marissa.Butler@fresno.gov
Thank you,
Marissa Butler
Temporary Senior Administrative Clerk
City of Fresno, DARM- Development Services Division
(559) 621-8277
CITY OF FRESNO - DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
REQUEST FOR COMMENTS, CONDITIONS, ENVIRONMENTAL ASSESSMENT,
AND ENTITLEMENT APPLICATION REVIEW OF
PLAN AMENDMENT APPLICATION NO. A-17-009, REZONE APPLICATION NO. R-17-013
CONDITIONAL USE PERMIT APPLICATION NO. C-17-101
PROJECT DESCRIPTION AND LOCATION:
Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and Conditional
Use Permit Application No. C-17-101 were filed by Gary Giannetta of Gary Giannetta Consulting Civil
Engineer and pertain to ±2.5 acres of property located on the northeast corner of East Nees Avenue and
North Bond Avenue. Plan Amendment Application No. A-17-009 proposes to amend the Fresno
General Plan and the Woodward Park Plan from Commercial - Recreation to Commercial - Community.
Rezone Application No. R-17-013 proposes to amend the Official Zone Map to reclassify a portion of
the property from CRC (Commercial - Recreation) to CC (Commercial - Community). Conditional Use
Permit Application No. C-17-101 proposes construction of a 9,175 square foot funeral home to include
a chapel with 190 seat capacity.
APN: 402-220-66 ZONING: From CRC to CC ADDRESS: 836 E Nees Avenue
DATE ROUTED: August 7, 2017 COMMENT DEADLINE: August 21, 2017
WILL THIS PROJECT AFFECT YOUR AGENCY/JURISDICTION? (If yes, specify.)
SUGGESTION(S) TO REDUCE IMPACTS/ADDRESS CONCERNS:
REQUIRED CONDITIONS OF APPROVAL:
IS ANY ADDITIONAL INFORMATION NEEDED FOR YOU TO COMPLETE YOUR REVIEW? (Be specific):
REVIEWED BY:
Name and Title Telephone Number Date
DRC 08-04-16 Level 4; District 6; Fresno General Plan, Woodward Park Community Plan
Return Completed Form to:
Ricky Caperton, Development Services/Planning
Email: Ricky.Caperton@fresno.gov and
Marissa.Butler@fresno.gov
Development and Resource Management
2600 Fresno Street, Third Floor
Fresno CA 93721-3604
The City of Fresno Airports Department anticipates no adverse impacts on Fresno
Yosemite International Airport or Fresno Chandler Executive Airport.
None
None
None
Jarre S. Garza - Sr. Eng. Tech. 559-621-4527 08/21/2017
CERTIFICATION OF THE INSTALLATION OF REQUIRED
LANDSCAPING AND LANDSCAPE IRRIGATION SYSTEM
City of Fresno Development and Resource Management Department
2600 Fresno Street, Room 3043
Fresno, California 93721-3604
ATTN: ______________________________________________
[printed name of planner who processed the project listed below]
REGARDING: ________________________________________________________
[Conditional Use Permit No. / Site Plan Review No./ Variance No. / Tract No.]
I, __________________________________, hereby certify, under penalty of perjury, that all
[printed name of landscape professional]
landscaping and related irrigation system improvements have been installed as required
pursuant to the final corrected landscape plans/exhibits approved by the City of Fresno for the
above development project. These landscape exhibits, numbered ___________________,
[numbers from entitlement file]
were submitted on ___________________ and were approved on ____________________
[date] [date]
by the above-named planner.
Certified by: x___________________________________
[signature of landscape professional]
Certified on: ____________________ ____________________________________
[date signed] [type of license, and license number of the signer]
Telephone (with area code): (_________)_____________________________
Business Address: ________________________________________
________________________________________
K:\Common\WORD FORMS\Landscape Certification Form.doc 06/06/11
City of Fresno Notes and Requirements for Entitlement Applications
(Note: Not all requirements will be applicable to all projects)
GENERAL
1. Approval of this special permit may become null and void in the event that
development is not completed in accordance with all the conditions and requirements
imposed on this special permit, the Zoning Ordinance, and all Public Works Standards
and Specifications. This special permit is granted, and the conditions imposed, based
upon the Operation Statement provided by the applicant. The Operation Statement is
material to the issuance of this special permit. Unless the conditions of approval
specifically require operation inconsistent with the Operation Statement, a new or
revised special permit is required if the operation of this establishment changes or
becomes inconsistent with the Operation Statement. Failure to operate in accordance
with the conditions and requirements imposed may result in revocation of the special
permit or any other enforcement remedy available under the law. The Development
and Resource Management Department shall not assume responsibility for any
deletions or omissions resulting from the special permit review process or for additions
or alterations to construction plans not specifically submitted and reviewed and
approved pursuant to this special permit or subsequent amendments or revisions.
2. No land shall be used, and no structure shall be constructed, occupied, enlarged,
altered, demolished, or moved in any zoning district, except in accordance with the
provisions of this Code. Specific uses of land, buildings, and structures listed as
prohibited in any zoning district are hereby declared to be detrimental to the public
health, safety, and welfare.
3. Development shall take place in accordance with the Standards, Specifications, and
Standard Drawings of the City of Fresno Public Works Department;
http://www.fresno.gov/Government/DepartmentDirectory/PublicWorks/DeveloperDoorw
ay/Technical+Library/StandardSpecificationsandDrawings.htm
4. Development shall take place in accordance with all city, county, state and federal laws
and regulations.
5. Owners and persons having ownership interest in businesses operating in the City of
Fresno (including leasing out any commercial or industrial property, or renting out four
or more dwelling units) are required by the Fresno Municipal Code to obtain a
Business Tax Certificate. Contact the City of Fresno Finance Department‟s Business
Tax Division at (559) 621-6880 for more information. Information and an application
form is available at the following website:
http://www.fresno.gov/Government/DepartmentDirectory/Finance/BusinessLicenseand
Tax/businesstaxapplicaiton.htm
6. All proposed building(s) or structure(s) constructed on the property must comply with
the prevailing California Building Code Standards.
City of Fresno Notes and Requirements For Entitlement Applications
Page 2 of 9
7. Any building modifications and/or additions not included with this application are not
approved with this special permit and would be subject to a new special permit.
8. A permit granted under this Code shall automatically expire if it is not exercised or
extended within three years of its issuance. Refer to section 15 -5013, Expiration of
Planning Entitlements, for more information about the exercise of rights.
FENCES/WALLS, LANDSCAPING, PARKING
9. Nothing in this Development Code shall be deemed to prohibit the erection of
temporary fencing around construction sites in compliance with the Building Code and
other applicable provisions of the Fresno Municipal Code.
10. Future fences shall be reviewed and approved by the Development and Resource
Management Department prior to installation.
11. Trees shall be maintained by property owners to be free from physical damage or
injuring arising from lack of water, chemical damage, accidents, vandalism, insects,
and disease. Any tree showing such damage shall be replaced with another tree.
12. No tree for which a Tree Removal Permit is required shall be removed until all
conditions of the permit have been satisfied and the decision has become final. In
addition, tree(s) approved for removal in conjunction with a development application
shall not be removed before the issuance of a Building Permit or unless all of the
conditions of approval of the development applications are satisfied.
13. The review authority shall issue a Tree Removal Permit if any of the following general
criteria is met: a) The tree(s) is irreparably diseased or presents a danger of falling that
cannot be controlled or remedied through reasonable preservation and/or preventative
procedures and practices so that the public health or safety requires its removal. b)
The tree(s) can potentially cause substantial damage to existing or proposed main
structure(s) (e.g. dwellings, other main structures, or public infrastructure) or interfere
with utility services and cannot be controlled or remedied through reasonable
relocation or modification of the structure or utility services. c) The retention of the
tree(s) restricts the economic enjoyment of the property or creates an unusual hardship
for the property owner by severely limiting the use of the property in a manner not
typically experienced by owners of similarly zoned and situated properties, and the
applicant has demonstrated to the satisfaction of the Review Authority that there are no
reasonable alternatives to preserve the tree(s).
14. Landscaping must be in place before issuan ce of the certificate of occupancy. A Hold
on Occupancy shall be placed on the proposed development until such time that
landscaping has been approved and verified for proper installation by the Development
Services Division. (Include this note on the site and landscape plans.)
City of Fresno Notes and Requirements For Entitlement Applications
Page 3 of 9
15. New landscaping shall have an automatic irrigation system designed to provide
adequate and efficient coverage of all plant material. Irrigation systems shall comply
with the requirements of the California Green Building Standards Code and/or the
California Model Water Efficient Landscape Ordinance and/or the California Plumbing
Code as may be amended.
16. Future tenant improvements shall be reviewed and approved by the Development and
Resource Management Department to ensure that adequate off-street parking is
provided.
17. Trees required for parking lots are in addition to trees required elsewhere on the site as
prescribed in other sections of this Code.
18. A minimum number of accessible parking stalls are required for the proposed project
per State of California Building Code, “Development Requirements for Handicapped
Accessibility.”
19. All accessible stalls shall be marked with the international symbol of spaces and a
warning that vehicles in violation of Section 10 -1017 of the Municipal Code shall be
towed away. The international symbol and tow-away warning shall be posted
conspicuously on seven-foot poles. (Include this note on the site plan.)
20. Applicants are encouraged to provide shared vehicle and pedestrian access between
adjacent properties for convenience, safety, and efficient circulation. A joint access
covenant shall be required. (Include this note on the site plan.)
21. All general standards of Section 15-2015 of the FMC shall apply when lighting is
provided to illuminate parking, sales or display areas. Depict all proposed lights on
the site plan.
22. Bicycle parking spaces shall be supplied according to Table 15 -2429-D: Required On-
Site Bicycle Parking Spaces of the Fresno Municipal Code (FMC). Each bicycle
parking space shall be a minimum of 30 inches in width and eight feet in length and
shall be accessible without moving another bicycle. At least 30 inches of clearance
shall be provided between bicycle parking spaces and adjacent walls, poles,
landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet
from vehicle parking spaces to allow for the maneuvering of bikes. Overhead clearance
shall be a minimum of seven feet. A min imum five foot aisle between each row of
bicycle parking shall be provided for bicycle maneuvering beside or between each row,
when multiple rows are proposed. Bicycle parking spaces shall not encroach into
pedestrian ways, landscaped areas, or other required open spaces, and shall be
located proximal to structures.
23. All general provisions of Section 15-2403 of the FMC shall apply to all parking areas.
City of Fresno Notes and Requirements For Entitlement Applications
Page 4 of 9
SIGNAGE
24. All future signs shall be architecturally compatible with the proposed building(s).
Provide a set of drawings, with descriptive information, including, materials, design and
colors to allow for a preliminary assessment of the future signage. It is recomm ended
that you provide a copy of the signage early in the project process to allow for staff
comment.
25. Signs, other than directional signs, if applicable, are not approved for installation as
part of this special permit. (Include this note on the site plan.)
26. All proposed signs shall conform to the current sign ordinance. Applications for a sign
permit and requirements for submittal are available at the Development and Resource
Management Department's Public Front Counter or online at
http://www.fresno.gov/Government/DepartmentDirectory/DARM/DevelopmentServices/
StandardsGuidelines/SignsandBanners.htm
27. Window signs limited to the hours of operation, address, occupancy, and emergency
information, subject to the following standards: a) Operational windows signs shall not
be mounted or placed on windows higher than the second story. b) The maximum area
of exempt window signage shall not exceed three square feet in area.
28. Banners, streamers, moving signs, and inflatables (including air dancers, balloons, and
similar objects) are allowed subject to Temporary Use Permit approval for
establishments within Non-Residential Districts. Signs of this type do not count toward
total maximum sign area. No sign per this section shall be displayed for more than 30
days, and a period of 30 must lapse before displaying another sign. Signs shall not be
displayed for more than 60 total days during a calendar year.
MISCELLANEOUS
29. Noise levels shall not exceed the decibel levels described in Section 15-2506 of the
FMC at anytime, measured at the nearest subject property line.
http://library.municode.com/HTML/14478/level3/MUCOFR_CH10REREPUNUREPRC
OUS_ART1NORE.html#MUCOFR_CH10REREPUNUREPRCOUS_ART1NORE_S10-
102DE
30. The address listed in the conditions of approval is the 'Official Address' given to the
building. If you would like separate suite or unit numbers for a building, provide a floor
plan and contact the City of Fresno Development and Resource Management
Department for 'Official Addresses‟. Only those addresses assigned by the City of
Fresno will be recognized as 'Official Addresses'. The United States Post Office
will only recognize addresses assigned by the City of Fresno. If a non-official address
is given to a building and or/separate suites, the City of Fresno has the authority to
charge a fee and have those addresses corrected. In addition, the United States Post
Office will cease mail delivery to those addresses that are not „Official Addresses‟.
City of Fresno Notes and Requirements For Entitlement Applications
Page 5 of 9
31. All projects, including projects that involve less than one acre of property, are required
to comply with the City of Fresno‟s Urban Storm Water Quality Management and
Discharge Control Ordinance, FMC Chapter 6, Article 7 (FMC Sections 6-701 et seq.)
When a project involves one acre or more of construction activity (including, but not
limited to, grading) the developer is required to obtain a stormwater discharge permit
for construction, with a Notice of Intent (NOI) filed prior to commencement of any
grading construction activity. Contact the Fresno office of the California Regional
Water Quality Control Board at 559-445-6281 regarding the required NOI and
stormwater discharge permit. Additional information on California‟s construction
stormwater regulation may be obtained from the Water Board via the internet :
www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml.
Helpful information for preparing and implementing stormwater pollution prevention
plans may also be obtained from the California Stormwater Quality Association via its
website, www.casqa.org
When a project involves specified nonresidential activities (certain commercial and
industrial activities), an ongoing industrial stormwater discharge permit is also required.
Contact the Fresno office of the California Regional Water Quality Control Board at
559-445-6281 to find out whether your project/business requires an industrial
stormwater discharge permit, and to obtain details on securing this permit. Additional
information on industrial stormwater regulations may be obtained from the following
website: www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.shtml ,
The California Stormwater Quality Association has additional information on preparing
stormwater pollution prevention plans for industrial activities (www.casqa.org).
32. Screen all roof-mounted equipment from the view of public rights-of-way. Depict all
mechanical equipment on site plan and elevations.
33. If archaeological and/or animal fossil material is encountered during project surveying,
grading, excavating, or construction, work shall stop immediately. (Include this note
on the site plan.)
34. If there are suspected human remains, the Fresno County Coroner shall be
immediately contacted. If the remains or other archaeological material is possibly
Native American in origin, the Native American Heritage Commission (Phone: (916)
653-4082) shall be immediately contacted, and the California Archaeological
Inventory/Southern San Joaquin Valley Information Center (Phone: (805) 644 -2289)
shall be contacted to obtain a referral list of recognized archaeologists. An
archeological assessment shall be conducted for the project, the site shall be formally
recorded, and recommendations made to the City as to any further site investigation or
site avoidance/preservation. (Include this note on the site plan.)
35. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be
contacted to obtain a referral list of recognized paleontologists. An assessment shall
City of Fresno Notes and Requirements For Entitlement Applications
Page 6 of 9
be conducted by a paleontologist and, if the paleontologist determines the material to
be significant, it shall be preserved. (Include this note on the site plan.)
36. Connection to a municipal water system is required unless approved measures are
included in the project conditions of approval for an alternative water supply.
37. Connection to a municipal City of Fresno sewer system is required unless approved
measures are included in the project conditions for alternative wastewater treatment
facilities.
38. City of Fresno water and sewer connection charge obligations applicable to this project
will be computed during the build ing construction plan check process and shall be
payable at time of issuance of building permit unless other arrangements have been
approved to defer such payments to a later date. For information relating to water and
sewer service requirements and connection charges, contact Frank Saburit at (559)
621-8277.
39. Open street cuts are not permitted; all utility connections must be bored.
40. CROSS-CONNECTION CONTROL. A backflow prevention device may be required on
the water service. Contact the Department of Public Utilities, Water Division (559) 621-
5300 for requirements relating to approved devices, locations, testing and acceptance.
This requirement must be satisfied prior to final occupancy.
41. This project was reviewed by the Fire Department only for requirements related to
water supply, fire hydrants, and fire apparatus access to the building(s) on
site. Review for compliance with fire and life safety requirements for the building
interior and its intended use are reviewed by both the Fire Depar tment and the Building
and Safety Section of the Development and Resource Management when a submittal
for building plan review is made as required by the California Building Code by the
architect or engineer of record for the building.
42. Open storage (outside an enclosed building) shall be limited to vehicles, boats,
recreational vehicles, and trailers. Outdoor storages areas shall be screened from
public view by building façades or solid fences. At the discretion of the Review
Authority, the treatment of the ground surface of the open storage area may be gravel
or other materials as prescribed by the San Joaquin Valley Air Pollution Control
District, the Public Works Department, the Fire Department, and the Fresno
Metropolitan Flood Control District. All open storage must be depicted on the site plan
and described in operation. If it is not, it is not allowed on the site.
43. If video surveillance cameras are required or installed, provide signs under the
surveillance cameras which notify the public that the subject property is monitored by
video surveillance.
City of Fresno Notes and Requirements For Entitlement Applications
Page 7 of 9
FEES
(Not all fees will be applicable to all projects)
44. NOTICE TO PROJECT APPLICANT: In accordance with the provisions of
Government Code Section 66020(d)(1), the imposition of fees, dedication, reservatio ns
or exactions for this project are subject to protest by the project applicant at the time of
approval or conditional approval of the development or within 90 days after the date of
imposition of fees, dedications, reservation, or exactions imposed on th e development
project. This notice does not apply to those fees, dedications, reservations, or
exactions which were previously imposed and duly noticed; or, where no notice was
previously required under the provisions of Government Code Section 66020(d)(1 ) in
effect before January 1, 1997.
45. CITYWIDE DEVELOPMENT IMPACT FEES
a) Traffic Signal Charge (FMC Section 12-4.1101 to 12-4.1103) This project shall
pay its Traffic Signal Mitigation Impact Fee at the time of building permit based on
the trip generation rate(s) as set forth in the latest edition of the ITE Generation
Manual. Refer to the adopted Master Fee Schedule for fee rate. Thi s fee shall be
paid at time of building permit.
b) Fire Facilities Fee (FMC Section 12-4.901 to 12-4.906) (based on building square
footage, or residential units)
c) Police Facilities Fee (FMC Section 12-4.801 to 12-4.806) (based on building
square footage, or residential units)
d) Parks Facilities Fee (FMC Section 12-4.701 to 12-4.706) (based on the number
of residential units)
46. CITYWIDE REGIONAL AND NEW GROWTH MAJOR STREET IMPACT FEES (FMC
Section 12-4.1006)
a) Street Impact Fees shall be due and payable at the time of building permit
issuance unless otherwise required by State law.
b) Street Impact Fees will be a condition on all development entitlements granted.
c) New construction on vacant parcels shall be calculated on a net acreage
(adjusted acre basis) of the entire property subject to the development entitlement
based upon planned land use. Notwithstanding, fees shall be based upon actual
land use for developments in the C-M zone district and for development projects
developed inconsistent with the plan land use.
d) New construction on property that is partially developed, Street Impact Fees will
be applied to the incremental increase proportionate to the respective floor to
area ratios (25% for commercial and 40% for industrial). In no case shall anyone
pay more than the amount of the total net acreage of the parcel multiplied by the
applicable fee rate.
City of Fresno Notes and Requirements For Entitlement Applications
Page 8 of 9
e) Reuse being more intensive that the original use, the developer shall be required
to pay the difference between the current amount of the Street Impact Fee
obligation for the old use and the current amount of the Street impact Fee
obligation for the new use.
47. FRESNO COUNTY FACILITY IMPACT FEE
Fresno County adopted a Facilities Impact Fee, but the requirement to pay this fee was
subsequently suspended by Fresno County. If the fee has been reinstated at the time
of issuance of building permits for this project, or an alternative fee system has been
adopted by Fresno County, proof of payment or payment of this fee will be required for
issuance of building permits.
48. REGIONAL TRANSPORTATION MITIGATION FEE (RTMF)
Pay the RTMF fee 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 building permits.
49. SCHOOL FEES
School fees must be paid, if required, prior to the issuance of building permit s. Contact
Central Unified School District. Provide proof of payment (or no fee required) prior to
the issuance of building permits.
50. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT (FMFCD) FEES
a) A FMFCD Development Fee is required for review of proposed development
projects, including applications for plan amendments, rezones, special permits,
subdivisions, and grading plans. This fee is based on project acreage and must
be paid directly to FMFCD in order for that agency to review projects and provide
a Notice of Requirements. For more information, contact F resno Metropolitan
Flood Control District at (559) 456-3292.
b) FMFCD drainage fees are due, if required, prior to issuance of building permits
and are payable at the rate in place at the time of building permit issuance.
Unpaid drainage fee obligations that were unpaid for a prior project at the site of a
new project must be satisfied by the developer of the new project. Drainage fees
may be paid at the Development and Resource Management Department prior to,
or at the time of building permit issuance. They may also be paid directly to
FMFCD, and proof of payment provided to the City, in order to obtain construction
permits.
51. SEWER CONNECTION CHARGES (FMC Section 6-304(a)). The following sewer
connection charges may be required and will be payable at the fee rate listed in the
Master Fee Schedule at the time payment is due. New sewer connection charges
adopted by the Council prior to the issuance of building permits may also be applied.
a) Lateral Sewer Charge (based on property frontage to a depth of 100‟)
City of Fresno Notes and Requirements For Entitlement Applications
Page 9 of 9
b) Oversize Sewer Charge (based on property frontage to a depth of 100‟)
Effective January 9, 1999, Ordinance No. 98-97 also amended certain sewer
connection charges. Fresno Municipal Code Article 15, Section 12 provides property
owners the incentives and deletes certain sewer connection charges pursuant to the
Simple Tiered Equity Program (STEP) and the Employment Development Program
(EDP). For additional information on the STEP and EDP, contact the Department of
Public Utilities, Administration Division at (559) 621-8600.
52. WATER CONNECTION CHARGES: (FMC Sections 6-507 to 6-513). The following
water connection charges may be required and will be payable at the fee rate li sted in
the Master Fee Schedule at the time payment is due. New water connection charges
adopted by the Council prior to issuance of building permits may also be applied.
a) Frontage Charge (based on property frontage)
b) Transmission Grid Main Charge (based on acreage)
c) Transmission Grid Main Bond Debt Services Charge (based on acreage)
d) UGM Water Supply Fee (based on living units, living unit equivalents or acreage)
e) Wellhead Treatment Fee (based on living units or living unit equivalents)
f) Recharge Fee (based on living units or living unit equivalents)
g) 1994 Bond Debt Service Charge (based on living units or living unit equivalents)
h) Service Charges (based on service size required by applicant)
i) Meter Charges (based on service need)
53. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks,
Streets, and Traffic Signals is available for projects located within the Downtown
Priority Areas in accordance with the provisions of City of Fresno Resolutions
Nos. 2009-265 and 2010-19.
v.7, 2016-05-04
EXHIBIT D
Project Information
PROJECT INFORMATION
PROJECT
See description under “Subject” and “Executive
Summary” of the staff report.
APPLICANT Gary Giannetta (Gary Giannetta Consulting Civil
Engineers) on behalf of Russ Nakata (Property Owner)
LOCATION
836 East Nees Avenue (Portion of APN: 402-220-66);
Located on the northeast corner of East Nees Avenue
and North Bond Street.
(Council District 6, Councilmember Bredefeld)
SITE SIZE ±2.50-acre portion of a 22.81-acre parcel
LAND USE
Existing: Commercial Recreation
Proposed: Community Commercial
ZONING
Existing: CRC/UGM/cz (Commercial–Recreation/Urban
Growth Management/conditions of zoning)
Proposed: CC/UGM/cz (Community-Commercial/Urban
Growth Management/conditions of zoning)
PLAN DESIGNATION
AND CONSISTENCY
Plan Amendment No. A-17-009, Rezone No. R-17-013,
and Conditional Use Permit No. C-17-101 can be found
consistent with the Fresno General Plan and Woodward
Park Community Plan, as further described in the “Land
Use and Policies” analysis section of the staff report.
ENVIRONMENTAL
FINDING
Finding of a Negative Declaration dated June 19, 2018.
PLAN COMMITTEE
RECOMMENDATION
The Council District 6 Project Review Committee
reviewed this project and recommended approval on
March 19, 2018.
COVENANTS
ZONE CONDITIONS
Conditions of Zoning are applicable to the subject
property (Ordinance No. 98-2). Some of the conditions
of zoning are not applicable to the proposed project. See
analysis under “Conditions of Zoning” of Exhibit I of the
staff report that outlines the existing conditions of
zoning. A covenant for cross access and stacked
parking will be required as part of the project and is
included as a Condition of Approval.
SPECIAL POLICY AREA
APPLICABLE POLICIES Section 15-2714 – Body Preparation and Funeral
Services
HISTORIC
INFORMATION
HISTORIC SITE /
DISTRICT
The subject property is currently vacant and
undeveloped, therefore, has no historic structures. The
area surrounding the subject property is not a historic
district nor does it contain any historic structures.
EXHIBIT E
Bordering Property Information
BORDERING PROPERTY INFORMATION
Planned Land Use Existing Zoning Existing
Land Use
North Commercial Recreation CRC/UGM/cz
Commercial Recreation/ Urban Growth
Management/ conditions of zoning Vacant
South Medium-Low Density
Residential and
Public Facility
RS-4/UGM
Medium-Low Density Single-Family
Residential/Urban Growth Management
PI/UGM
Public Institutional/Urban Growth
Management
Single-
Family
Residential
and Fire
Station
East Medium-Low Density
Residential
RS-4/UGM
Medium-Low Density Single-Family
Residential/ Urban Growth Management
Single-
Family
Residential
West Community Commercial CC/UGM/cz
Community Commercial/ Urban Growth
Management/ conditions of zoning
Service
Station
EXHIBIT F
Proposed Plans
WHITEHURST SULLIVANFuneral HomeAUGUST 2018RAARAA70131 / EP00-00_180829_208/30/1809/25/17CHECKED BY:DATE:DATE:DATE:DATE:213DRAWN BY:HIGGINSON ARCHITECTS, INC.29 SOUTH SIXTH STREETREDLANDS, CALIFORNIA 92373Ph. (909) 375-3030This plan / design may not be copied, reproducedor assigned to any third party without the writtenconsent of Higginson Architects, Inc.Copyright 2016HIGGINSONARCHITECTSINCORPORATEDFax (909) 375-4040HISNEDCARHNO.C19168L
CI
A
E
V
I
DDATST
REN.FOENSO INIGGTETCO10-31-17IFCALR
IA
N
WHITEHURST SULLIVAN
BURNS & BLAIR FUNERAL
HOME
SCI
FRESNO, CALIFORNIAA4.0EXTERIORELEVATIONSEXTERIOR ELEVATIONS1/8"20
AUGUST 2018RAARAA70131 / FP00-00_18083008/30/1809/25/17CHECKED BY:DATE:DATE:DATE:DATE:213DRAWN BY:HIGGINSON ARCHITECTS, INC.29 SOUTH SIXTH STREETREDLANDS, CALIFORNIA 92373Ph. (909) 375-3030This plan / design may not be copied, reproducedor assigned to any third party without the writtenconsent of Higginson Architects, Inc.Copyright 2016HIGGINSONARCHITECTSINCORPORATEDFax (909) 375-4040HISNEDCARHNO.C19168L
CI
A
E
V
IDDATST
REN.FOENSO INIGGTETCO10-31-17IFCALRIA
N
WHITEHURST SULLIVAN
BURNS & BLAIR FUNERAL
HOME
SCI
FRESNO, CALIFORNIAA1.0FLOOR PLANFLOOR PLAN1/8"20107CHAPEL127TELE./I.T.122MANAGER108SERVICECORRIDOR118JANITOR117RR105FSC101LOBBY103RECEP.125MEN124WOMEN119HOSPITALITY106ARRANGEMENT113RECEIVING102CHAPELFOYER121PUBLICCORRIDOR120SELECTIONROOM114ADMIN.116STATE ROOM 2111DRESSING109BREAKROOM110FLOWER126MECH104FOYER115STATE ROOM 1104FOYER123PORTECOCHERE2'-0"17'-11"2'-0"28'-1"12'-6"12'-0"25'-7"2'-0"11'-8"10'-8"12'-8"11'-6"21'-11"47'-5"120'-11"12'-0"18'-9"30'-3"2'-0"6'-0"2'-0"6'-0"2'-0"6'-0"2'-0"3'-0"
8'-0"
89'-11"
9'-0"
3'-0"74'-11"3'-0"8'-0"4'-6"12'-11"2'-0"6'-0"2'-0"6'-0"2'-0"6'-0"2'-0"9'-4"12'-11"12'-0"5'-8"13'-7"11'-2"P R O J E C TN O R T H1'-2"9'-3"10'-3"9'-0"CONC SIDEWALKFIRE RISER1121'-2"10'-3"112REP ROO WORK ROOM
SEQUOIA SEMPERVIRENS'APTOS BLUE'ARBUTUS UNEDOSTRAWBERRY TREEPISTACIA CHINENSISCHINESE PISTACHELAGERSTROEMIA HYBRID'NATCHEZ'JUNIPERUS CHINENSIS'SKYROCKET'FRAXINUS OXYCARPA'RAYWOOD ASH"BUCHLOE DACTYLOIDESUC VERDE BUFFALO GRASSFESTUCA RUBRANO-MOW RED FESCUEP L A N T I N G L E G E N DSYM.BOTANICAL/COMMON NAMEP R E L I M I N A R YMIXED FLOWERING SHRUBSLOW-WATER USEMIXED EVERGREEN SHRUBSMYRTUS COMMUNISRHAMNUS CROCEARHAMNUS MOUND SAN BRUNOWESTRINGIA MUNDIGREVILLEA SP.ROSMARINUS IRENEERIOGONUM SHASTA SULFURFESTUCA RIVER HOUSE BLUESAGAVE ATTENUATALAVENDULA OTTO QUASTANIGOZANTHOS HYBRIDS 1" = 16'-0"L100COLOR LANDSCAPEPLAN1802717JULY20180'16'32'4'8's h e e t t i t l e :j o b n o :s c a l e :d a t e :revisions project:client:o fsilver bar studio
landscape architecture
environmental design
mariposa, ca.WHITEHURST SULLIVANBURNS & BLAIRFUNERAL HOMESGH ARCHITECTSREDLANDS, CA30" WIDE STONEBORDER-TYP.VARYING-WIDTH STONE"DRY CREEK"-TYP.
EX. CURB & GUTTER TO REMAIN (TYP)
EX. MEDIAN ISLAND TO REMAIN (TYP)
SERVICE
28 STACKED CARS
PORTE COCHEREDRIVE
EX 8" SEWER TO REMAIN
EX 12" WATER TO REMAIN EX 8" SEWEREX 8" WATEREX. 60" F.I.D. PIPELINEEX 8" SEWER TO REMAINEX 8" WATER TO REMAIN(PUBLIC)(PRIVATE)EX 8" SEWER TO REMAIN
EX 12" WATER TO REMAIN
72'
192'96'72'13'2'5.5'
EX. 4' WIDE CONCRETE WALK
120'EX. 6' BLOCK WALL
6'-0" CMU WALL ALONG EAST PROPERTY LINE
VACAN
T
PROPOSED SIDEWALK
EX. WOOD POLE
TO BE REMOVED
EX. ELECT. BOX
TO REMAIN
EX. SIGNAL LIGHT (TYP)
EX. SIGNAL POLE
%%UFUNERAL HOME
9,175 SF
%%UPROPOSED
(NO WIRE)
NEES AVENUE
NO
PARKING
NO
PARKING CLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVACLEAN AIRVAN POOLEVA20'10'247.7'
2011.9'
1206'
641.4'
41'372'600'228'600'384'
30'72'
48'
60'
72'
48'
60'
5
4
3
2
EX. 20' F.I.D. EASEMENT
EX. 20' FID EASEMENT
LANDSC
A
P
I
N
G
LANDSC
A
P
I
N
G
LANDSC
A
P
I
N
G
LANDSC
A
P
I
N
G
LANDSCAPINGLANDSCAPINGLANDSCAPINGLANDSCAPINGLANDSCAPINGLANDSCAPING3ME 3ME 3ME
4ME
3ME 3ME
3ME
4ME
4ME
4ME 4ME
3ME
3ME
3ME
4ME 4ME
Luminaire Schedule
Symbol Qty Label Arrangement Lumens/Lamp LLF Total Watts Description
3 OSQ-4ME-1 SINGLE 16959 0.930 390 OSQ-A-NM-4ME-K-40K-UL-xx + OSQ-DAxx
10 OSQ-3ME-1 SINGLE 16959 0.930 1300 OSQ-A-NM-3ME-K-40K-UL-xx + OSQ-DAxx
1 OSQ-3ME-3 2 @ 90 DEGREES 16959 0.930 260 OSQ-A-NM-3ME-K-40K-UL-xx + OSQ-DAxx
Footcandles calculated using predicted lumen values after 50K hours of operation
Label Avg Max Min Avg/Min Max/Min
PAVEMENT 3.09 15.0 0.5 6.18 30.00
PROPERTY LINE 0.00 0.0 0.0 N.A.N.A.
0
Date:7/23/2018
Filename: V:\Common\AppEng\OUT\170920GP1CJBR4.AGI
1200 92nd Street - Sturtevant, WI 53177
www.cree.com - (800) 236-6800
Illumination results shown on this lighting design are based on project parameters provided to Cree, Inc. used in conjunction with luminaire
test procedures conducted under laboratory conditions. Actual project conditions differing from these design parameters may affect field results.
The customer is responsible for verifying dimensional accuracy along with compliance with any applicable electrical, lighting, or energy code.
60 120
Scale: 1"=30'
Layout by: CHRIS BOSANEC
SR-26162Project Name: WHITEHURST FUNERAL HOME
Footcandles calculated at 12" above grade
Pole Schedule
(13) PS4S17C1XX (17' X 4" X .125" STEEL SQUARE POLE)
(1) PS4S17C2XX (17' X 4" X .125" STEEL SQUARE POLE)
Proposed poles meet 140 MPH sustained winds.
MOUNTING HEIGHT = 17' POLE + 3' BASE
ADDITIONAL EQUIPMENT
(15) OSQ-DAXX (DIRECT ARM MOUNT)
4
EXHIBIT G
Operational Statement
EXHIBIT H
Trip Generation Analysis and City Response
EXHIBIT I
Conditions of Zoning and Analysis
CONDITIONS OF ZONING ANALYSIS
1. The developer shall make improvements as required by the Fresno Metropolitan Flood Control
District (FMFCD) to provide adequate capacity to serve this project. The FMFCD will require
mitigation of the impacts generated by anticipated increase in runoff—in excess of that created by
medium density residential development.
The FMFCD provided comments on the project on August 24, 2017 and are included in the
conditions of approval. Project approval will be subject to compliance with FMFCD comments,
including submittal of grading plans and a drainage report to FMFCD for review and approval, as
well as payment of FMFCD fees. Therefore, this condition of zoning has been met.
2. Prior to the submittal of a special permit on any portion of the subject property, the developer
shall meet with members of the neighborhood to the north of the site (Tract Nos. 2976 and 3656)
and shall submit a conceptual site plan for the entire 55 acre property to the City Council.
The project applicant and operators conducted a neighborhood meeting on May 31, 2017, as well as
on September 12, 2018. In both instances notices were mailed to surrounding property owners of
which included Tract No. 2976 and 3656, which encompasses the single-family residences to the
north and east of the subject property. Therefore, this condition has been met.
3. The improvement of East Niles Avenue along the north boundary of the C-R zoned property, shall
be completed upon development of the C-R zoned property or upon development of the single-
family subdivision proposed to the north of Niles Avenue, whichever occurs first.
East Niles Avenue has been constructed and currently provides access to the neighborhood to the
north of the parcel. Therefore, this condition of zoning has been met.
4. All proposed uses on the C-R zoned portion of the site shall be subject to review by the
Development Director for compatibility with surrounding properties.
The proposed project was reviewed by DARM staff. The department findings can be found in the
staff report for project applications Plan Amendment Application No. A-17-009, Rezone Application
No. R-17-013, and Conditional Use Permit Application No. C-17-101. Staff finds that the project is
compatible with surrounding properties subject to conditions of approval dated October 3, 2018.
5. An athletic club proposed on the C-R zoned property shall be limited to 4,000 single memberships,
3,500 family memberships; and, 800 executive memberships. Memberships shall be for no less
than one month.
The project does not propose an athletic club; therefore, this condition of zoning is not applicable.
6. The hours of operation for the athletic club will be limited to 5:00 a.m. to midnight; excluding
holidays.
The project does not propose an athletic club; therefore, this condition of zoning is not applicable to
the proposed project.
7. All athletic club activities, with the exception of the banquet facility, will be open only to members
and their authorized guests.
The project does not propose an athletic club; therefore, this condition of zoning is not applicable.
8. There will be no celebrity sporting events or exhibitions, invitational tournaments, or league
participation open to non-members or the general public at the athletic club.
The project does not propose an athletic club; therefore, this condition of zoning is not applicable.
9. Use and lighting of outdoor tennis courts at the athletic club shall be limited to hours of 7:00 a.m.
to 10:00 p.m.
The project does not propose an athletic club; therefore, this condition of zoning is not applicable.
10. The minimum building setback adjacent to the northerly property line of the C-R zoned property
shall be 50 feet.
The proposed project is not located along the northerly property line since it is situated along East
Nees Avenue. The project is located more than 500 feet south of the northern property line of the
greater 22.81-acre parcel property.
11. The City of Fresno, Development Department, reserves the right to review the need for additional
parking after the first, second, and fifth year of operation of the athletic club; and if, at any time, it
receives a complaint relative to an overflow of parking due to excess demand.
The project does not propose an athletic club; therefore, this condition of zoning is not applicable.
12. No car wash, cocktail lounge (if not subordinate to a restaurant), bar, or liquor store shall be
allowed on the subject property.
The proposed project does not include a car wash, cocktail lounge, bar, or liquor store. Therefore,
this condition of zoning has been met.
13. There shall be a 30-foot landscaped setback along East Nees Avenue.
The project proposes a 30-foot landscaped setback along East Nees Avenue. Therefore, this
condition of zoning has been met.
14. There shall be a 30-foot landscaped setback along North First Street starting at the intersection
with East Nees Avenue; with a gradual transition to a 50-foot landscaped setback north of Muncie
Avenue.
The project site does not abut North First Street; therefore, this condition of zoning is not applicable
to the proposed project.
EXHIBIT J
City Council Public Notice
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
NOTICE OF PUBLIC HEARING
PLAN AMENDMENT APPLICATION NO. A-17-009, REZONE APPLICATION NO. R-17-013,
CONDITIONAL USE PERMIT APPLICATION NO. C-17-101, AND ENVIRONMENTAL
ASSESSMENT NO. A-17-009/R-17-013/C-17-101
NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and
65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures
of Article 50, Chapter 15 of the Fresno Municipal Code (FMC), will conduct a public hearing to
consider Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and
Conditional Use Permit Application No. C-17-101 pertaining to approximately 2.5 acres of property
located on the northeast corner of East Nees Avenue and North Bond Street, a portion of a 22.81 -
acre parcel (APN: portion of 402-220-66). These applications were filed by Gary Giannetta on behalf
of Russ Nakata.
1. Environmental Assessment No. A-17-009/R-17-013/C-17-101 recommends that a Negative
Declaration be adopted for the above Plan Amendment, Rezone, and Conditional Use Permit
dated June 19, 2018 for purposes of the proposed project.
2. Plan Amendment Application No. A-17-009: Proposes to amend the Fresno General Plan
and Woodward Park Community Plan from the Commercial Recreation planned land use
designation to the Community Commercial planned land use designation.
3. Rezone Application No. R-17-013: Proposes to rezone the subject property from the
CRC/UGM/cz (Commercial Recreation/Urban Growth Management/conditions of zoning) zone
district to the CC/UGM/cz (Commercial Community/Urban Growth Management/conditions of
zoning) zone district.
4. Conditional Use Permit Application No. C-17-101: Proposes the construction of an
approximately 9,175 square foot funeral home to include a chapel with 190 seat capacity. No
crematory or body preparations are proposed as part of this use. The project also proposes site
improvements such as landscaping, and on-site parking for approximately 73 vehicles, in
addition to 28 proposed stacked parking spaces. The building would be a maximum of 28 feet
in height.
The Planning Commission considered these applications on October 3, 2018 and recommended
approval to the City Council.
Any interested person may appear at the public hearing and speak in favor or against the project
proposal. If you challenge the above applications in court, you may be limited to raising only those
issues, you, or someone else, raised at the public hearin gs described in this notice, or in written
correspondence delivered to the City Council prior to the public hearing. Written comments must be
received 24 hours before the item is to be heard at Council. Verbal comments may be made at the
public hearing. NOTE: This public hearing notice is being sent to surrounding property owners
pursuant to the requirements of FMC Section 15-5007. For additional information, contact Ricky
Caperton, Development and Resource Management Department, Development Services Division,
City Hall, 2600 Fresno Street, Fresno, California 93721 -3604, by telephone at (559) 621-8058, or via
e-mail at Ricky.Caperton@fresno.gov. Si necesita información en Español, comuníquese con
McKencie Perez al teléfono (559) 621-8066.
Jennifer K. Clark, Director
Development and Resource Management Department
DATED: October 26, 2018
APN(s): (portion of 402-220-66)
SEE MAP ON REVERSE SIDE
Development and Resource Management Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026
FRESNO CITY COUNCIL
Date: Thursday, November 8, 2018
Time: 10:05 a.m., or thereafter
Place: City Hall Council Chamber, Second Floor
2600 Fresno Street, Fresno, CA 93721
R. Caperton
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
2600 FRESNO ST
FRESNO CA 93721-3604
Plan Amendment No. A-17-009, Rezone No. R-17-013, Conditional Use Permit No. C-17-101
EA No. No. A-17-009/R-17-013/C-17-101
836 East Nees Avenue
THIS IS A LEGAL NOTICE
VICINITY MAP
LEGEND
SUBJECT PROPERTY
(Approximate limits shown)
E Niles Ave N First St E Nees Ave N Bond St
EXHIBIT K
Public Outreach Materials
Neighborhood Meeting Notice
Where: Kastner Intermediate School
Multi-Purpose Room
7676 N. First
Fresno, CA 93720
Date: May 31th, 2017
Time: 6:00 pm -7:30 pm
Dear Neighbor:
Whitehurst, Sullivan, Burns & Blair Funeral Home has been serving the needs of Fresno for more than 87
years. We have recently submitted an application with the City to build a new funeral home on the
northeast corner of E. Nees Avenue and North Bond. Our commitment has always been to provide
impeccable service to our families, and we are excited to be moving forward serving Fresno out of a new
modern facility.
As your future neighbor, we would like to introduce ourselves and share our plans for the future. At the
meeting, a large scale rendering of our beautiful new facility will be available for your review. We look
forward to meeting you and answering any questions you may have.
If you have any questions or are unable to attend the meeting, please contact Dann Narveson at
(713)525-7380.
Thank you,
Donald E. Cardell, Location Manager Dann C. Narveson, Director Real Estate
Whitehurst, Sullivan, Burns & Blair SCI Shared Resources, LLC
Funeral Home
NEIGHBORHOOD MEET & GREET
WEDNESDAY, SEPTEMBER 12, 2018
Name Address E-mail Phone Number
Alex Flores 5522 W. Wathen, Fresno, CA 559-275-8379
Greg Warmerdam 833 E. El Paso, Fresno, CA 559-304-9657
Eric Charlson 1518 W. Magill Ave., Fresno, CA 93711 559-288-9243
Jeanie Cox 903 E. Green Acres Dr., Fresno, CA 93720
Roxan Schwab roxan.schwab@dignitymemorial.com
Pam Williams 381 E. Nees Ave. #110, Fresno, CA 93720 559-435-0303
Jose Rodriguez 119 E. Hampton Way, Fresno, CA
Craig Brueckner 11392 N. Via Montessori, Fresno, CA 93730 559-304-3189
Lyndel James 1822 W. Magill Ave., Fresno, CA 93730
Ricky Caperton City of Fresno 559-621-8058
Sandra Renberg 6629 N. Brooks Ave., Fresno, CA 93711
Rigoberto 8039 N. 5th St., Fresno, CA 93720 559-708-0277
Lynn Morrisseau 1818 E. Fir Ave., #105, Fresno, CA 93720 559-260-0355
Darla Armo 739 E. Omaha darlaarmo@sbcglobal.net 559-408-6646
Keran 880 E. Omaha
Jeff Cazaly 735 N. alluvial #104 jeff@jcazalyconsulting.com 559-696-6515
Kathy Milne 3380 W. Oswego kjmilne58@gmail.com
Dora Arreguin 180 N. Yosemite Ave 559-375-5699
Chris Gray 2615 E. Spice Way, Fresno, CA 93720 559-970-0388
David Adame 2374 Scott Ave., Clovis, CA 93611 559-287-3354
J. Stagel 8165 Sixth St., Fresno, CA
Felipe Fernandez 8061 N. 5th St. 559-432-2190
Angela Espinoza 7224 N. Antioch, Fresno, CA 93722
3 attendees choose not to sign
Councilmember Garry Bredefeld would like
to hear your feedback on an important issue
regarding the proposed Whitehurst Funeral Home
located at Bond and Nees Avenues before it is
voted on by the Fresno City Council
Please join us on Tuesday, November 6, 2018
from 6:00-7:00pm at
New Covenant Community Church
(Student Ministry Building)
1744 E. Nees Avenue
For questions please call 621-7865 or
email us at District6@fresno.gov
*The Fresno City Council will be voting on this issue November 8, 2018*
EXHIBIT L
Planning Commission Notice
CITY OF FRESNO
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
NOTICE OF PUBLIC HEARING
PLAN AMENDMENT APPLICATION NO. A-17-009, REZONE APPLICATION NO. R-17-013,
CONDITIONAL USE PERMIT APPLICATION NO. C-17-101, AND ENVIRONMENTAL
ASSESSMENT NO. A-17-009/R-17-013/C-17-101
NOTICE IS HEREBY GIVEN that the Fresno Planning Commission, in accordance with Sections
65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the
procedures of Article 50, Chapter 15 of the Fresno Municipal Code (FMC), will conduct a public
hearing to consider Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013,
and Conditional Use Permit Application No. C-17-101 and related environmental finding. These
applications have been filed by Gary Giannetta on behalf of Russ Nakata, and pertain to
approximately 2.5 acres of property located on the northeast corner of East Nees Avenue and North
Bond Street, a portion of a 22.81-acre parcel (APN: 402-220-66).
At this hearing, the following will be considered:
1. Environmental Assessment No. A-17-009/R-17-013/C-17-101 recommends that a Mitigated
Negative Declaration be adopted for the above Plan Amendment, Rezone, and Conditional Use
Permit dated June 19, 2018 for purposes of the proposed project.
2. Plan Amendment Application No. A-17-009: Proposes to amend the Fresno General Plan
and Woodward Park Community Plan from the Commercial Recreation planned land use
designation to the Commercial Community planned land use designation.
3. Rezone Application No. R-17-013: Proposes to rezone the subject property from the
CRC/UGM/cz (Commercial Recreation/Urban Growth Management/conditions of zoning) zone
district to the CC/UGM/cz (Commercial Community/Urban Growth Management/conditions of
zoning) zone district.
4. Conditional Use Permit Application No. C-17-101: Proposes the construction of an
approximately 9,175 square foot funeral home to include a chapel with 190 seat capacity. No
crematory or body preparations are proposed as part of this use. The project also proposes site
improvements such as landscaping, and on-site parking for approximately 73 vehicles, in
addition to 28 proposed stacked parking spaces. The building would be a maximum of 28 feet
in height.
Any interested person may appear at the public hearing and present written testimony, or speak in
favor or against the project proposal. If you challenge the above applications in court, you may be
limited to raising only those issues, you, or someone els e, raised at the public hearings described in
this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the
public hearing.
NOTE: This public hearing notice is being sent to surrounding property owners pursuant to t he
requirements of Fresno Municipal Code Section 15-5007.
For additional information, contact Ricky Caperton, Development and Resource Management
Department, Development Services Division, City Hall, 2600 Fresno Street, Fresno, California 93721 -
3604, by telephone at (559) 621-8058, or via e-mail at Ricky.Caperton@fresno.gov. Si necesita
información en Español, comuníquese con McKencie Perez al teléfono (559) 621-8066.
Jennifer M. Clark, Secretary
Fresno City Planning Commission DATED: September 21, 2018
APN: 402-220-66
SEE MAP ON REVERSE SIDE
Development and Resource Management Department
2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026
FRESNO CITY PLANNING COMMISSION
Date: Wednesday, October 3, 2018
Time: 6:00 p.m., or thereafter
Place: City Hall Council Chamber, Second Floor
2600 Fresno Street, Fresno, CA 93721
R. Caperton
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
2600 FRESNO ST
FRESNO CA 93721-3604
Plan Amendment No. A-17-009, Rezone No. R-17-013, Conditional Use Permit No. C-17-101
EA No. A-17-009/R-17-013/C-17-101
836 E Nees Avenue
THIS IS A LEGAL NOTICE
VICINITY MAP
LEGEND
SUBJECT PROPERTY
(Approximate limits)
E Nees Ave N Bond St N First St E Niles Ave
Public Comments
1
Ricky Caperton
From:Scott Dean <deeng@comcast.net>
Sent:Monday, September 24, 2018 3:59 PM
To:Ricky Caperton
Subject:Notice of public hearing
Follow Up Flag:Follow up
Flag Status:Flagged
Dear Mr, Caperton,
My wife and I will be unable to attend the hearing on October 3rd. We would like to express our opposition to the
location of a funeral home at Nees and Bond streets. We feel that this is not the proper location and that it doesn't fit
the existing neighborhood.
Thank you for your consideration.
Scott and Linda Dean
404 E. Lester Ave
Fresno, CA. 93720
559‐434‐9540
1
Ricky Caperton
From:Kathy Wood <kwoodmclaughlin@gmail.com>
Sent:Wednesday, October 17, 2018 5:36 PM
To:Ricky Caperton
Cc:Garry Bredefeld; tom; Kathy Wood McLaughlin
Subject:Comments re: Funeral Home @ Nees between 5th Street and Bond
HI Ricky,
I spoke with you via phone on October 3, 2018 just before the Fresno City Planning Commission
meeting regarding the Funeral Home and issues with traffic. My husband Tom and I are on record
related to the Arco gas station. Unfortunately, we were unable to attend the October 3 hearing. We
hope by reiterating our comments in writing, we can assist the City of Fresno with developing a well
planned project with the owners of the proposed Whitehurst, Sullivan, Burns & Blair Funeral Home
that will meet the needs of the of the neighbors, as well.
Our issue is traffic flow and congestion on Nees Avenue. We are against ANY additional "driveways"
onto Nees Avenue from the subject property. Due to the back up at the traffic light on Bond with the
addition of the Arco gas station, it has become not only difficult, but perilous to turn right on Nees
Avenue from our neighborhood via southbound 5th Street.
There is a proposed driveway for the funeral home immediately west of 5th Street. This is
unacceptable due to the speed of westbound traffic on Nees and the congestion. There have been
been numerous accidents along this stretch of road. This is also the transition zone for drivers moving
into the left lane to either turn into the US Post Office or for residents of 5th and 6th Streets to make
the U-turn to go eastbound on Nees Avenue.
As you mentioned during our telephone conversation, Nees Avenue is a arterial and is suppose to be
designed to move traffic. The posted speed limit, on westbound Nees, approaching Millbrook is 45
mph. It is reduced to 40 mph after Millbrook into the area of our concern. However, many drivers do
not slow down. Given the amount of traffic and speed, it is difficult to understand the City's
consideration of another driveway on to an arterial such as Nees.
Our solution: Eliminate the proposed driveway for egress/ingress directly to Nees Avenue. All traffic
from the funeral home should then be directed out to Bond to use the traffic signal or the road behind
the gas station that was "promised" with the approval of the gas station project. Please note, that
road has not been properly constructed. There is gravel extending Bond northward to join a swath of
gravel behind the gas station over to the paved parking lot at Walgreen's on 1st Street. Currently,
parking for the "Pumpkin Patch" blocks this gravel "road" and renders it impassable. Completing the
road from Bond to First Street as promised, should alleviate some of the congestion on Nees.
We look forward to your consideration of our concerns regarding traffic on Nees Avenue. Please
keep us apprised of updates in the planning process.
Kathy and Tom McLaughlin
824 E Omaha Avenue
Fresno, California 93720
2
--
Kathy Wood McLaughlin
559-360-0798
EXHIBIT L
District 6 Project Review Committee
EXHIBIT M
Planning Commission Resolution Nos. 13546, 13547, and 13548
EXHIBIT N
Fresno Municipal Code Findings
PLAN AMENDMENT AND REZONE FINDINGS
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5812
A. The change is consistent with the General Plan (GP) goals and policies, any operative plan, or
adopted policy; and,
Finding A: As outlined in “Land Use Plans and Policies” of the staff report, the application is
consistent with the Fresno General Plan and the Woodward Park Community Plan goals
and policies.
B. The change is consistent with the purpose of the Development Code to promote the growth of the
city in an orderly and sustainable manner, and to promote and protect the public health, safety,
peace, comfort, and general welfare; and,
Finding B: The proposed project is consistent with the purpose of the Development Code to
promote growth in an orderly and sustainable manner, support infill development, and to
promote and protect the public health, safety, peace, comfort, and general welfare.
C. The change is necessary to achieve the balance of land uses desired by the City and to provide
sites for needed housing or employment-generating uses, consistent with the GP, any applicable
operative plan, or adopted policy, and to increase the inventory of la nd within a zoning district to
meet market demand.
Finding C: The change in land use will achieve a balance of land uses desired by the City to
provide infill development, a mix of commercial uses, and economic development
consistent with Fresno General Plan.
CONDITIONAL USE PERMIT FINDINGS
FINDINGS PER FRESNO MUNICIPAL CODE SECTION 15-5306
The Director or Planning Commission may only approve a Conditional Use Permit application if it finds
that the application is consistent with the purposes of this article and with the following.
A. The proposed use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Code and all other chapters of the Municipal Code;
Finding A: Conditional Use Permit Application No. C-17-101 will comply with all applicable codes,
including landscaping, walls, etc., given that the special conditions of project approval will
ensure that all conditions are met. The proposed project will be consistent with the
proposed planed land use designation and zoning classification.
B. The proposed use is consistent with the General Plan and any other applicable plan and design
guideline the City has adopted;
Finding B: The proposed development is consistent with the proposed Fresno General Plan and
Woodward Park Community Plan, as well as the CC/UGM/cz zone district.
C. The proposed use will not be substantially adverse to the public health, safety, or general welfare
of the community, nor be detrimental to surrounding properties or improvements;
Finding C: The proposed use will not be substantially adverse to the public health, safety, or general
welfare of the community, nor be detrimental to surrounding properties or improvements .
The project proposes a design consistent with the character of the area and would result
in less traffic trips than the existing planned land use designation.
D. The design, location, size, and operating characteristics of the proposed activity are compatible
with the existing and reasonably foreseeable future land uses in the vicinity; and
Finding D: The design, location, size, and operation characteristic of the prop osed activity are
compatible with the existing surrounding land uses. The overall parcel has planned use
designations that would support a variety of commercial related uses.
E. The site is physically suitable for the type, density, and intensity of use being proposed, including
access, emergency access, utilities, and services required.
Finding E: Conditional Use Permit Application No. C-17-101 will comply with all applicable codes,
including landscaping, walls, etc., given that the special conditions of project approval will
ensure that all conditions are met. The proposed project will be consistent with the
proposed planed land use designation and zoning classification.
EXHIBIT O
Environmental Assessment
CITY OF FRESNO – ENVIRONMENTAL ASSESSMENT
NEGATIVE DECLARATION
The project described below is not exempt from the California
Environmental Quality Act (CEQA); however it will not have a significant
effect on the environment and is prepared in accordance with Sections
15070 to 15075 of the CEQA Guidelines.
DATE RECEIVED FOR
FILING:
Filed with the Fresno
County Clerk’s office on
June 19, 2018
Applicant:
Gary Gianetta (Applicant)
Russ Nakata (Property Owner)
Sequoia II, LLC and Sequoia Joint
Venture
4747 North First Street, #128
Fresno, CA 93726
Initial Study Prepared By:
Ricky Caperton, Planner III
June 19, 2018
Environmental Assessment Number:
EA No. A-17-009/R-17-013/C-17-101
Project Location (including APN):
836 East Nees Avenue; located on the northeast corner of
East Nees Avenue and North Bond Street in the city and
county of Fresno (APN: portion of 402-220-66)
Site Latitude: 36º51’07.04” N & Site Longitude:
119º46’10.61” W
Mount Diablo Base & Meridian, Township 12S, Range
20E, Section 27
Project Description:
Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and Conditional
Use Permit Application No. C-17-101 were filed by Gary Giannetta, on behalf of Russ Nakata, and
pertains to approximately 2.5 acres of property located on the northeast corner of East Nees Avenue
and North Bond Street. The 2.5 acres is a portion of a 22.81 acre site, refer to Exhibit B for loc ation.
Plan Amendment Application No. A-17-009 proposes to amend the Fresno General Plan and the
Woodward Park Community Plan to re-designate the subject property from Commercial-Recreation
to Commercial-Community.
Rezone Application No. R-17-013 proposes to amend the Official Zone Map to reclassify the
subject property from CRC (Commercial-Recreation) to CC (Commercial-Community) zone district.
Conditional Use Permit Application No. C-17-101 proposes the construction of an approximately
9,175 square foot funeral home to include a chapel with 190 seat capacity. No crematory is
proposed as part of this use. The project also proposes site improvements such as landscaping,
and on-site parking for approximately 73 vehicles, in addition to 36 propose d stacked parking
spaces. The building would be a maximum of 28’ in height. There is no on -site crematory proposed
as part of the project.
Negative Declaration
Environmental Assessment No. A-17-009/R-17-013/C-17-101
June 19, 2018
Page 2 of 2
The Development and Resource Management Department staff has prepared an Initial Study (See
Attached “Appendix G/Initial Study for a Negative Declaration”) 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 Development and Resource Management 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 the
MEIR was certified as complete, has become available. Moreover, as lead agency for this project,
the Development and Resource Management 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.
Public notice has been provided regarding staff’s finding in the manner prescribed by Section 15072
of the CEQA Guidelines and by Section 21092 of the California Public Resources Code (CEQA
provisions).
June 19, 2018
McKencie Perez, Supervising Planner Date
City of Fresno
Attachments: Exhibit A: Notice of Intent to Adopt a Negative Declaration
Exhibit B: Vicinity Map
Exhibit C: Initial Study Checklist (CEQA Appendix G)
Exhibit D: MEIR No. SCH No. 2012111015 General Plan Mitigation Monitoring
Checklist
Exhibit A:
Notice of Intent
CITY OF FRESNO
NOTICE OF INTENT TO ADOPT A
NEGATIVE DECLARATION
Filed with:
FRESNO COUNTY CLERK
2220 Tulare Street, Fresno, CA 93721
PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT
NO. A-17-009/R-17-013/C-17-101
APPLICANT:
Gary Gianetta (Applicant)
Russ Nakata (Property Owner)
Sequoia II, LLC and Sequoia Joint Venture
4747 North First Street, #128
Fresno, CA 93726
PROJECT LOCATION:
836 East Nees Avenue; located on the northeast corner of
East Nees Avenue and North Bond Street in the city and
county of Fresno (APN: portion of 402-220-66)
Site Latitude: 36º51’07.04” N & Site Longitude:
119º46’10.61” W
Mount Diablo Base & Meridian, Township 12S, Range 20E,
Section 27
PROJECT DESCRIPTION:
Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and Conditional
Use Permit Application No. C-17-101 were filed by Gary Giannetta, on behalf of Russ Nakata, and
pertains to approximately 2.5 acres of property located on the northeast corner of East Nees Avenue
and North Bond Street. The 2.5 acres is a portion of a 22.81 acre site, refer to Exhibit B for loc ation.
Plan Amendment Application No. A-17-009 proposes to amend the Fresno General Plan and the
Woodward Park Community Plan to re-designate the subject property from Commercial-Recreation to
Commercial-Community.
Rezone Application No. R-17-013 proposes to amend the Official Zone Map to reclassify the subject
property from CRC (Commercial-Recreation) to CC (Commercial-Community) zone district.
Conditional Use Permit Application No. C-17-101 proposes the construction of an approximately
9,175 square foot funeral home to include a chapel with 190 seat capacity. No crematory is proposed
as part of this use. The project also proposes site improvements such as landscaping, and on -site
parking for approximately 73 vehicles, in addition to 36 proposed stacked parking spaces. The
building would be a maximum of 28’ in height. There is no on -site crematory proposed as part of the
project.
The City of Fresno has conducted an initial study of the above-described project and it has been
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. Therefore, the Development and Resource Management Department
proposes to adopt a Negative Declaration for this project.
With mitigation imposed under the MEIR, there is no substantial evidence in the record that this
project may have additional signif icant, direct, indirect or cumulative effects on the environment that
are significant and that were not identified and analyzed in the MEIR. The Development and
Resource Management 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 the MEIR was
certified as complete has become available. The project is not site specific and the proposed project
will not impact any site enumerated under Section 65962.5 of the Government Code including, but
not limited to, lists of hazardous waste facilities, land designated as hazardous waste property,
hazardous waste disposal sites and others, and the information in the Hazardous Waste and
Substances Statement required under subdivision (f) of that Section .
Additional information on the proposed project, including the MEIR, proposed environmental finding
and the initial study may be obtained from the Development and Resource Management Department,
Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721 3604. Please contact Ricky
Caperton, Planner III, at (559) 621-8058 or via email at Ricky.Caperton@fresno.gov for more
information.
ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments
must be in writing and must state (1) the commentor’s name and address; (2) the commentor’s
interest in, or relationship to, the project; (3) the environmental determination being commented
upon; and (4) the specific reason(s) why the proposed environmental determination should or should
not be made. Any comments may be submitted at any time between the publicat ion date of this
notice and close of business on July 9, 2018. Please direct comments to Ricky Caperton, Planner III,
City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street,
Room 3043, Fresno, California, 93721-3604; or by email to Ricky.Caperton@fresno.gov.
INITIAL STUDY PREPARED BY:
Ricky Caperton, Planner III
SUBMITTED BY:
DATE: June 19, 2018
McKencie Perez, Supervising Planner
CITY OF FRESNO DEVELOPMENT
AND RESOURCE MANAGEMENT
DEPARTMENT
Exhibit B:
Vicinity Map
= Approximate limits of proposed project
N
Exhibit C:
Initial Study Checklist
(CEQA Appendix G)
-1-
APPENDIX G - INITIAL STUDY FOR A NEGATIVE DECLARATION
Environmental Checklist for
EA No. A-17-009/R-17-013/C-17-101
1.
Project Title:
Plan Amendment Application No. A-17-009
Rezone Application No. R-17-013
Conditional Use Permit Application No. C-17-101
2.
Lead agency name and address:
City of Fresno
Development and Resource Management Department
2600 Fresno Street
Fresno, CA 93721
3.
Contact person and phone number:
Ricky Caperton, Planner III
City of Fresno
Development & Resource Management Department
(559) 621-8058
Ricky.Caperton@fresno.gov
4. Project location:
836 East Nees Avenue; located on the northeast corner of East Nees Avenue and North
Bond Street
Fresno
APN: portion of 402-220-66
5. Project sponsor's name and address:
Gary Giannetta, on behalf of
Russ Nakata
Sequoia II, LLC and Sequoia-Fresno Joint Venture
4747 North First Street, #128
Fresno, CA 93726
6. General Plan Designation:
Existing: Commercial-Recreation
Proposed: Commercial-Community
Zoning:
Existing: CRC (Commercial-Recreation)
Proposed: CC (Commercial-Community).
-2-
8. Description of project:
Plan Amendment Application No. A-17-009, Rezone Application No. R-17-013, and
Conditional Use Permit Application No. C-17-101 were filed by Gary Giannetta, on
behalf of Russ Nakata, and pertains to approximately 2.5 acres of property located on
the northeast corner of East Nees Avenue and North Bond Street. The 2.5 acres is a
portion of a 22.81 acre site, refer to Exhibit B for location.
Plan Amendment Application No. A-17-009 proposes to amend the Fresno General
Plan and the Woodward Park Community Plan to re-designate the subject property from
Commercial-Recreation to Commercial-Community.
Rezone Application No. R-17-013 proposes to amend the Official Zone Map to
reclassify the subject property from CRC (Commercial-Recreation) to CC (Commercial-
Community) zone district.
Conditional Use Permit Application No. C-17-101 proposes the construction of an
approximately 9,175 square foot funeral home to include a chapel with 190 seat capacity.
No crematory is proposed as part of this use. The project also proposes site
improvements such as landscaping, and on -site parking for approximately 73 vehicles, in
addition to 36 proposed stacked parking spaces. The building would be a max imum of
28’ in height. There is no on-site crematory proposed as part of the project.
9.
Surrounding Land Uses and Setting:
Planned Land Use Existing Zoning Existing Land Use
North Medium-Low
Density Residential
RS-4/UGM
(Residential Single-Family,
Medium Low Density/Urban
Growth Management)
Single Family
Residential
& Vacant Lot
East Medium-Low
Density Residential
RS-4/UGM
(Residential Single-Family,
Medium Low Density/Urban
Growth Management)
Single Family
Residential
-3-
South
Medium-Low
Density Residential
&
Public Facilities
RS-4/UGM
(Residential Single-Family,
Medium Low Density/Urban
Growth Management)
&
PI/UGM
(Public and Institutional/Urban
Growth Management)
Single Family
Residential and Fire
Station
West Commercial
Community
CC/UGM/cz
(Commercial-Community/Urban
Growth
Management/Conditions of
Zoning)
Service Station
10.
Other Public Agencies Whose Approval Is Required:
The proposed project may require approvals from the agencies and/or departments listed
below, and others that may not be listed, as necessary:
Development and Resource Management Department;
Building & Safety Services Division;
Department of Public Works;
Department of Public Utilities;
County of Fresno, Department of Public Health;
City of Fresno Fire Department;
Fresno Metropolitan Flood Control District;
San Joaquin Valley Air Pollution Control District; and
Fresno Irrigation 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?
On December 29, 2017, pursuant to Senate Bill 18 (SB 18), Native American tribes
traditionally and culturally affiliated with the project area were invited to consult regarding
the project based on a list of contacts provided by the Native American Heritage
Commission (NAHC). In addition, and pursuant to Assembly Bill 52 (AB 52), the Table
Mountain Rancheria Tribe and the Dumna Wo W ah were invited to consult under AB 52 in
December 2017. Under invitations to consult both under SB 18 and AB 52, no tribes
elected to consult on the proposed project.
-4-
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Pursuant to PRC Section 21157.1(b) and CEQA Guidelines 15177(b)(2), the purpose of this
Initial Study is to analyze whether the subsequent project was described in the Master
Environmental Impact Report (MEIR) State Clearinghouse (SCH) No. 2012111015 and
whether the subsequent project may cause any additional significant effect on the
environment, which was not previously examined in MEIR SCH No. 2012111015 adopted for
the Fresno General Plan.
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" as indicated by the
checklist on the following pages.
Aesthetics
Agriculture and Forestry
Resources
Air Quality
Biological Resources
Cultural Resources
Geology /Soils
Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology/Water
Quality
Land Use/Planning
Mineral Resources
Noise
Population /Housing
Public Services
Recreation
Transportation/Traffic
Tribal Cultural
Resources
Utilities/Service
Systems
Mandatory Findings
of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
_X_
I find that the proposed project could not have a significant effect on the
environment. A NEGATIVE DECLARATION will be prepared.
___
I find that the proposed project is a subsequent project identified in the MEIR
and that it is fully within the scope of the MEIR because it would have no
additional significant effects that were not examined in the MEIR such that no
new additional mitigation measures or alternatives may be required. All
applicable mitigation measures contained in the Mitigation Measure Monitoring
Checklist shall be imposed upon the proposed project. A FINDING OF
-5-
CONFORMITY will be prepared.
___
I find that the proposed project is a subsequent project identified in the MEIR
but that it is not fully within the scope of the MEIR because the proposed
project could have a significant effect on the environment that was not
examined in the MEIR. However, there will not be a significant effect in this
case because revisions in the project have been made by or agreed to by the
project proponent. The project specific mitigation measures and all applicable
mitigation measures contained in the MEIR Mitigatio n Measure Monitoring
Checklist will be imposed upon the proposed project. A MITIGATED
NEGATIVE DECLARATION will be prepared.
___
I find that the proposed project is a subsequent project identified in the MEIR
but that it MAY have a significant effect on the environment that was not
examined in the MEIR, and an ENVIRONMENTAL IMPACT REPORT is
required to analyze the potentially significant effects not examined in the MEIR
pursuant to Public Resources Code Section 21157.1(d) and CEQA Guidelines
15178(a).
Ricky Caperton, Planner III
June 19, 2018
Date
EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE
MEIR:
1. For purposes of this MEIR 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
-6-
related to the threshold under consideration that was not p reviously 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 proj ect-
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 Significa nt 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. A "Finding of Conformity" is a determinatio n based on an initial study that the proposed
project is a subsequent project identified in the MEIR and that it is fully within the scope of
the MEIR because it would have no additional significant effects that were not examined in
the MEIR.
6. "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 mitiga tion
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).
7. 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.
-7-
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.
8. 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.
9. Supporting Information Sources: A source list should be attached, and other sources used
or individuals contacted should be cited in the discussion.
10. 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.
11. The explanation of each issue should identify:
a. The significance criteria or threshold, if any, used to evaluate eac h 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 -- 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 outcroppings, and historic
buildings within a state scenic highway?
X
c) Substantially degrade the existing
visual character or quality of the site and
its surroundings?
X
-8-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the area?
X
The subject property is surrounded by single family residences and vacant land to the north;
single family residences to the east; a fire station and single family residences to the south;
and commercial uses to the west. Currently, the subject property is undeveloped. 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. The proposed project complies with existing
development 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. The project also includes
landscaping which provides screening between the project and adjacent land uses, as well as
provides shading and aesthetic enhancements to the overall site.
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 parking area and
public streets 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 t he
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 pr operties.
Further, Mitigation Measure (MM) AES-1 and MM AES-3 require 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 a less than significant impact on aesthetics.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in any
aesthetic impacts beyond those analyzed in MEIR SCH No. 2012111015.
-9-
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. --
Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring 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
-10-
The subject site is designated as “Urban and Built-Up Land” on the 2014 Rural Mapping
Edition: Fresno County Important Farmland Map. 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. T hus
the proposed project has no impact on prime farmland, farmland of statewide importance, or
unique farmland.
Because the subject site is infill and surrounded by other urban development, t he subject site
and property adjacent to the subject site are not under a Williamson Act contract. Therefore,
the proposed project on the subject site 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
-11-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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
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 topogra phy 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 t o 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
-12-
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 flo ws 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 w inds (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 p ersistent
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.
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 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 may 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 subject project proposes a Plan Amendment, Rezone, and Conditional Use Permit to
allow for an approximately 9,175 square-foot funeral home, off-site, and on-site improvements
(i.e. landscape, surface parking lot, and curb, gutter, and sidewalk) on land that is planned for
-13-
commercial development in the Fresno General Plan. Although the project involves a Plan
Amendment and Rezone, they amendment and rezone are from one commercial designation
and zoning to another commercial designation and zoning. Thus, the potential environ mental
impacts related to air-quality would be similar to those analyzed in the MEIR.
In addition, the SJVAPCD provided a letter on June 12, 2018 stating the project would have a
less-than-significant impact on air quality when compared to annual criteria emissions
significance thresholds, and that the project would be subject to District Rule 9510 which is
intended to mitigate a project’s impact on air quality through project design elements or by
payment of off-site mitigation fees.
Further, 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 fe deral or state
ambient air quality standard (including releasing emissions that exceed quantitative thresholds
for ozone precursors). The proposed funeral home will also generate fewer vehicle trips, and
therefore fewer air emissions, than what other typic al commercial developments would
generate given the typical day-to-day operations only consist of a limited staff and similar to a
small office use.
The proposed project will comply with all applicable air quality plans; therefore the project will
not conflict with or obstruct an applicable air quality plan. The project must comply with the
construction and development requirements of the SJVAPCD, therefore, no violations of air
quality standards will occur. Development of the subject property will not e xpose 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 proposed project will be subject to District Rule 9510 (Indirect Source Review). District
Rule 9510 was adopted to reduce the impact of NOX and provide emission reductions needed
by the SJVAPCD to demonstrate attainment of the federal PM10 standard and contributed
reductions that assist in attaining federal ozone standards. Rule 9510 also contributes toward
attainment of state standards for these pollutants. Compliance with SJVAPCD Rule 9510
reduces the emissions impacts through incorporation of onsite measures as well as payment
of an offsite fee that funds emission reduction projects in the Air Basin.
All development projects that involve soil distu rbance are subject to at least one provision of
the SJVAPCD Regulation VIII, Fugitive Dust Rules, related to the control of dust and fine
particulate matter. The District’s Regulation VIII – Fugitive PM10 prohibitions requires controls
for sources of particulate matter necessary for attaining the federal PM10 standards and
achieving progress toward attaining the state PM10 Standards. 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.
-14-
The proposed project may be subject to Rule 4102, 4602, 4601 and 4641. This is determined
by the SJVAPCD.
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
-15-
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 with the
exception of one tree. 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 a nd
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 no existing mature trees or other vegetation 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.
Finally, 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
-16-
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 '15064.5?
X
b) Cause a substantial adverse change
in the significance of an archaeological
resource pursuant to '15064.5?
X
c) Directly or indirectly destroy a unique
paleontological resource or site or
unique geologic feature?
X
d) Disturb any human remains, including
those interred outside of formal
cemeteries?
X
Pursuant to Senate Bill 18 (SB 18), the City contacted the Native American Heritage
Commission (NAHC) for a list of tribes traditionally or culturally affiliated with the project area.
Invitations to consult on the proposed project were mailed on December 29, 2017 to the list of
tribes provided by the NAHC. During the required 90-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 resou rces 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.
-17-
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.
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
VI. GEOLOGY AND SOILS -- Would the
project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or death
involving:
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
-18-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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
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
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 ea rthquake 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 a re 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
-19-
known to exist in the City. Despite long-term overdrafting 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 all uvial
sand and gravel layers).
This project is located in the north central portion of Fresno, within the Woodward Park
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. Developme nt of the property requires compliance
with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood
Control District Standards.
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
VII. 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
Greenhouse gas (GHG) emissions and global climate change represent cumulative impacts.
GHG emissions cumulatively contribute to the significant adverse environmental impacts of
global climate change. No single project could generate enough GHG emissions to noticeably
change the global average temperature; instead, the combination of GHG emissions from past,
present, and future projects have contributed and will contribute to global climate change and
its associated environmental impacts.
Significant changes in global climate patterns have recently been associated with global
warming, an average increase in the temperature of the atmosphere near the Earth’s surface,
attributed to accumulation of GHG emissions in the atmosphere. Greenhouse gases trap heat
in the atmosphere, which in turn heats the surface of the Earth. Some GHGs occur naturally
-20-
and are emitted to the atmosphere through natural processes, while others are created and
emitted solely through human activities. The emission of GHGs through the combustion of
fossil fuels (i.e., fuels containing carbon) in conjunction with other human activities appears to
be closely associated with global warming.
State law defines GHGs to include the following: carbon dioxide (CO2), methane (CH4),
nitrous oxide (N2O), hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride (SF6)
[Health and Safety Code, section 38505(g)]. The most common GHG that results from human
activity is carbon dioxide, followed by methane and nitrous oxide.
CEQA requires public agencies to identify the potentially significant effects on the environment
of projects they intend to carry out or approve, and to mitigate significant effects whenever it is
feasible to do so.
The proposed project will not occur at a scale or scope with potential to cont ribute substantially
or cumulatively to the generation of GHG emissions, either directly or indirectly. The General
Plan and MEIR rely upon a Greenhouse Gas Reduction Plan that provides a comprehensive
assessment of the benefits of city policies and proposed code changes, existing plans,
programs, and initiatives that reduce greenhouse gas emissions. The plan demonstrates that
even though there is increased growth, the City would still be reducing GHG emissions through
2020 and per capita emission rates drop substantially. The benefits of adopted regulations
become flat in later years and growth starts to exceed the reductions from all regulations and
measures. Although it is highly likely that regulations will be updated to provide additional
reductions, none are reflected in the analysis since only the effect of adopted regulations is
included.
In conclusion, the proposed project will not result in any greenhouse gas emission
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. HAZARDS AND HAZARDOUS
MATERIAL -- Would the project:
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
X
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ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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
f) For a project within the vicinity of a
private airstrip, would the project result
in a safety hazard for people residing or
working in the project area?
X
g) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X
-22-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
h) Expose people or structures to a
significant risk of loss, injury or death
involving wildland fires, including where
wildlands are adjacent to urbanized
areas or where residences are
intermixed with wildlands?
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 ma terials 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.
In conclusion, the project will not result in any hazards and hazardous material impacts beyond
those analyzed in MEIR SCH No. 2012111015.
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IX. HYDROLOGY AND WATER
QUALITY -- Would the project:
a) Violate any water quality standards or
waste discharge requirements? X
-23-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Substantially deplete groundwater
supplies or interfere substantially with
groundwater recharge such that there
would be a net deficit in aquifer volume
or a lowering of the local groundwater
table level (e.g., the production rate of
pre-existing nearby wells would drop to a
level which would not support existing
land uses or planned uses for which
permits have been granted)?
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, in a manner
which would result in substantial erosion
or siltation on- or off-site?
X
d) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river, or
substantially increase the rate or amount
of surface runoff in a manner which
would result in flooding on- or off-site?
X
e) Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff?
X
f) Otherwise substantially degrade water
quality? X
g) Place housing within a 100-year flood
hazard area as mapped on a federal
Flood Hazard Boundary or Flood
Insurance Rate Map or other flood
hazard delineation map?
X
-24-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
h) Place within a 100-year flood hazard
area structures which would impede or
redirect flood flows?
X
i) Expose people or structures to a
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
X
j) Inundation by seiche, tsunami, or
mudflow? 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 40 miles from Pine
Flat Lake, 18 miles from Millerton Lake and 10 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 mitig ate
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 (UW MP). 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
-25-
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.
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 increase d
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
-26-
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 c onservation 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 applicant will be required to comply with all requirements of the City of Fresno Department
of Public Utilities that will reduce the project’s water impacts to less than significant. When
development permits are issued, the subject site will be required to pay drainage fees pursuant
to the Drainage Fee Ordinance. The Fresno Metropolitan Flood Control District (FMFCD) has
stated that the FMFCD system can accommodate the proposed request subject to several
conditions of approval.
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.
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
X. LAND USE AND PLANNING - Would
the project:
a) Physically divide an established
community? X
-27-
b) Conflict with any applicable land use
plan, policy, or regulation of an agency
with jurisdiction over the project
(including, but not limited to the general
plan, specific plan, local coastal
program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating
an environmental effect?
X
c) Conflict with any applicable habitat
conservation plan or natural community
conservation plan?
X
The approximately 2.5 acres of the subject property is proposed to be redesignated from the
Commercial Recreation planned land use to the Commercial Community planned land use.
The subject property will be reclassified from the CRC (Comercial-Recreation) zone district to
the CC (Commercial-Community) zone district. The proposed zone district is consistent with
the proposed planned land use designation. The proposed project would not physically divide
an established community given that its location is currently surrounded by existing
development to the north, east, south, and west. The project would actually provide greater
connectivity between the site and the surrounding area by adding frontage improvements
along East Nees Avenue and North Bond Street where these improvements are currently
lacking.
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
XI. 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
-28-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 site is not
delineated on a local general plan, specific plan or other land use plan as a locally-important
mineral resource recovery site; therefore it will not result in the loss of availability of a locally -
important mineral resource.
In conclusion, the proposed project would not result in any mineral resource environmental
impacts beyond those analyzed in MEIR SCH No. 2012111015 .
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XII. NOISE -- Would the project result in:
a) Exposure of persons to or generation
of noise levels in excess of standards
established in the local general plan or
noise ordinance, or applicable standards
of other agencies?
X
b) Exposure of persons to or generation
of excessive groundborne vibration or
groundborne noise levels?
X
c) A substantial permanent increase in
ambient noise levels in the project
vicinity above levels existing without the
project?
X
-29-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) A substantial temporary or periodic
increase in ambient noise levels in the
project vicinity above levels existing
without the project?
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 expose people residing or
working in the project area to excessive
noise levels?
X
f) For a project within the vicinity of a
private airstrip, would the project expose
people residing or working in the project
area to excessive noise levels?
X
Generally, the three primary sources of substantial noise that affect the City of Fresno and its
residents are 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.
Potential noise sources at the subject property would be roadway noise from the major street
(East Nees Avenue) near the subject property. Further, most activity during operation of the
funeral home would occur during normal daytime hours, with an occasional service in the
evening. With the exception of guests a rriving and departing, most of the activities associated
with services would occur indoors, and therefore would have minimal noise impacts to the
surrounding area. During times where there are no services, a small staff would be present on -
site conducting office and administrative tasks, mostly indoors, which would not be of the type
or intensity to result in a noise-related nuisance.
Further, the project would incorporate landscape, such as trees and shrubs, along the
perimeter of the property, specifically along the eastern property line, to further buffer any
potential for noise. The landscape would be in addition to a solid screening wall that would also
be required as part of the project along the eastern property line. Lastly, the site was designed
in a way to minimize noise by placing the building as far from the existing residential uses as
possible, and placing the stacked parking (for the funeral processions) at the westernmost
property line the furthest away from the existing residential uses. Therefore, the solid
-30-
screening wall, extensive landscape, placement of the building, and location of the stacked
parking would ensure minimal noise impacts to the existing environment.
Although there may be some temporary increases in ambient noise levels resulting from the
construction of the site, such increases in ambient noise would be temporary in nature.
Construction noise would be typical of a construction site, such as tractors, hammering, and
other construction related equipment, however, construct ion activities would only occur during
times consistent with the Fresno Municipal Code, typically during daytime hours during the
week, and possibly on some weekends. The project would not likely require any type of
equipment, such as pile-driving; therefore, vibration impacts would be minimal.
The immediate vicinity consists of primarily residential users to the north, and east; residential
and public facilities to the south; and commercial uses to the west, which have similar noise
level requirements during the day. 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, mitigation measures identified within the MEIR as well as the noise ordinance of th e
FMC.
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
XIII. POPULATION AND HOUSING --
Would the project:
a) Induce substantial 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 housing, necessitating the
construction of replacement housing
elsewhere?
X
c) Displace substantial numbers of
people, necessitating the construction of
replacement housing elsewhere?
X
-31-
The proposed project does consist of a housing component, and would be constructed on
vacant property. Therefore, the project would not result in substantial growth or population to
the area, and would not displace existing residents. Therefore, no impacts will result from the
proposed project.
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIV. PUBLIC SERVICES --
a) Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities,
the construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
Fire protection? X
Police protection? X
Drainage and flood control? X
Parks? X
Schools? X
Other public services? X
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 FMFC D. Various departments and agencies
have submitted conditions that will be required as conditions of approval for the proposed
project. All conditions of approval must be complied with prior to occupancy. Any urban
-32-
residential development occurring as a result of the proposed project will have an impact on
the school district’s student housing capacity. Therefore, the developer will pay appropriate
school fees at the time of building permits.
City police and fire protection services are also available to serve the proposed project. Fire
Station No. 13 is located just south of the project site on the southeast corner of East Nees
Avenue and North Bond Street. Therefore, the project site would be adequately served by
safety services due to its proximity to an existing fire station, and because it is an infill site
where safety services already service.
The project does not include a housing component, therefore, would not directly contribute to
population impacts to schools. Further, the project would not in crease the usage or otherwise
impact existing parks or recreational facilities. Although there would be a small staff for day-to-
day operations, impacts to existing parks as a result of the project would not occur to the
extent that it would create a significant impact.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in any
public service 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. RECREATION --
a) Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment?
X
The project has three parks within approximately a one -mile radius: Woodward Park to the
northwest, Keith Tice Park to the northeast, and Kaiser Park to the southwest. The demand
for these parks will not be increased by approval of the project. The proposed project will not
result in the physical deterioration of existing parks or recreational facilities given that it will not
include a housing component and will therefore not directly increase the population of the area.
Thus, the project will not result in the type of impacts that would require expansion of existing
-33-
recreational facilities or affect recreational services beyond what was analyzed in the MEIR
No. SCH No. 2012111015 for the Fresno General Plan.
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
XVI. TRANSPORTATION/TRAFFIC --
Would the project:
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance of the circulation system,
taking into account all modes of
transportation including mass transit and
non-motorized travel and relevant
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways,
pedestrian and bicycle paths and mass
transit?
X
b) Conflict with an applicable congestion
management program, including but not
limited to level of service standards and
travel demand measures or other
standards established by the county
congestion management agency for
designated roads or highways?
X
c) Result in a change in air traffic
patterns, including either an increase in
traffic levels or a change in location that
result in substantial safety risks?
X
d) Substantially increase hazards due to
a design feature (e.g., sharp curves or
dangerous intersections) or incompatible
uses (e.g., farm equipment)?
X
-34-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Result in inadequate emergency
access? X
f) Conflict with adopted policies, plans, or
programs regarding public transit,
bicycle, or pedestrian facilities, or
otherwise decrease the performance or
safety of such facilities?
X
The subject property is located on the northeast corner of North Bond Street on the East Nees
Avenue in the City of Fresno. In the Fresno General Plan Circulation Element, East Nees
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 Bond Street is designated as a local
street, which is designed to provide direct access to properties, 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 all necessary street frontage improvements
to City Standards, which may include roadways, curb, gutter, and sidewalks.
The subject site is located within Traffic Impact Zone III (TIZ -III). TIZ-III represents areas near
or outside the city limits but within the sphere of influence as of December 21, 2012 . A trip
generation analysis dated June 27 , 2017 was prepared by JLB Traffic Engineering, Inc. and
was submitted and reviewed by Public Works staff.
The Public Works Department/Traffic Engineering Division staff reviewed the trip generation
analysis and determined that the project will not adversely impact the existing and projected
circulation system as analyzed in the MEIR, and that because the project would generate less
than 100 peak hour trips, a Traffic Impact Study would not be required .
Applying the factors outlined in the Institute of Traffic Engineers Trip Generation Manual, the
proposed project would generate 532 average daily trips (ADT’s), 22 vehicle trips during the
morning peak hour travel period and 54 vehicle trips during the evening peak hour travel
period on a weekday. It is important to note that this is 742 less ADT’s, seven less morning
peak hour trips, and 57 less evening peak hour trips than the existing planned land uses.
Overall, due to the nature of the project, day-to-day operations during non-funeral times, there
would be minimal activity at the site other than a small staff coming to and from work, as well
as the occasional clients to arrange funeral details. The numbe r of funerals is anticipated to be
-35-
between four and seven per week, and would typically take place during the hours of 10 a.m.
and 3:30 p.m., with the exception of visitations (upon request of the family), which would occur
the evening before the procession. When visitations occur, they are usually between the hours
of 4:00 p.m. and 8:00 p.m. the evening prior to the funeral procession, and typically have fewer
than 50 people. During funeral processions, vehicles would depart the site from North Bond
Street and make their way to East Nees Avenue and on to the cemetery. Because funeral
processions are anticipated to occur usually between 10 a.m. and 3:30 p.m., most traffic
generated from the operations would occur after the AM peak hours and prior to the PM p eak
hours, thus minimizing traffic impacts during peak travel hours.
Therefore, the project is not anticipated to result in traffic impacts not already analyzed in the
Fresno General Plan. Thus, a less-than-significant would occur with regards to transportation
impacts.
In conclusion, the proposed project will not result in any transportation/traffic 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
-36-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
ii) A resource determined by the lead
agency, in its discretion and
supported by substantial evi-dence,
to be significant pursuant to criteria
set forth in subdivision (c) of PRC
section 5024.1. In applying the
criteria set forth in subdivision (c) of
PRC section 5024.1, the lead
agency shall consider the
significance of the resource to a
California Native American tribe.
X
Assembly Bill 52 (AB 52), which became law 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.
The Development and Resource Management Department extended an invitation to consult on
the CEQA review for the proposed project on November 20, 2017 and December 1, 2017 to
the Dumna Wo Wah Tribal Government and the Table Mountain Rancheria Tribe, respectively.
Both tribes declined consultation under AB 52. As described under the Cultural Resources
section, the site 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 both tribes declined AB 52 consultation and because existing cultural
resources protection laws exist that would require construction activities to cease if artifacts
are discovered, a less-than-significant would occur.
-37-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVIII. UTILITIES AND SERVICE
SYSTEMS -- Would the project:
a) Exceed wastewater treatment
requirements of the applicable Regional
Water Quality Control Board?
X
b) Require or result in the construction of
new water or wastewater treatment
facilities or expansion of existing
facilities, the construction of which could
cause significant environmental effects?
X
c) Require or result in the construction of
new storm water drainage facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects?
X
d) Have sufficient water supplies
available to serve the project from
existing entitlements and resources, or
are new or expanded entitlements
needed?
X
e) Result in a determination by the
wastewater 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
f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project’s solid waste disposal needs?
X
g) Comply with federal, state, and local
statutes and regulations related to solid
waste?
X
See Hydrology and Water Quality Section above for discussion about water utilities.
-38-
Utilities and service systems will be required prior to development of the subject property. The
proposed plan amendment and rezone is expected to result in the construction of new storm
water drainage facilities or expansion of existing facilities.
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 Uti lities 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 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.
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 servi ces and
convey runoff to Master Plan Facilities.
In conclusion, with MEIR mitigation measures incorporated, the project will not result in any
tribal cultural 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
XIX. MANDATORY FINDINGS OF
SIGNIFICANCE --
-39-
ENVIRONMENTAL ISSUES
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or endangered
plant or animal or eliminate important
examples of the major periods of
California history or prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the
incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)?
X
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
X
The proposed project is considered not to be a direct or indirect detriment to the quality of the
environment through reductions in habitat, populations, or examples of local history (through
either individual or cumulative impacts).
The proposed project does not have the potential to degrade the quality of the environment or
reduce the habitat of wildlife species and will not threaten plant communities or endanger any
floral or faunal species. Furthermore, the proposed project will have 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.
Exhibit D:
MEIR General Plan Mitigation Monitoring Checklist
MEIR Mitigation Measure Monitoring Checklist for EA No. A-17-009/R-17-013/C-17-101
June 19, 2018
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 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 miti gation
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 fixtu res shall also be
used to direct light away from adjacent light sensitive land uses
such as residences.
Verification comments:
Prior to issuance
of building
permits
Public Works
Department
(PW) and
Development &
Resource
Management
Dept. (DARM)
X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
Aesthetics (continued):
AES-2: Lighting systems for public facilities such as active
play areas shall provide adequate illumination for the activity;
however, low intensity light fixtures and shields shall be used
to minimize spillover light onto adjacent properties.
Verification comments:
Prior to issuance
of building
permits
DARM X
AES-3: Lighting systems for non-residential uses, not
including public facilities, shall provide shields on the light
fixtures and orient the lighting system away from adjacent
properties. Low intensity light fixtures shall also be used if
excessive spillover light onto adjacent properties will occur.
Verification comments:
Prior to issuance
of building
permits
DARM X X
AES-4: Lighting systems for freestanding signs shall not
exceed 100 foot Lamberts (FT-L) when adjacent to streets
which have an average light intensity of less than 2.0
horizontal footcandles and shall not exceed 500 FT -L when
adjacent to streets which have an average light intens ity of 2.0
horizontal footcandles or greater.
Verification comments:
Prior to issuance
of building
permits
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
Air Quality:
AIR-1: Projects that include five or more heavy-duty truck
deliveries per day with sensitive receptors located within 300
feet of the truck loading area shall provide a screening
analysis to determine if the project has the potential to exceed
criteria pollutant concentration based standards and
thresholds for NO2 and PM2.5. If projects exceed screening
criteria, refined dispersion modeling and health risk
assessment shall be accomplished and if needed, mitigation
measures to reduce impacts shall be included in the project to
reduce the impacts to the extent feasible. Mitigation
measures include but are not limited to:
• Locate loading docks and truck access routes as far from
sensitive receptors as reasonably possible considering site
design limitations to comply with other City design standards.
• Post signs requiring drivers to limit idling to 5 minutes or less.
Verification comments:
Prior to
development
project approval
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
AIR-5: Require developers of projects with the potential to
generate significant odor impacts as determined through
review of SJVAPCD odor complaint history for similar facilities
and consultation with the SJVAPCD to prepare an odor
impact assessment and to implement odor control measures
recommended by the SJVAPCD or the City to the extent
needed to reduce the impact to less than significant.
Verification comments:
Prior to
development
project approval
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
BIO-2: Direct or incidental take of any state or federally listed
species should be avoided to the greatest extent feasible. If
construction of a proposed project will result in the direct or
incidental take of a listed species, consultation with the
resources agencies and/or additional permitting may be
required. Agency consultation through the California
Department of Fish and Wildlife (CDFW ) 2081 and U.S. Fish
and Wildlife Service (USFWS) Section 7 or Section 10
permitting processes must take place prior to any action that
(continued on next page)
Prior to
development
project approval
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 t o
a listed species will be determined on a case-by-case basis
through agency consultation.
Verification comments:
[see previous
page]
[see previous
page]
BIO-3: Development within the Planning Area should avoid,
where possible, special-status natural communities and
vegetation communities that provide suitable habitat for
special-status species. If a proposed project will result in the
loss of a special-status natural community or suitable habitat
for special-status species, compensatory habitat-based
mitigation is required under CEQA and the California
Endangered Species Act (CESA). Mitigation will consist of
preserving on-site habitat, restoring similar habitat or
purchasing off-site credits from an approved mitigation bank.
Compensatory mitigation will be determined through
consultation with the City and/or resource agencies. An
appropriate mitigation strategy and ratio will be agreed upon
by the developer and lead agency to reduce project impacts to
special-status natural communities to a less than significant
(continued on next page)
Prior to
development
project approval
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 th e nest only at the discretion of
the biological monitor.
Verification comments:
[see previous
page]
[see previous
page]
BIO-5: If a proposed project will result in the removal or
impact to any riparian habitat and/or a special -status natural
community with potential to occur in the Planning Area,
compensatory habitat-based mitigation shall be required to
reduce project impacts. Compensatory mitigation must
involve the preservation or restoration or the purchase of off -
site mitigation credits for impacts to riparian habitat and/or a
special-status natural community. Mitigation must be
conducted in-kind or within an approved mitigation bank in the
region. The specific mitigation ratio for habitat -based
mitigation will be determined through consultation with the
appropriate agency (i.e., CDFW or USFWS) on a case-by-
case basis.
Verification comments:
Prior to
development
project approval
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
BIO-7: Project-related impacts to riparian habitat or a special-
status natural community may result in direct or incidental
impacts to special-status species associated with riparian or
wetland habitats. Project impacts to special -status species
associated with riparian habitat shall be mitigated through
agency consultation, development of a mitigation strategy,
and/or issuing incidental take permits for the specific special-
status species, as determined by the CDFW and/or USFWS.
Verification comments:
Prior to
development
project approval
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
BIO-9: In addition to regulatory agency permitting, Best
Management Practices (BMPs) identified from a list provided
by the USACE shall be incorporated into the design and
construction phase of the project to ensure that no pollutants
or siltation drain into a federally protected wetland. Project
design features such as fencing, appropriate drainage and
(continued on next page)
Prior to
development
project approval;
but for long-term
operational
BMPs, prior to
issuance of
occupancy
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 proj ect
grading plans, if there is evidence that a project will include
excavation or construction activities within previously
undisturbed soils, a field survey and literature search for
prehistoric archaeological resources shall be conducted. The
following procedures shall be followed.
If prehistoric resources are not found during either the field
survey or literature search, excavation and/or construction
activities can commence. In the event that buried prehistoric
(continued on next page)
Prior to
commencement
of, and during,
construction
activities
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 immedi ately.
Pursuant to Health and Safety Code (HSC) Section 7050.5,
no further disturbance shall occur until the County Coroner
has made the necessary findings as to origin and disposition
pursuant to PRC Section 5097.98(a). If the remains are
determined to be of Native American descent, the coroner
shall within 24 hours notify the Native American Heritage
Commission (NAHC). The NAHC shall then contact the most
(continued on next page)
Prior to
commencement
of, and during,
construction
activities
DARM X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 di scovery 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. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
HAZ-2: Limit the proposed low density residential (1 to 3
dwelling units per acre) located northwest of the airport , and
located within Fresno Yosemite International Airport
Zone 3-Inner Turning Area, to 2 dwelling units per acre or
less.
Verification comments:
Prior to
development
approvals
DARM X
HAZ-3: Re-designate the current area within Fresno
Yosemite International Airport Zone 5-Sideline located
northeast of the airport to Public Facilities-Airport or Open
Space.
Verification comments:
Prior to
development
approvals
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
HAZ-5: Prohibit residential uses within Safety Zone 1
northwest of the Hawes Avenue and South Thorne Avenue
intersection.
Verification comments:
Prior to
development
approvals
DARM X
HAZ-6: Establish an alternative Emergency Operations
Center in the event the current Emergency Operations Center
is under redevelopment or blocked.
Verification comments:
Prior to
redevelopment
of the current
Emergency
Operations
Center
Fresno Fire
Department
and Mayor/
City Manager’s
Office
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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),
DARM, and
PW
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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,
DARM, and
PW
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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,
DARM, and
PW
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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,
DARM, and
PW
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 rat es and
volumes which would be generated by the planned land
uses in that area.
Verification comments:
Prior to
development
approvals in the
Southeast
Development
Area
FMFCD,
DARM, and
PW
X
Public Services:
PS-1: As future fire facilities are planned, the fire department
shall evaluate if specific environmental effects would occur.
Typical impacts from fire facilities include noise, traffic, and
lighting. Typical mitigation to reduce these impacts includes:
Noise: Barriers and setbacks on the fire department sites.
Traffic: Traffic devices for circulation and a “keep clear
zone” during emergency responses.
Lighting: Provision of hoods and deflectors on lighting
fixtures on the fire department sites.
Verification comments:
During the
planning process
for future fire
department
facilities
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 fire department sites.
Verification comments:
During the
planning process
for future Police
Department
facilities
DARM X
PS-3: As future public and private school facilities are
planned, school districts shall evaluate if specific
environmental effects would occur with regard to public
schools, and DARM shall evaluate other school facilities .
Typical impacts from school facilities include noise, traffic, and
lighting. Typical mitigation to reduce potential impacts from
school facilities includes:
(continued on next page)
During the
planning process
for future school
facilities
DARM, local
school districts,
and the
Division of the
State Architect
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM, to the
extent that
agencies
constructing
these facilities
are subject to
City of Fresno
regulation
X
Utilities and Service Systems
USS-1: The City shall develop and implement a wastewater
master plan update.
Verification comments:
Prior to
wastewater
conveyance and
treatment
demand
exceeding
capacity
DPU X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 syste m 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 trea tment
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 ad dress
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 provide d.
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 reservoi r
(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 a nd
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 non-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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 construct ion 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. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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
DARM, PW,
City of Clovis,
and County of
Fresno
X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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. A-17-009/R-17-013/C-17-101 June 19, 2018
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 DARM
X X
MEIR MITIGATION MEASURE MONITORING CHECKLIST FOR EA NO. A-17-009/R-17-013/C-17-101 June 19, 2018
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 wate r supply system and shall not
approve additional development that demand additional water
until additional capacity is provided. By approximately the
year 2025, the City shall construct an approximately 25,000
AF/year tertiary recycled water expansion to the Fresno-
Clovis Regional Wastewater Reclamation Facility in
accordance with the 2013 Recycled Water Master Plan and
the 2014 City of Fresno Metropolitan Water Resources
Management Plan update.
Implementation of Mitigation Measure USS -5 is also required
prior to approximately the year 2025.
Verification comments:
Prior to
exceeding
existing water
supply capacity
DPU and
DARM
X X
Utilities and Service Systems – Adequacy of Landfill Capacity:
USS-22: Prior to exceeding landfill capacity, the Cit y shall
evaluate additional landfill locations and shall not approve
additional development that could contribute solid waste to a
landfill that is at capacity until additional capacity is provided.
Verification comments:
Prior to
exceeding
landfill capacity
DPU and
DARM
X
EXHIBIT P
City Council Resolution for Plan Amendment Application No. A-17-009
30'21'280'296'322'
366'
PRI
V
A
T
E
D
R
E
A
U
D
UBONDRN BOND STE GREEN ACRES DR
E MILL CREEK DR
PRIVATE DR
E O M A H A A V E
NASHTONWAYN FOURTH STNFI
RSTSTN BOND STE MUNCIE AVE
N PARK PLACE DRE NEES AVE
E AHWAHNEE AVE
E PORTLAND AVE
N BOND STE NILES AVE
E OMAHA AVE
N FIFTH STCC
RS-4
RS-4
CC
CC
RS-4
RS-4
RS-4
RS-5RS-4
PI
O
RS-4
CC
RM-1
RS-4
CRC
OS
RS-4
A-17-009APN: 402-220-66836 E Nees Avenue
0 300 600150Feet/
EXHIBIT
City Limits
From CRC (Commercial - Recreation) to CC (Commercial - Community) (2.49 Ac.)
CRCtoCC
A
EXHIBIT Q
City Council Ordinance Bill for Rezone Application No. R-17-013
21'
30'280'366'296'322'
PRI
V
A
T
E
D
R
E
A
U
D
UBONDRN BOND STE GREEN ACRES DR
E MILL CREEK DR
PRIVATE DR
E O M A H A A V E
NASHTONWAYN FOURTH STNFI
RSTSTN BOND STE MUNCIE AVE
N PARK PLACE DRE NEES AVE
E AHWAHNEE AVE
E PORTLAND AVE
N BOND STE NILES AVE
E OMAHA AVE
N FIFTH STCC
RS-4
RS-4
CC
CC
RS-4
RS-4
RS-4
RS-5RS-4
PI
O
RS-4
CC
RM-1
RS-4
CRC
OS
RS-4
R-17-013APN: 402-220-66836 E Nees Avenue
0 300 600150Feet/
EXHIBIT
City Limits
To reclassify a portion of the property from CRC to CC/UGM/cz 2.49
CRC/UGM/cztoCC/UGM/cz
A
EXHIBIT R
City Council PowerPoint Presentation
City Council Hearing
November 8, 2018
Filed by
Gary Giannetta on behalf of Russ Nakata
Consideration of
PLAN AMENDMENT NO. A-17-009;
REZONE APPLICATION NO. R-17-013;
CONDITIONAL USE PERMIT APPLICATION NO. C-17-101; AND
RELATED ENVIRONMENTAL ASSESSMENT
City Council Hearing
November 8, 2018
Aerial Photograph (2018)
Subject Property
(approximate limits shown)
E Nees Ave N Bond St N First St E Niles Ave N Fifth St •PLAN AMENDMENT APPLICATION No. A-17-009 proposes to amend the Fresno General Plan and
Woodward Park Community Plan planned land use FROM Commercial Recreation TO Community
Commercial
•REZONE APPLICATION No. R-17-013 proposes to amend the Official Zone Map FROM
CRC/UGM/cz (Commercial Recreation/Urban Growth Management/conditions of zoning) TO
CC/UGM/cz (Commercial Community/Urban Growth Management/conditions of zoning)
City Council Hearing
November 8, 2018
Conditional Use Permit Application No. C-17-101
•CONDITIONAL USE PERMIT
APPLICATION No. C-17-101
proposes:
–Construction of an
approximately 9,175 square-
foot funeral home that
includes the following:
•190 seat chapel;
•Lobby and Offices;
•Landscaping;
•73 on-site parking
spaces and 28 stacked
parking spaces (101
total spaces);
•Fully enclosed
receiving area; and
•6-foot high block wall
along eastern border
–NO CREMATION or BODY
PREPARATION is proposed
at this location.
City Council Hearing
November 8, 2018
Staff Recommendation
•ADOPT the Negative Declaration prepared for Environmental Assessment No. A-17-
009/R-17-013/C-17-101 dated June 19, 2018.
•RESOLUTION Approving Plan Amendment Application No. A-17-009 proposing to
amend the Fresno General Plan and the Woodward Park Community Plan planned
land use for approximately 2.5 acres from Commercial Recreation to Community
Commercial.
•BILL (For introduction and adoption) - Approving Rezone Application No. R-17-
013 proposing to amend the Official Zone Map to reclassify approximately 2.5 acres
of the subject property from the CRC/UGM/cz (Commercial-Recreation/Urban Growth
Management/conditions of zoning) zone district to the CC/UGM/cz (Commercial-
Community/Urban Growth Management/conditions of zoning) zone district in
accordance with Plan Amendment Application No. A-17-009.
•APPROVE Conditional Use Permit Application No. C-17-101 authorizing construction
of an approximately 9,175-square-foot funeral home to include a chapel with 190 seat
capacity. No crematory or body preparations are proposed as part of this use. The
project is being proposed under the use classification Funeral Parlors and Internment
Services.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1336 Agenda Date:11/8/2018 Agenda #:
REQUEST TO APPEAR BEFORE THE CITY COUNCIL
Appearance by Stan Reynolds to discuss a solution for stopping cars from parking next to trash
containers and making it difficult for the garbage truck to pick up trash during their scheduled pick up
day. (Speaker resides in District 4)
City of Fresno Printed on 3/10/2023Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1340 Agenda Date:11/8/2018 Agenda #:3-A
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:BRYON HORN, Chief Information Officer
Information Services Department
SUBJECT
WORKSHOP regarding Mobile Apps:
1.Presentation of Resolution Congratulating the Information Services Department for their
Recognition of Outstanding Accomplishments in the Areas of Operations and Mobile Applications.
Attachment:
PowerPoint presentation
Resolution of Congratulations
City of Fresno Printed on 3/10/2023Page 1 of 1
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In-House Development
Application Showcase
We serve our community by exploring, developing, implementing
and supporting effective and innovative use of technology
through teamwork, collaboration, innovation, and accountability to
our departmental partners.
Digital City Approach
Smart cities use data and technology to create
efficiencies, improve sustainability, create economic
development, and enhance quality of life factors for
people living and working in the City.
INFORMATION SERVICES DEPARTMENT
The App Name www.website.com
MyFaxBus App
MyFaxBus is a free, easy to use, real time app for
residents to track live buses, plan trips and ride the
bus. It’s easy!
Real Time Bus Locations
Up to the minute live bus locations
and the next 5 upcoming bus stops
Trip Planner
Plan your trip within the City of
Fresno
Translation
App available in Spanish and Hmong
Artwork Landmarks Amenities Panoramas
Fulton District App
Visit downtown Fresno while using the Fulton
District App to learn about the history of the mall
and public art collection.
Photo Gallery Timeline 3D Interactive Walks Challenges
Fulton District App
The App Name www.website.com
3D Interactive Walks
Walk downtown and explore the artwork on Fulton Street right
from your phone or desktop computer. The technology used is
also compatible with 3D wearable glasses.
View
Rental Housing Inspector
iPad Application
This app is tailored for the Rental Housing Inspectors to manage
their day-to-day duties, from posting notices to performing
inspections.
Faster inspections
Inspection reports generated upon completion
100% mobile & field tested
Demo Company
Demo User
559-621-7156 Database Violation List
Pictures required per violation
Customer Arrival Notifications
The app has been developed and tested with the actual inspectors; it has
been revised multiple times based on field tests so that inspectors can
perform their jobs as expected.
Rental Housing Inspector iPad Application
The App Name www.website.com
Fresno PARCS app
Find all parks and trails within Fresno, learn about
programs and services, reserve a park and a lot
more…
(In Progress)
The App Name www.website.com
Fresno PARCS app
The App Name www.website.com
Fresno PARCS app
Drone
videography of
City of Fresno
parks
View
Account DrivenApp is personalized for each user; focusing on the services they receive including their Solid Waste pick up day.One Stop ShopFind drop-off locations, contact the city, report issues through FresGO, and a lot moreThe goal of this app is to make it a one stop shop. Within this app users can find when their solid waste pickup is scheduled, or if ithas been rescheduled due to a City holiday. Users can receive alerts, submit issues, contact the City, etc. MOBILE APP FEATURESCity of FresnoDepartment of Public Utilities(In Progress)
The App Name www.website.com
City of Fresno Department of Public Utilities
Coming Soon
-COOP App (Continuity of
Operation Plan)
-Rental Housing User App
The App Name www.website.com
FresGO App
FresGO is a free third party vendor app, easy to use, real-
time platform transforming how Fresno solves issues.
Report infrastructure and non-emergency public safety
issues with your smartphone or computer. Track resolutions
and receive real-time updates and alerts.
The App Name www.website.com
FresGO App
305,213
Service Requests
75,085
Graffiti Requests
with a 24hr Completion
21,000
Downloads
10,425
Street Lights Repaired
1,234
Illegal Fireworks
Reported on 4th of July
9,839
Street Trees
10,645
Illegal Dumping 5,083
Missed Pickup
4,637
Potholes
Completed Requests
Since June 30, 2015
Unique Service Request Types
From water, street issues, traffic, potholes,
illegal dumping, street trees & more…
40
City Departments Involved with FresGO
Every department within the City gets updates and
tasks to perform within FresGO
13
The App Name www.website.com
Eye On Water App
EyeOnWater allows you to connect to supported
water utility accounts and see your latest water
usage. Understand how much water you use,
detect leaks, and discover trends for when you use
the most water.
Eye on Water App
THANK YOU
INFORMATION SERVICES DEPARTMENT
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1287 Agenda Date:11/8/2018 Agenda #:3-B
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:GREGORY A. BARFIELD, Interim Director
Department of Transportation
BY:BRIAN BARR, Assistant Director
Department of Transportation
DUANE MYERS, Fleet Manager
Department of Transportation/Municipal Fleet Division
SUBJECT
Award a requirements contract in the amount of $2,034,750 to Clean Energy of Newport Beach,
California, to supply and deliver liquid natural gas to the Municipal Fleet Division fueling station.
(Citywide)
RECOMMENDATION
Staff recommends Council award a requirements contract to Clean Energy of Newport Beach,
California,in the amount of $2,034,750 to supply and deliver liquid natural gas (LNG)to the Municipal
Fleet Division LNG fueling station.
EXECUTIVE SUMMARY
The Department of Transportation,Municipal Fleet Division is seeking to establish a requirements
contract for LNG to be used by the Department of Public Utilities within the city of Fresno.The LNG
will be used to power the City-owned refuse trucks that are used daily to collect household trash,
green waste,and recycling.Due to historical and anticipated costs for this product,the Purchasing
Division has recommended a multi-year requirements contract be established.This contract will be
awarded based on the approved competitive bidding process at a cost of $2,034,750.
BACKGROUND
The Municipal Fleet Division is responsible for purchasing,storing,and dispensing LNG for the
refuse truck fleet.Solid Waste Management operates 100 trucks powered by natural gas.These
trucks collect municipal solid waste,recyclables,and green waste for over 111,000 residential
customers.The Municipal Fleet Division is in need of a contract for the purchase of LNG for the
City of Fresno Printed on 3/10/2023Page 1 of 2
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File #:ID18-1287 Agenda Date:11/8/2018 Agenda #:3-B
customers.The Municipal Fleet Division is in need of a contract for the purchase of LNG for the
refuse truck fleet.A requirements contract is required due to the total dollar amount of the products
purchased during each fiscal year.Last year the Municipal Fleet Division purchased over $1,030,000
of LNG totaling 1.5 million gallons.
One hundred percent of the LNG purchased through this contract will be Renewable Natural Gas
(RNG)that is derived entirely from biogas purified to meet pipeline natural gas specifications.Biogas
is derived from the anaerobic decomposition of organic waste sources,including landfills,wastewater
treatment plants,and agricultural sources.Renewable LNG derived from RNG is identical in
composition to fossil LNG and has been liquefied in the same manner as fossil LNG.
Competitive bids were solicited for LNG on September 5,2018.Two responses were received on
October 2,2018.The bid from Clean Energy of Newport Beach,California,was determined to be the
lowest responsive and responsible bidder with a bid price of $2,034,750.This bid price is 11 percent
lower than the current contract.The Purchasing Division has approved this contract and
recommends Council approval.
City Attorney has reviewed and approved to form. This contract will be in place for two years with the
option for three one-year extensions. The current contract expires on November 11, 2018.
ENVIRONMENTAL FINDING
This is not a “project” as defined by CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference was not applied because none of the bidders are local businesses.
FISCAL IMPACT
No General Funds will be used to purchase the LNG.The funding to cover the purchase cost of the
LNG fuel has been included in the FY 2019 Adopted Budget under the operations of the Fleet
Management Division.
Attachments:
1.Bid Spec 9475
2.Addendum
3.Bid Eval 9475
City of Fresno Printed on 3/10/2023Page 2 of 2
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2223 G Street Gregory Barfield, Interim Director
Fresno, California 93706
(559) 621-RIDE
www.fresno.gov
*******
A CATALYST FOR INVESTMENT BY KEEPING COMMUNITIES SAFELY CONNECTED.
DEPARTMENT OF TRANSPORTATION
Fresno Area Express • Fleet • Public Safety • Handy Ride
ADDENDUM NO. 1
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 3632
NOTICE TO ALL BIDDERS
This Addendum is attached to and made a part of the above entitled specifications for the City
of Fresno with a scheduled bid opening of 10/2/2018
All changes and or clarifications will appear in bold underlined type.
Question 1: As a result of recent changes to AB 32’s California Compliance Allowance (CCA)
obligation, the California Air Resource Board (ARB) has expanded these obligation costs to now
include all out of state LNG producers. We highly suggest the City includes a separate line item
for bidders to incorporate this compliance costs into their delivered rate to the City. Will the City
incorporate a separate line item so all costs to deliver LNG are captured within the bid?
Question 2: Will the City input the following standard conversion factors under the Pricing
Conditions section to ensure all bids are transparent?
12.104 mmBTU per LNG Gallon
3.49 lbs per LNG Gallon
3.49 X 12.104 = 42.24 lbs per mmBTU
500 lbs = 143.26 LNG Gallons (500/3.49)
500 lbs = 11.84 mmBTU (500/42.24)
Answer 1: Bid price for California Compliance Allowance cost per gal. This fee will be a
pass thru and the City will not pay mark up. Please see the attached revised bid proposal
page (page 1.2-1.3) and pricing conditions (page 4.0).
Answer 2: The City requires fuel containing a methane composition 98.51% and above
will be billed using a conversion factor of 3.49 lbs/gallon to compute the number of
gallons used on the invoice. Please use the conversion factors shown below and
attached as part of the pricing conditions (page 4.0).
12.104 mmBTU per LNG Gallon
3.49 lbs per LNG Gallon
3.49 X 12.104 = 42.24 lbs per mmBTU
500 lbs = 143.26 LNG Gallons (500/3.49)
500 lbs = 11.84 mmBTU (500/42.24)
City of Fresno
Duane Myers
Fleet Manager
The bidder shall sign below indicating he/she has thoroughly read and understands the contents
of this Addendum.
Signed:
Company:
This addendum is being distributed ONLINE only and will not be sent by U.S. Mail. The bidder
shall submit a signed copy of this addendum with their bid.
Addenda to date: 1
October 22, 2018
BID PROPOSAL
BIDDER'S NAME:
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 3632
TERM OF CONTRACT The Contract shall be in effect for TWO year(s) from the date of the
Notice to Proceed. The Contract may be extended in accordance with the provisions set forth in
the Special Conditions of these Specifications.
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Bidder hereby proposes to furnish to the City of Fresno, in accordance with
the Specifications annexed hereto and made a part hereof, the following item(s) delivered
F.O.B. Destination, Freight Prepaid & Allowed, to the jobsite(s) as specified in the Special
Conditions of these Specifications, and at the prices set forth in the following bid item(s):
Note: All unit pricing listed below shall be listed per LNG gallon. Bid item 1 is for evaluation
purposes only.
BID
ITEM
QTY DESCRIPTION UNIT PRICE TOTAL PRICE
1 1,500,000 gal SoCal Border Price for Spot Gas
Delivered to Pipelines per
MMBtu/12.104
$1.00/Gal
$1,500,000.00
2 1,500,000 gal Discount % below SoCal
Price for Spot Gas Delivered to
Pipelines per MMBtu/12.104
$
$
($0.00 Assumed
if Blank)
(Dollar Figure
Price/Gallon)
3 1,500,000 gal Liquefaction (excludes freight,
taxes, export/import tariffs)
$
$
4 1,500,000 gal Bid price for freight to transport
average 9,500 gallon tanker
loads. $
$
5 1,500,000 gal Bid price for California
Compliance Allowance cost per
Gal.
$ $
SUBTOTAL: $
Less early payment discount of % for
payment within days (minimum 15 days)
from receipt of invoice by City of Fresno $
The Total Net Bid Amount is
________________________________________ Dollars and ______________________
Cents.
Completion of Bid Proposal Form to be Eligible for Award. Bidders must
bid all bid items within a section (including any Alternates). The Bidder is non-
responsive and ineligible for award in the event Bidder fails to initial this
paragraph on the line provided and completely fill in the Bid Proposal Form
including, without limitation, all dollar amounts and information called for on this
Bid Proposal Form. By his/her initials to the right hereof, Bidder represents
he/she has read and understands the consequences of not completely filling in
this Bid Proposal Form.
Initial
The quantities listed on the Bid Proposal page(s) are annual estimates, shown for bidding
purposes only. The actual requirement of the City may be more or less than the quantities
specified. The City will pay for only those items which it actually orders during the term of the
Contract.
PRICING CONDITIONS
The City of Fresno intends to enter into a requirements contract for the liquid natural gas
(LNG) fuel based on SoCal Border Index Price for Spot Gas Delivered to Pipelines per
MMBtu/12.104 minus any discount in cents per LNG gallon for natural gas feedstock not
delivered through pipeline. Under this contract, the city will pay for fuel, liquefaction cost, and
delivery at a cost comprised of the following components:
1. The Base Price per LNG gallon of fuel, derived from SoCal Border Index Pricing
for Spot Gas Delivered to Pipelines per MMBtu dry as published in Platts divided
by gallons/MMBtu factor of 12.104, current at the time and date that the order is
placed by the City. This price component may change on an order-by-order
basis.
2. It is required of the vendor to supply the City of Fresno a current monthly report
of the natural gas pricing per the SoCal Gas Border Index. This must be
supplied to the City of Fresno via email within the first five (5) calendar days of
each month, during the effective dates of this contract.
3. The cents per LNG gallon discount, if any, for natural gas feedstock supplied from
non-pipeline sources. Examples: stranded gas well sources, digester gas
sources, landfill gas sources, etc. This price component will remain fixed for the
first 24 months of the contract term.
4. The cost per LNG gallon for liquefaction to turn gaseous methane feedstock into
fuel quality liquid natural gas (LNG). This price component will remain fixed for the
first 24 months of the contact term.
5. The cost per LNG gallon of freight as bid for each delivery quantity category by
the Bidder awarded under this solicitation, will remain fixed for the initial two years
of the term of the contract, but any and all may be adjusted for any extension
under the provisions listed in “Term of Contract”.
6. The City requires fuel containing a methane composition 98.51% and
above will be billed using a conversion factor of 3.49 lbs/gallon to
compute the number of gallons used on the invoice. The conversion
factors are below.
• 12.104 mmBTU per LNG Gallon
• 3.49 lbs per LNG Gallon
• 3.49 X 12.104 = 42.24 lbs per mmBTU
• 500 lbs = 143.26 LNG Gallons (500/3.49)
• 500 lbs = 11.84 mmBTU (500/42.24)
7. AB 32’s California Compliance Allowance (CCA) obligation fee per gallon
of LNG fuel delivered. This cost is to be a pass thru cost and the City will
not pay a markup. This price component will remain fixed for the first 24
months of the contract term.
Taxes: Liquid natural gas (LNG) fuel bid prices shall exclude ALL Federal and State Motor
Vehicle Fuel Fees (MVF) or any other applicable fees and taxes. All applicable
taxes are to be added to the invoice at the time of delivery. The City will execute
appropriate Excise Tax exemption certificates to the successful supplier.
If, during the course of this contract, the Supplier’s selling price of any of the item(s) bid, is
below the contract bid price, the City will receive the lowest pricing.
RC PRODUCTS i Rev. 12 14 17
FINANCE DEPARTMENT
PURCHASING UNIT
BID SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 9475
INDEX
Page
Notice Inviting Bids ii
Instructions to Bidders iii
Bidder’s Checklist 1.1
Bid Proposal 1.2
Time Period to Award/Reject Bid 1.4
Certification for Local Preference 1.6
Contract Document 1.11
General Conditions 2.0
Federal Requirements, if applicable 3.0
Special Conditions 4.0
Technical Specifications 5.0
Procurement Specialist: ALEX NAZAROFF
PHONE (559) 621-8361 or 621-1332
FAX: (559) 457-1522
SCHEDULED BID OPENING: SEPTEMBER 25TH, 2018
RC PRODUCTS ii Rev. 12 14 17
NOTICE INVITING BIDS
Sealed or electronic bids will be received at the office of the Purchasing Manager of the City of Fresno
for the following:
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 9475
all in accordance with the plans and/or specifications, delivered F.O.B. DESTINATION, FREIGHT
PREPAID AND ALLOWED, to CITY OF FRESNO, VARIOUS SITES, FRESNO, CALIFORNIA 93706.
Specifications for these items can be downloaded at the City’s online website at:
http://www.fresno.gov. For Business (to the right of the screen), Bid Opportunities
Bids can be submitted electronically or by paper only not via Fax.
Bid Proposal forms, can be downloaded at the City’s online website.
This Contract will be used primarily by FLEET Division. The Contract term is for TWO year(s), with
provisions for THREE (3) 1-year extensions.
Bid Proposals must be filed electronically using Planet Bids, by mail or with the Purchasing Manager
prior to the bid opening at 3 p.m. on Tuesday, SEPTEMBER 25TH, 2018, when the bids will be publicly
opened and recorded. Electronically filed is defined as by means of electronic equipment or devices.
All proposals must be made on the Bid Proposal Form provided by the Purchasing Manager . A Bid
Deposit, which can be provided separately, in the amount of TEN PERCENT (10%) of the Total Net
Bid Amount (or, in bids with Add Alternates, the highest possible combination of the Base Bid Plus
Add Alternates) in the form of a certified cashier's check, an irrevocable letter of credit, or a certificate
of deposit or a bidder's bond executed by a corporate surety, admitted by the California Insurance
Commissioner to do business in California, payable and acceptable to the City of Fresno; or the
Bidder shall have registered with the Purchasing Manager of the City an annual bid bond sufficient to
provide coverage in such amount. Bid Deposits will be refunded after a Contract has been executed
with the successful Bidder or all bids have been rejected. Copies of Bid Deposits may be submitted
electronically, with the exception of a cashier’s check, which must be brought to the Purchasing
Manager’s office and labeled accordingly with bid number.
The City of Fresno hereby notifies all Bidders that no person shall be excluded from participation in,
denied any benefits of, or otherwise discriminated against in connection with the award and
performance of any contract on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or
on any other basis prohibited by law.
The meeting room is physically accessible. Services of an interpreter and additional accommodations
such as assistive listening devices can be made available. Requests for accommodations should be
made at least five working days but no later than 48 hours prior to the scheduled meeting/event.
Please contact the Procurement Specialist listed on the cover at 559-621-1332 or through the
Questions and Answers field on Planet Bids.
The City reserves the right to reject any and all bids.
INSTRUCTIONS TO BIDDERS
RC PRODUCTS iii Rev. 12 14 17
BID PROPOSALS WILL BE CONSIDERED FOR AWARD ONLY IF THE BIDDER HAS COMPLIED
WITH THE FOLLOWING:
Bid Proposals shall be submitted on the forms furnished by the Purchasing Manager, with all
documents listed on the Bidder's Checklist, completely filled out, properly signed by the Bidder and
delivered, under sealed cover, plainly marked or filed electronically via Planet Bids:
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 9475
to the Office of the Purchasing Manager, 2600 Fresno Street, Room 2156, Fresno, California, 93721,
or electronically filed utilizing Planet Bids prior to the date and time specified in the Notice Inviting
Bids, when all bids will be publicly opened and recorded. Bids received at 3:00 p.m. or after will not
be accepted. The time stamp in the Purchasing Unit will be the official clock for documenting the time
of filing. Electronically filed is defined as by means of electronic equipment or devices.
In the event that both a paper and electronic bid for the same project are submitted, the City will use
and accept the electronic version as the authorized submittal.
A Bid Deposit has been made in accordance with either paragraph (a) or paragraph (b). A bid
without a proper Bid Deposit will be automatically rejected and/or will not be read publicly at
the bid opening.
Note: Company Checks are NOT acceptable
(a) BID DEPOSIT. Bidders must submit a Bid Deposit, which may be provided separately, in
the amount of TEN PERCENT (10%) of the Total Net Bid Amount (or, in bids with Add
Alternates, the highest possible combination of the Base Bid plus Add Alternates) with
their Bid Proposal. Such Bid Deposit shall be in the form of a certified cashier's check, an
irrevocable letter of credit or a certificate of deposit payable to the City of Fresno, or a
bidder's bond executed by a corporate surety, admitted by the California Insurance
Commissioner to do business in California, payable and acceptable to the City of Fresno.
Such Deposit shall be retained by the City of Fresno as a guarantee that the Bidder, if
awarded all or part of the Contract, will within 15 calendar days (except in the event
federal funding is applicable to this Contract, then 10 working days) from the date the
Notice of Award is mailed to the Bidder, execute and return a Contract furnished by the
City. No Bid Deposits will be returned to Bidders until either a Contract has been
executed for all items awarded, or all bids have been rejected. Bid bonds will not be
returned, except upon Bidder’s written request. Copies of Bid Deposits may be submitted
electronically, with the exception of a cashier’s check, which must be brought to the
Purchasing Manager’s office and labeled accordingly with bid number.
(b) ANNUAL BIDDERS BOND. If the Bidder contemplates submitting bids from time to time
during a period of one (1) year for the furnishing of certain materials, supplies or services
to the City of Fresno, the Bidder may cover all such bids by a single Annual Bidder's Bond
instead of a separate bond for each bid. If such an Annual Bidder's Bond is registered
with the Purchasing Manager of the City of Fresno, and is currently valid, it shall be
deemed to accompany each and every bid submitted, provided such bond is in a sufficient
amount to provide the required Deposit for all of the Bidder's proposals then outstanding.
It shall be stated upon the Bid Proposal that such an Annual Bidder's bond is registered
with the Purchasing Manager of the City of Fresno.
CONTRACT DEFINITIONS. Attention of Bidders is especially directed to all provisions of the
Contract Documents as defined in the GENERAL CONDITIONS.
RC PRODUCTS iv Rev. 12 14 17
QUESTIONS, CLARIFICATIONS AND CONCERNS. The Specifications describing this
project/purchase have been carefully prepared. Any questions or concerns relating to these
Specifications shall be directed in writing to the Designated Procurement Specialist of the
Purchasing Unit (see cover page) and may be submitted electronically. By utilizing the
Questions and Answers field on Planet Bids.
ADA
Accessibility Requirements: Supplier warrants that it complies with California and federal disabilities
laws and regulations; and the Services will conform to the accessibility requirements of WCAG 2.0AA.
Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its
Services. The City may require bidder to comply with these accessibility requirements if they are
awarded a contract.
ACH Payment Initiative-Electronic Payment
Contractor shall provide complete and accurate billing invoices in order to receive payment. Billing
invoices submitted must contain all information and supporting documentation required by the
contract. Payment for invoices submitted by the contractor shall only be rendered electronically
unless payment by paper check is expressly authorized by the Controller, in the Controller’s sole
discretion, due to extenuating circumstances. Such electronic payment shall be made in
accordance with ordinary City procedures and practices. The contractor shall comply with the
Controller’s procedures to authorize electronic payments. Contractor acknowledges that it will not
receive payment on any invoices submitted under this Contract if it does not comply with the
Controller’s electronic payment procedures, except where the Controller has expressly authorized
payment by paper check as set forth above.
RC PRODUCTS v 712 14 17
Questions will be accepted only up to 5 working days prior to the bid opening date to allow the
City, if necessary, to issue an addendum to all bidders stating revisions, deletions, or additions to be
made to the Specifications as a result of any questions. If questions arise after the deadline, please
contact the designated Procurement Specialist, but the City will not guarantee a response.
The City will not be responsible for verbal responses made by parties other than the Purchasing
Manager or her/his designee.
CONTACTS WITH CITY STAFF. Before an award is made, any contact with City staff, other than the
Purchasing Manager or his/her designee(s), without prior written authorization is strictly prohibited and
may render the Bidder non-responsible.
LOCAL PREFERENCE. Fresno Municipal Code Section 4-108 LOCAL PREFERENCE IN
CONTRACTS REQUIRING COMPETITIVE BIDDING provides for a local preference. Portions
pertinent to materials, supplies and/or equipment contracts are paraphrased as follows:
Except for those Contracts funded by the federal or state government when such funding
would be jeopardized because of this preference, the Council authorizes the Purchasing
Manager to extend a preference to a local business as expressly set forth herein.
Fresno Municipal Code section 4-108(a): For purposes of this section, “local business” shall
mean a business with a fixed primary or branch office either (i) within a twenty-five mile radius
of Fresno City Hall, located at 2600 Fresno Street in the City of Fresno, or (ii) within the County
of Fresno; and which fixed primary or branch office was established prior to the City inviting
bids for the respective purchase. The Purchasing Manager, in the evaluation of any and all
sealed bids for materials, supplies and/or equipment pursuant to this section whenever the
lowest responsive and responsible bid exceeds five hundred thousand dollars ($500,000), shall
extend a five percent (5%) preference to a local business in award of the Contract as
determined in subdivision (i) of “Extension of the Preference” below.
Fresno Municipal Code section 4-108(b): For purposes of this section, “local business” shall
mean a business (i) having a total of one hundred or fewer employees, an average annual
gross receipts of twelve million dollars ($12,000,000.00) or less over the three calendar years
immediately prior to the year in which city is inviting bids for the respective purchase, and
having a valid small business certification issued by the State of California; (ii) with a fixed
primary or branch office either within a twenty-five mile radius of Fresno City Hall, located at
2600 Fresno Street in the City of Fresno, or within the County of Fresno; and (iii) which fixed
primary or branch office was established prior to the city inviting bids for the respective
purchase. The Purchasing Manager, in the evaluation of any and all sealed bids for materials,
supplies and/or equipment pursuant to this section whenever the lowest responsive and
responsible bid is less than or equal to five hundred thousand dollars ($500,000), shall extend
a five percent (5%) preference to a local business in award of the Contract as
determined in subdivision (i) of “Extension of the Preference” below.
Extension of the Preference: The preference under both Fresno Municipal Code sections
4-108(a) and (b) shall be extended consistent with each of the following:
(i) The amount of the preference shall be equal to the amount of 5% applied to the
lowest responsive and responsible bid; provided, however, in no event shall the
amount of the preference exceed the sum of $75,000.
(ii) If the Bidder submitting the lowest responsive and responsible bid is not a local
business, and if a local business has also submitted a responsive and responsible
bid, and, with the benefit of the preference, the local business’ bid is equal to or less
than the original lowest responsive and responsible bid, the City shall award the
Contract to the local business at its submitted bid price.
(iii) The Bidder shall certify, under penalty of perjury, that the Bidder qualifies as a local
business. The preference is waived if the certification does not appear on the bid.
RC PRODUCTS vi 712 14 17
Bidders shall submit the CERTIFICATION FOR LOCAL PREFERENCE form with their bid if they seek
the benefit of local preference.
APPROVED EQUALS. For equipment and material purchases, where brand name/model are
specified, the City reserves the right to evaluate any product or type of equipment offered on the Bid
Proposal and to determine acceptability as an "approved equal."
1. All Bid Proposals must be accompanied with pertinent information that provides sufficient
technical data to evaluate the item(s) offered. The information may consist of
manufacturer’s literature, specifications, drawings (to scale), sketches (to proportion)
performance data, etc., where same is necessary to completely describe the product.
2. The decision of acceptability as an "approved equal" shall be within the sole discretion of
the City. If approval as an equal is denied by the City, Contractor shall provide one of the
manufacturers/brands listed in the Specifications without change in the Contract price.
EXCEPTIONS. Any exceptions taken at the time of or after bid submittal, may render the bid
nonresponsive. Attachments by Bidders which include legal terms and conditions that conflict with the
GENERAL CONDITIONS may be considered an exception, and Bidder may, therefore, be considered
nonresponsive.
BID APPEAL PROCEDURE. The City has an appeal procedure in place as adopted by the City
Council on April, 29, 2003 in Resolution No. 2003-129. Any bidder wishing to file an appeal should
refer to that Resolution. A copy of the Resolution may be obtained from the City Clerk's Office, 2600
Fresno Street, Fresno, CA 93721.
Once City staff has reviewed and evaluated the bid proposals received and has determined the lowest
responsible Bidder for award, that determination will be posted on a public bulletin board outside the
Purchasing Units Office and on the City’s website www.fresno.gov, Bid Opportunities, Anticipated
Awards, a minimum of 5 working days prior to Council action to award a Contract for the
project/purchase. The bulletin board and website will generally be update d by Monday of each week,
no later than 5 p.m. It is the sole responsibility of interested bidders to seek this information from
either of these sources.
Should bidders wish to appeal the staff determination, appeals must be received in writing within 5
working days from the time the determination is posted and conform to the requirements under
Resolution No. 2003-129. "Working day" means a City of Fresno regular business day. In no event
will appeals be accepted later than 5:00 p.m. on the day before Council is scheduled to take action on
the Contract award. Appeals must be submitted to following:
City of Fresno Purchasing Unit
2600 Fresno Street, Room 2156
Fresno, CA 93721
Fax number (559) 488-1069
Letters of appeal must clearly state why it is felt the staff's determination of bid award is to someone
other than the lowest responsive and responsible Bidder, or outside the procedural requirements for
the submission and opening of bids.
Appeals not submitted within the stated time will not be honored and the City will proceed to award
the Contract.
RC PRODUCTS vii 712 14 17
REGULATED COMMUNICATIONS IN CITY PROCUREMENT PROCESS ORDINANCE. The
Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4 of the
Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the
Ordinance provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage
in, or continue any communication to or with any City elected official concerning or touching upon any
matter which is the subject of this competitive procurement process.
Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in,
continues in, or receives any regulated communication shall file the written disclosure required by the
Regulated Communications in City Procurement Process Ordinance.
Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement
Process Ordinance may be disqualified from participating in this procurement process and/or
determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior
to its execution, to a party found to have violated the Ordinance.
Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s website
at, http://www.fresno.gov. Under “Government”; “Fresno Municipal Code.” Or view the Fresno
Municipal Code directly at http://www.municode.com/Resources/gateway.asp?sid=14478&sid=5
DEBARMENT. A Bidder who has been determined by the Council to be nonresponsible may be
debarred from bidding or proposing upon or being awarded any contract with the City or City of
Fresno Successor Agency, or from being a subcontractor or supplier at any tier upon such contract, in
accordance with the procedures in Resolution No. 2003-130 adopted by Council on April 29, 2003.
The initial period of any such debarment shall not be less than one year or more than three years. A
Bidder may request a hearing, in accordance with Resolution No. 2003-130, upon receipt of a notice
of proposed debarment from the City Manager or his/her designee. A copy of the Resolution may be
obtained from the City Clerk's Office, 2600 Fresno Street, Fresno, California 93721.
. .
RC PRODUCTS 1.1 Rev. 12 14 17
BIDDER’S NAME:
(Submit with Bid Proposal)
BIDDER’S CHECKLIST
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 9475
SUBMIT THIS BIDDER'S CHECKLIST WITH YOUR BID DOCUMENTS. Bidders shall complete and
submit all documents marked with an "X" in the "REQUIRED" column. Documents required on the
checklist but not included may render your bid nonresponsive and ineligible for award. Bids received
by the City by the scheduled bid opening time will be opened and publicly read but are subject to
verification that all the required documents have been submitted. Copies of Bid Deposits may be
submitted electronically, with the exception of a cashier’s check, which must be brought to the
Purchasing Manager’s office and labeled accordingly with bid number.
REQUIRED
[X] 1. BID PROPOSAL PAGES 1.2 through 1.4.
[X] 2. BID DEPOSIT attached to front of Proposal or submitted electronically in the form of:
[ ] Certified Check [ ] Bidder’s Bond
[ ] Cashier’s Check [ ] Irrevocable Ltr of Credit
[ ] Certificate of Deposit [ ] Annual Bidder’s Bond
Note: Company Checks are NOT acceptable
[X] 3. CERTIFICATION FOR LOCAL PREFERENCE, if applicable, page 1.6.
[X] 4. ACH PAYMENT INITIATIVE – ELECTRONIC PAYMENT, page 1.7.
[X] 5. SIGNATURE PAGES 1.8 and 1.9.
[ ] 6. ADDENDA - Signature page of all Addenda issued, if applicable.
Addenda No. _____ to _____ (Enter numbers).
[X] 7. LITERATURE/STANDARD WARRANTY. As required on page 5.0, paragraph (d), any
applicable manufacturer's Published Price List or website, and two copies, if attached to
paper copy, of the manufacturer's descriptive literature and specifications or website,
including a copy of the manufacturer's standard warranty.
SUBMITTED BY:
Name of Company Contact Name
Address City State Zip
Phone No. Fax No.
E-Mail Address: _________________________________________________________________
RC PRODUCTS 1.2 Rev. 12 14 17
BID PROPOSAL
BIDDER'S NAME:
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 9475
TERM OF CONTRACT The Contract shall be in effect for TWO year(s) from the date of the Notice to
Proceed. The Contract may be extended in accordance with the provisions set forth in the Special
Conditions of these Specifications.
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigned Bidder hereby proposes to furnish to the City of Fresno, in accordance with the
Specifications annexed hereto and made a part hereof, the following item(s) delivered F.O.B.
Destination, Freight Prepaid & Allowed, to the jobsite(s) as specified in the Special Conditions
of these Specifications, and at the prices set forth in the following bid item(s):
Note: All unit pricing listed below shall be listed per LNG gallon. Bid item 1 is for evaluation
purposes only.
BID
ITEM
QTY DESCRIPTION UNIT PRICE TOTAL PRICE
1 1,500,000 gal SoCal Border Price for Spot Gas
Delivered to Pipelines per
MMBtu/12.104
$1.00/Gal
$1,500,000.00
2 1,500,000 gal Discount % below SoCal
Price for Spot Gas Delivered to
Pipelines per MMBtu/12.104
$
$
($0.00 Assumed
if Blank)
(Dollar Figure
Price/Gallon)
3 1,500,000 gal Liquefaction (excludes freight,
taxes, export/import tariffs)
$
$
4 1,500,000 gal Bid price for freight to transport
average 9,500 gallon tanker
loads. $
$
SUBTOTAL: $
Less early payment discount of % for
payment within days (minimum 15 days)
from receipt of invoice by City of Fresno $
The Total Net Bid Amount is
________________________________________ Dollars and ______________________ Cents.
RC PRODUCTS 1.3 Rev. 12 14 17
Completion of Bid Proposal Form to be Eligible for Award. Bidders must
bid all bid items within a section (including any Alternates). The Bidder is non-
responsive and ineligible for award in the event Bidder fails to initial this
paragraph on the line provided and completely fill in the Bid Proposal Form
including, without limitation, all dollar amounts and information called for on this
Bid Proposal Form. By his/her initials to the right hereof, Bidder repre sents
he/she has read and understands the consequences of not completely filling in
this Bid Proposal Form.
Initial
The quantities listed on the Bid Proposal page(s) are annual estimates, shown for bidding purposes
only. The actual requirement of the City may be more or less than the quantities specified. The City
will pay for only those items which it actually orders during the term of the Contract.
RC PRODUCTS 1.4 Rev. 12 14 17
BIDDER'S NAME:
(Submit with Bid Proposal)
CONTRACT QUANTITIES. The City reserves the right to increase or decrease quantities in
accordance with available funds as appropriated by the City Council. If the City Council has not
appropriated funds or sufficient funds are not available to complete the purchase, the City reserves
the right to decrease quantities to stay within the budget limitations.
QUANTITIES FOR BIDDING PURPOSES. The quantities listed on the Bid Proposal page are shown
for bidding purposes only. The actual requirement of the City may be more or less than the specified
estimated quantities. The City will acquire its needs from the successful Bidder during the term of the
Contract and will pay for only those quantities it actually orders and receives.
ADDENDA. The City makes a concentrated effort to ensure any addenda issued relating to these
specifications are distributed to all interested parties. It shall be the Bidder's responsibility to inquire
as to whether any addenda to the Specifications have been issued. Upon issuance by the City, all
Addenda are part of the Bid Proposal. Signing the Bid Proposal on the signature page thereof shall
also constitute signature on all Addenda.
PRECEDENCE OF BID PRICES. In the event of discrepancies between the bid total, summaries of
totals and unit price extensions, the unit price correctly extended will control over the summaries of
totals, and the summaries of totals correctly added will control over the total, whether the summaries
of totals are extended unit prices or lump sums.
RIGHT TO REJECT ANY AND ALL BIDS. The City reserves the right to reject any and all bids.
TIME PERIOD TO AWARD/REJECT BIDS. The undersigned Bidder agrees that the City may have
90 DAYS from the date bids are opened to accept or reject this Bid Proposal. It is further understood
that if the Bidder to whom any award is made fails to enter into a Contract as provided in the
Specifications, award may be made to the next lowest responsive and responsible Bidder, who shall
be bound to perform as if he/she had received the award in the first instance. No Bid Proposal may
be withdrawn prior to award within that time.
AWARD OF CONTRACT. When bids are submitted to the Council, the award will be made to the
lowest responsive and responsible bidder, subject to the right to reject any and all bids, pursuant to
Fresno Municipal Code section 4-102.
MINOR IRREGULARITIES. The City of Fresno reserves the right to waive any informality or minor
irregularity that does not have a monetary consideration when it is in the best interest of the public
and of the City to do so. A discrepancy that offers a Bidder an unfair advantage will cause the bid to
be nonresponsive.
TIEBREAKER. In the event a tiebreaker is needed to establish the lowest responsive and
responsible Bidder, the City shall, unless otherwise agreed upon by all participating parties, utilize a
coin toss as a tiebreaker to be administered by a third party chosen by mutual consent of the
participants. Such coin toss shall take place within 7 working days from the date of bid opening. If
the City determines that a tiebreaker is necessary, each applicable Bidder agrees to participate or to
indemnify the City in any litigation resulting fr om the utilization of the tiebreaker. If a Bidder refuses to
timely participate, the City shall conduct the coin toss in a manner determined by the City to be fair to
all and the results of such coin toss shall be final.
RC PRODUCTS 1.5 Rev. 12 14 17
BIDDER’S NAME:
(Submit with Bid Proposal)
BID DEPOSIT
Accompanying this bid proposal, if paper copy, is a Bid Deposit in the amount of TEN PERCENT
(10%) of the Total Net Bid Amount (or, in bids with Add Alternates, the highest possible combination
of the Base Bid plus Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
Copies of Bid Deposits may be submitted electronically, with the exception of a cashier’s check,
which must be brought to the Purchasing Manager’s office and labeled accordingly with bid number.
Note: Company Checks are NOT acceptable
which is deposited by the undersigned Bidder with the City of Fresno as a guarantee that the Bidder, if
awarded all or part of the Contract, will, within 15 calendar days (except in the event federal funding is
applicable to this Contract, then 10 working days) from the date the Notice of Award is mailed to the
Bidder, execute and return a Contract furnished by the City. If the Deposit is in the form of an Annual
Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must be in
the amount of TEN PERCENT (10%) of the Total Net Bid Amount (or, in bids with Add Alternates, the
highest possible combination of the Base Bid plus Add Alternates) in the following form:
Such Deposit is made with the understanding that failure to execute such Contract will result in
damage to the City, that the amount of such damage would be difficult to determine and that in the
event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is
deposited, the amount of the obligation thereof, but not more than the above stated amount, shall
thereupon be due and payable to the City of Fresno as liquidated damages for such default, payment
of said amount to be the joint and several obligation of the Bidder and the corporate surety.
BUSINESS LOCATION
( ) The undersigned Bidder does not maintain a place of business in the City of Fresno.
( ) The undersigned Bidder maintains a place of business in the City of Fresno at:
Fresno, CA .
BUSINESS LICENSE
( ) The undersigned bidder has a current City of Fresno Business License Number:
.
RC PRODUCTS 1.6 Rev. 12 14 17
BIDDER’S NAME:
(Submit with Bid Proposal, if applicable)
CERTIFICATION FOR LOCAL PREFERENCE
PRODUCT REQUIREMENTS CONTRACT FOR:
LIQUID NATURAL GAS (LNG) FUEL
Bid File No. 9475
We certify that we qualify as a local business pursuant to Fresno Municipal Code section
4-108(a).
Location of Business: Primary Office [ ]
Please provide street address Branch Office [ ]
(PO Box is not acceptable) (Please mark as applicable)
Address:
Phone:
****************************************************************************************************
We certify that we qualify as a local business pursuant to Fresno Municipal Code sections
4-108(a) and (b).
Location of Business: Primary Office [ ]
Please provide street address Branch Office [ ]
(PO Box is not acceptable) (Please mark as applicable)
Address:
Phone:
Provide total number of employees (includes employees of fixed primary and any branch
offices of Bidder):
The average annual gross receipts over the previous three calendar years to the city inviting
bids herein (includes gross receipts of fixed primary and any branch offices of Bidder)
$
Small Business Certification issued by the State of California
Certification Number: Date of expiration:
The undersigned Bidder hereby declares under penalty of perjury under the laws of the State
of California that the information contained on this CERTIFICATION FOR LOCAL
PREFERENCE is correct and complete.
The above Certification is part of the Bid Proposal. Signing this Bid
Proposal on the signature page thereof shall also constitute signature of
this Certification.
Bidders are cautioned that making a false certification may subject the certifier
to criminal prosecution
RC PRODUCTS 1.7 Rev. 12 14 17
(Submit with Proposal)
Initial:____________________
CITY OF FRESNO
FINANCE DEPARTMENT
ACCOUNTS PAYABLE SECTION
AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS
(ACH PAYMENT)
Company Contact Email
Name Address
(Required)
Contact Name Telephone Number
The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit entries to the
company above, (COMPANY), in the account below at the depository financial institution named below,
(DEPOSITORY), and to credit the same to such account. Company acknowledges that the origination of ACH
transactions to its account must comply with the provisions of U.S. law.
Depository
Name
Branch
City State Zip Code
Routing Account
Number Number
o ACH Authorization Agreement Form already on file with City.
This authorization is to remain in full force and effect until FINANCE DEPARTMENT has received written
notification of its termination. The FINANCE DEPARTMENT and DEPOSITORY have a reasonable time
to process the termination.
Name(s)
(Please print)
Signature Date
Title
RC PRODUCTS 1.8 Rev. 12 14 17
(Submit with Bid Proposal)
SIGNATURE PAGE
By my signature on this Bid Proposal I certify, under penalty of perjury, that the foregoing statements,
pages 1.1 through 1.7, and those contained herein are true and correct.
BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.)
(1) ( ) ( )
Bidding Firm Phone Fax
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partnership
[ ] Other:
(3)
Business Address
City State Zip Code
(4) By:
Signature of Authorized Person
Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:
INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued, if a
license is required. If the Bidder is a corporation, enter the exact name of the corporation
under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an
individual operating under a trade name, enter name and dba (trade name in full); if a
partnership, enter the correct trade style of the partnership; if a joint venture, enter exact
names of entities joining in the venture.
LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of
incorporation), individual, partnership, or joint venture.
LINE 3: Enter the address to which all communications and notices regarding the Bid Proposal and
any Contract awarded thereunder are to be addressed.
LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or
employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion
of one of the following certified by the secretary of the corporation, authorizing the officer or
employee to sign contracts (sample certification attached): a copy of the Articles of
Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing
the officer or employee to sign Contracts.
RC PRODUCTS 1.9 Rev. 12 14 17
(Submit with Bid Proposal)
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is
signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney
must be on file with the City of Fresno prior to the time set for the opening of the bids or
must be submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general
partners; or by a general partner(s) authorized to sign Contracts on behalf of the
partnership evidenced by inclusion of either a copy of the Partnership Agreement or a
recorded Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers;
or by a joint venturer(s) authorized to sign Contracts on behalf of the joint venture
evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded
Statement of Joint Venture; and if the joint venturer(s) is a corporation or a partnership
signing on behalf of the Joint Venture, then Paragraphs (a) and c) above apply
respectively.
Where Bidder is a partnership or a corporation, the names of all other general partners, or
the names of the president and secretary of the corporation, and their business addresses
must be typewritten below:
NAME ADDRESS
NOTE: All addresses must be complete with street number, City, State and Zip
Code.
RC PRODUCTS 1.10 Rev. 12 14 17
SAMPLE CERTIFICATION
I, , certify that I am the secretary
Name
of the corporation named herein; that who signed this
Name
Bid Proposal on behalf of the corporation, was then of
Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was
duly signed for and on behalf of said corporation by authority of its governing body, as evidenced
by the attached true and correct copy of the
Name of Corporate Document
By:
Name:
Title: Secretary
Date:
RC PRODUCTS 1.11 Rev. 12 14 17
CONTRACT DOCUMENT
(To be filed after award by successful Bidder)
FIN 4.0/11-26-12
RC PRODUCTS 1.12 Rev. 12 14 17
PRODUCT REQUIREMENTS CONTRACT
THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a
California municipal corporation, hereinafter called the "City," and [Contractor Name], [Legal Identity],
hereinafter called the "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: [LIQUID NATURAL GAS (LNG) FUEL] (Bid File No.
[Number]) [Alternates (if any)] copies of which are annexed hereto, together with all the drawings,
plans, and documents specifically referred to in said annexed documents, and are hereby
incorporated into and made a part of this Contract, and shall be known as the Contract Documents.
2. PRICE. For the estimated monetary consideration of [WRITTEN $ AMOUNT] DOLLARS
AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]), as set forth in the Bid Proposal,
Contractor promises and agrees to furnish or cause to be furnished, in a new and working condition,
and to the satisfaction of City, and in strict accordance with the Specifications, all of the items as set
forth in the Contract Documents.
3. PAYMENT. City accepts Contractor's Bid Proposal as stated and agrees to pay t he
consideration stated, at the times, in the amounts, and under the conditions specified in the Contract
Documents. Contractor agrees to accept electronic payment from the City.
4. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil
Code section 2782 (if applicable), 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 (incl uding 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 by the 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.
/ / /
/ / /
FIN 4.0/11-26-12
RC PRODUCTS 1.13 Rev. 12 14 17
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:
Dated:
By:
Name:
(Type or print written signature.)
Title:
Dated:
CITY OF FRESNO,
a California municipal corporation
By: [Name],
Purchasing Manager
Finance Department
Dated:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By:
Deputy
No signature of City Attorney required.
Standard Document #FIN 4.0 has been used
without modification, as certified by the
undersigned.
By:
[City Certifier Name]
[City Certifier Title]
Finance Department
City address:
City of Fresno
Attention: [Name], [Title]
[Street Address]
Fresno, CA [Zip]
RC PRODUCTS 2. 0 Rev. 12 14 17
CITY OF FRESNO SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 9475
GENERAL CONDITIONS
1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Bidders and
the Bid Proposal, or any of the Contract Documents, the following words shall have the meaning
herein given, unless the context requires a different meaning.
(a) "Bidder" shall mean and refer to each person or other entity submitting a bid proposal,
whether or not such person or entity shall become a Seller by virtue of award of a Contract
by the City.
(b) "City," “Buyer,” “Owner,” "Vendee" and "City of Fresno" shall each mean and refer to the
City of Fresno, California.
(c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications,
including the Instructions to Bidders, the Bid Proposal and any addenda thereto, the
Agreement and other standard Specifications, City's Specifications and other papers and
documents incorporated by reference into or otherwise referred to in any of the foregoing
documents, whether or not attached thereto.
(d) "Contractor," Seller,” "Supplier" and "Contractor" shall each mean and refer to each person
or other entity awarded a Contract hereunder and named or to be named in the Agreement
with the City to furnish the goods or services, or both, to be furnished under the Contract.
(e) "Council" and "City Council" shall each mean and refer to the Council of the City.
(f) "Goods" and "Merchandise" shall each mean and refer to the equipment, material, article,
supply or thing to be furnished by the Seller under the Contract.
(g) "Purchasing Manager" shall mean and refer to the Purchasing Manager of the City.
(h) "Specifications" shall mean and refer to all of the Contract Documents.
(i) “Working day” shall mean and refer to City regular business day.
2. PRODUCTS LIABILITY INSURANCE: If these Specifications are for equipment with moving
parts, the Contractor shall maintain, and provide the City of Fresno with verification of, manufacturer's
products liability insurance policy in excess of $1,000,000 on said Bid Item(s) equipment.
3. INDEMNIFICATION: To the furthest extent allowed by law, including California Civil Code
section 2782 (if applicable), Contractor shall indemnify, hold harmless and defend City and each of its
officers, officials, employees, agents and volunteers from any and all los s, 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 the 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
RC PRODUCTS 2. 1 Rev. 12 14 17
caused by the active or sole negligence, or by the willful misconduct, of the 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.
4. WORKMANSHIP GUARANTY: The workmanship of the goods or services provided to the
City by the Contractor will be in accordance with generally accepted standards.
5. WARRANTY: For the purchase of equipment and material, the Contractor, unless otherwise
provided in the Specifications, shall guarantee all items furnished in accordance with the standard
guarantee offered by the manufacturer to cities and consumers of the product. The Contractor shall
be responsible for all warranty costs, including the transportation costs to and from the repair station.
6. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents shall
be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for this purchase;
(2) Supplemental Agreements, Change Orders, or Contract the one dated later having precedence
over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Technical
Specifications.
Whenever any conflict appears in any portion of the Contr act, it shall be resolved by application of the
order of precedence.
7. CONTRACT DOCUMENTS: Upon award of the Contract, the Contractor shall execute and
submit all required documents (which will include the "Contract," a sample of which is included in
these Specifications on page 1.10) to the Purchasing Manager, 2600 Fresno Street, Room 2156,
Fresno, California 93721 in a form acceptable to the City of Fresno within 15 calendar days (except in
the event federal funding is applicable to this Contract, then 10 working days) from the date of Notice
of Award. Failure to provide said documents within the designated period shall be sufficient cause to
forfeit the Contractor's bid deposit and initiate a departmental recommendation to the Council to
award the Contract to the next lowest responsive and responsible Bidder.
8. ASSIGNMENT OF PAYMENT: Contractor hereby agrees it will not assign the payment of any
monies due it from the City under the terms of this Contract to any other individual(s), corporation(s)
or entity(ies). The City retains the right to pay any and all monies due Contractor directly to
Contractor.
9. PATENTS: For the purchase of equipment and material, the Contractor shall hold the City of
Fresno, its officers and employees, harmless from any and all liability for damages arising out of the
use of any patented material, equipment, device or process incorporated into or made a part of or
required by the manufacturer's specifications to be used on or in connection with the material,
equipment or supplies purchased by the City pursuant to these Specifications, and Contractor agrees,
by submission of a proposal hereunder, to defend the City, at Contractor's sole expense, in any action
or suit for damages or injunctive relief on account of any allegedly unauthorized use of or infringement
of patent rights on any patented material, equipment, device or process, if the City is named as a
defendant in any such action or suit.
10. OSHA COMPLIANCE: For the purchase of equipment and material, the items covered by this
Contract must conform with the Safety Orders of the State of California, Division of Industrial Safety,
pursuant to the California Occupational Safety and Health Act, and the Federal Standards established
by the Occupational Safety and Health Act of 1970, and their present and future amendments during
the term of this Contract. In the event of a conflict between such Safety Orders and Federal
Standards, the items shall conform to the respective Order or Standard which is more restrictive.
RC PRODUCTS 2. 2 Rev. 12 14 17
11. RECYCLING PROGRAM: In the event Contractor 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, Contractor 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.
12. DELIVERY AND EXTENSIONS: Unless otherwise provided in the Specifications, delivery
shall be made F.O.B. the specified place of delivery within the City of Fresno or environs.
If Contractor is delayed making delivery by any conditions or events beyond the reasonable
control of Contractor and without its fault or negligence such as acts of God or the public enemy, acts
of City in its contractual capacity or otherwise, illegal strikes, boycotts or like illegal obstructive action
by employee or labor organizations, illegal general lockouts or other defensive action by employers,
whether general or by organizations of employers, fires, floods, epidemics, quarantine restrictions,
and delays of common carriers; Contractor shall have no claim for damages against City for any such
cause of delay, but shall in such cases be entitled to such extension of time as shall reasonably
compensate for actual loss of time occasioned thereby, upon application to said City Manager for
such extension; provided, that no such extension of time shall be granted unless Contractor shall
have notified the Purchasing Manager in writing, of the condition or event which is expected to cause
a delay in delivery and the actual or estimated number of days of delay anticipated on account
thereof, within one week after the commencement or occurrence of the condition or event. Contractor
shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to
the Purchasing Manager of the cessation of such occurrence. The decision of said City Manager as
to the number of additional days, if any, to be allowed for completion of delivery on account of such
condition or event, shall be given in writing to Contractor.
13. PAYMENT: Unless otherwise provided in the Specifications, payment of the Contract price
shall be made by City to Contractor in lawful money of the United States by warrant of City issued and
delivered to Contractor in the ordinary course of City business promptly after completion of delivery of
the specified item(s) and their acceptance by City.
14. TERMINATION FOR CONVENIENCE: The City reserves the right to terminate this Contract
upon 60 calendar days prior written notice to the Contractor. In the event of such termination, the
Contractor shall be paid for satisfactory service performed to the date of termination.
15. TERMINATION FOR NON-PERFORMANCE: If Contractor shall (i) materially breach any of
its obligations under this Contract (including, without limitation, the failure to meet quality standards or
to complete delivery, within the time specified herein, of all or any part of the materials, equipment,
supplies or services to be provided under the Contract), and (iii) fail to commence and diligently
pursue reasonable efforts to cure such breach within 5 calendar days after written notice by the City
specifically describing the breach; the City Manager or his/her designee, acting for and on behalf of
the City, may at any time after the expiration of the time for delivery, terminate the Contract as to the
whole thereof, or in the event partial delivery has been made and accepted, as to such items or
service to be furnished which have not been delivered or accepted prior to such termination. Such
termination shall be effective upon receipt by Contractor of written notice of termination from said City
Manager or his/her designee, which notice shall be deemed to have been received by Contractor, if
RC PRODUCTS 2. 3 Rev. 12 14 17
mailed, within forty-eight hours to Contractor’s address as contained in the Contractor’s Bid Proposal
or, if personally delivered, upon the delivery thereof to Contractor, the authorized representative of
Contractor, or to the Contractor’s said address.
The Contractor may terminate this Contract if City materially breaches any of its obligations
under this Contract and fails to commence and diligently pursue reasonable efforts to cure such
breach within 30 calendar days after written notice by the Contractor specifically describing the
breach. Such termination shall be effective upon receipt by City of written notice of termination from
Contractor, which notice shall be deemed to have been received by City, if mailed, within forty-eight
hours to City’s address as contained on the signature page of the Contract or, if personally delivered,
upon the delivery thereof to the authorized representative of City or to City’s said address.
16. NOTICES: Except as otherwise expressly provided in the Specifications, any notice required
or intended to be given to either party under the terms of this Contract shall be in writing and shall be
deemed to be duly given if delivered personally 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 the Bid Proposal in the case of the Contractor
and at the address set forth on the signature page of the Contract in the case of the City, 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.
17. BINDING: Subject to the following section, once this Contract 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.
18. ASSIGNMENT: The Contract is personal to the Contractor and there shall be no assignment,
transfer, sale, or subcontracting by the Contractor of its rights or obligations under the Contract
without the prior written approval of the City. Any attempted assignment, transfer, sale or
subcontracting by the Contractor, its successors or assigns, shall be null and void unless approved in
writing by the City.
19. COMPLIANCE WITH LAW: In providing the services required under this Contract, Contractor
and its subcontractors 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 Contract.
20. WAIVER: The waiver by either party of a breach by the other of any provision of this Contract
shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this Contract. No provisions of this Contract may be waived unless in writing and
signed by all parties to this Contract. Waiver of any one provision herein shall not be deemed to be a
waiver of any other provision herein.
21. HEADINGS: The section headings in this Contract 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 Contract.
22. SEVERABILITY: The provisions of this Contract are severable. The invalidity, or
unenforceability of any one provision in this Contract shall not affect the other provisions.
23. INTERPRETATION: The parties acknowledge that this Contract in its final form is the result of
the combined efforts of the parties and that, should any provision of this Contract be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this Contract in favor of or
against either party, but rather by construing the terms in accordance with their generally accepted
meaning.
RC PRODUCTS 2. 4 Rev. 12 14 17
24. 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 the Contract, 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.
25. EXHIBITS: Each exhibit and attachment referenced in this Contract is, by the reference,
incorporated into and made a part of this Contract.
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 Contract are intended for the specific parties hereto as identified in the preamble of this
Contract. Notwithstanding anything stated to the contrary in this Contract, it is not intended that any
rights or interests in this Contract benefit or flow to the interest of any third parties other than
expressly identified within this section. The parties do intend that in the event that the State of
California is funding the purchase hereunder, that the State of California be a third party beneficiary
under this Contract and all rights, interest and benefits of this Contract accrue to the State.
28. FUNDING: This Contract is contingent on the appropriation of funds by City. Should funds
not be appropriated, this Contract may be terminated by City upon prior written notice to Contractor
notwithstanding any other provision of these General Conditions.
29. GOVERNING LAW AND VENUE: The Contract 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 the Contract and any rights and duties hereunder
shall be Fresno County, California.
30. EXTENT OF CONTRACT: Each party acknowledges that they have read and fully understand
the contents of this Contract. This Contract 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.
31. MODIFICATIONS AND CHANGE ORDERS: This Contract may be modified only by written
instrument duly authorized and executed by both City and Contractor in accordance with City’s current
applicable contract change order resolution, as may be revised. The City reserves the right to add,
modify or delete items from the Contract including, without limitation, the Special Conditions and
Technical Specifications. Any such changes shall be made only by means of a formal change order
signed by both the City and the Contractor.
RC PRODUCTS 3.0 Rev. 12 14 17
FEDERAL REQUIREMENTS
(Not applicable to this project/purchase)
4.
1
CITY OF FRESNO BID SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
LIQUID NATURAL GAS (LNG) FUEL
BID FILE NUMBER: 9475
SPECIAL CONDITIONS
TERM OF CONTRACT
This Contract shall be in effect for TWO year(s) from the date of the Notice to Proceed (“Initial
Term”). The Contract may be extended, with the mutual consent of both parties, for THREE (3)
1-year increments with price increases/decreases in accordance with the provisions set forth
herein, all other terms and conditions specified herein remaining the same. If either the City or
Contractor elects not to extend the Contract, or upon expiration of the final one-year extension
term, the Contractor shall aid the City in continuing, uninterruptedly, the requirements of the
Contract, by continuing to perform on a temporary basis, when specifically requested to do so in
writing by the Purchasing Manager, for a specified term not to exceed twelve months. Such
continuance shall be subject to price increases/decreases in accordance with the provisions set
forth herein, and all other terms and conditions remaining the same as if the Contract had been
extended for such a temporary period by an amendment hereto.
PRICING CONDITIONS
The City of Fresno intends to enter into a requirements contract for the liquid natural gas (LNG)
fuel based on SoCal Border Index Price for Spot Gas Delivered to Pipelines per MMBtu/12.104
minus any discount in cents per LNG gallon for natural gas feedstock not delivered through
pipeline. Under this contract, the city will pay for fuel, liquefaction cost, and delivery at a cost
comprised of the following components:
1. The Base Price per LNG gallon of fuel, derived from SoCal Border Index Pricing for
Spot Gas Delivered to Pipelines per MMBtu dry as published in Platts divided by
gallons/MMBtu factor of 12.104, current at the time and date that the order is placed
by the City. This price component may change on an order-by-order basis.
2. It is required of the vendor to supply the City of Fresno a current monthly report of
the natural gas pricing per the SoCal Gas Border Index. This must be supplied to
the City of Fresno via email within the first five (5) calendar days of each month,
during the effective dates of this contract.
3. The cents per LNG gallon discount, if any, for natural gas feedstock supplied from
non-pipeline sources. Examples: stranded gas well sources, digester gas sources,
landfill gas sources, etc. This price component will remain fixed for the first 24
months of the contract term.
4. The cost per LNG gallon for liquefaction to turn gaseous methane feedstock into fuel
quality liquid natural gas (LNG). This price component will remain fixed for the
first 24 months of the contact term.
5. The cost per LNG gallon of freight as bid for each delivery quantity category by the
Bidder awarded under this solicitation, will remain fixed for the initial two years of the
term of the contract, but any and all may be adjusted for any extension under the
RC PRODUCTS 4.0 Rev. 12 14 17
provisions listed in “Term of Contract”..
6. In each bid, the bidder shall provide the conversion factors that will be used for
measurement purposes. The conversion factors that shall be supplied include the
following:
number of pounds of LNG per gallon
number of pounds of LNG per MMBtu
These conversion factors are to be shown as a mathematical calculation using a base figure
of 500 pounds.
Show calculations here:
Taxes: Liquid natural gas (LNG) fuel bid prices shall exclude ALL Federal and State Motor
Vehicle Fuel Fees (MVF) or any other applicable fees and taxes. All applicable taxes are
to be added to the invoice at the time of delivery. The City will execute appropriate
Excise Tax exemption certificates to the successful supplier.
If, during the course of this contract, the Supplier’s selling price of any of the item(s) bid, is below
the contract bid price, the City will receive the lowest pricing.
TRANSPORTATION PRICING CONDITIONS
For the first twenty-four months of the Contract, pricing for transportation will be fixed at the
proposal pricing. Sixty days prior to the anniversary date of the Contract, the Contractor may submit
proposed pricing revisions for the following year to the Purchasing Manager of the City of Fresno.
The contractor must provide adequate documentation to substantiate any request for price
increase. Any increase in unit price for any item included in this Contract shall not exceed, unless
otherwise approved by the Purchasing Manager, the percent change for the following Producer’s
Price Index, as published by the Bureau of Labor Statistics: Specialized Freight Trucking (Product
Code 4842). In the event that the index drops, the Contractor shall pass on to the City an equivalent
reduction in pricing. The basis of the index shall be established as the last available month at the
date of the Notice to Proceed. Increases in pricing will not be implemented until written approval is
provided by the Purchasing Manager of the City of Fresno.
Bidders shall identify the source(s) of the LNG fuel to be delivered to the City.
Bidder shall provide immediately upon request by the City, documentation of all training and safety
records for all employees associated with the work under this RC.
The bid prices shall include all freight and delivery costs, including costs associated with loading
and unloading, and delivered F.O.B. to the City’s facilities. There shall be no fuel surcharges or any
other hidden fees.
JOINT OFFERS
Where two or more Bidders desire to submit a single bid in response to this Requirements Contract,
they should do so on a prime-subcontractor basis rather than as a joint venture. City of Fresno
intends to contract with a single firm and not with multiple firms doing business as a joint venture.
MONITORING
Vendor shall monitor the City’s LNG tanks electronically and schedule deliveries to maintain a fifty
percent (50%) level at all times. If vendor is unable to monitor the City’s tank levels electronicall y
due to electronic monitoring system failure or system is down for maintenance, the vendor shall
notify the City in a professional, responsible, and timely matter. If for any reason the vendor is
RC PRODUCTS 4.1 Rev. 12 14 17
unable to monitor the City’s tank level, the “DELIVERY” s ection will take precedence until
electronic issues are fixed and vendor is able to electronically monitor the City’s tank level.
AUTHORIZATION TO PLACE ORDERS
Names of individuals authorized to place orders will be provided in writing by the City upon or
following the issuance by the City of the Notice to Proceed. City may modify such writing from time to
time by notice to the Contractor.
CONTRACTOR’S AUTHORIZED REPRESENTATIVE
The name, mailing address, telephone number, any e-mail address and any facsimile number of
Contractor’s authorized representative shall be provided in writing by Contractor no later than 5
calendar days following the issuance by the City of the Notice to Proceed.
DELIVERY
Deliveries of fuel loads shall be completed within TWO (2) calendar days after the date of
notification by the City for release of goods against this Contract. Notification for release may be
made verbally, or in writing by the City.
If the Contractor fails to meet the specified delivery requirements, the City may procure the
goods from another source, and recover any loss (the difference between the contract price
and the purchase price paid by the City, including any shipping costs) occasioned thereby,
from the unpaid balance due the Contractor. The prices paid by the City shall be considered
the prevailing market price at the time such purchase is made.
Deliveries shall be requested in minimum quantities of Nine Thousand (9,000) gallons.
Delivery of items is to be F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED, to:
City of Fresno, Municipal Fleet Division
Attention: Lynn Franchi, Equipment supervisor
2101 “G” St, Bldg F
Fresno, CA 93706
Delivery is to be made between the hours of 8:00 A.M. and 2:00 P.M. and during regular City of
Fresno working days.
EMERGENCY ORDERS
The City at times may require LGN fuel immediately in an emergency. The emergency may be
handled on a will call basis. Therefore, Contractor shall guarantee delivery within 24 hours of the
City’s call. A 24-hour emergency call number must be supplied.
NON-DELIVERY
If the Contractor fails to meet delivery requirements, the City may, but is not obligated to, procure the
goods from another source and recover any loss occasioned thereby (including, without limitation, any
increase in cost and liquidated damages for Contractor’s delay up to date of delivery and acceptance
by City of goods from another source), from any unpaid balance due the Contractor or through
reduction of future invoices. Otherwise, Contractor will reimburse City within 30 days of receipt of
invoice from the City. The price paid by the City shall be considered the prevailing market price at the
time purchase is made. City will notify Contractor of any decision to procure the goods from another
source. Such notification may be by telephone, electronic mail, or facsimile to Contractor or
Contractor’s authorized representative.
RC PRODUCTS 4.2 Rev. 12 14 17
LIQUIDATED DAMAGES
Time of delivery is of the essence, and the City and Contractor, by executing the Contract, each agree
that actual damages to the City, and actual damages for the inconvenience and loss which will flow to
the inhabitants of the City, from any delay in delivery beyond the date or dates provided herein, or
portions thereof, are extremely difficult or impossible to determine, and, accordingly, it is agreed that
the Contractor shall be liable for and shall pay to the City, as fixed, agreed, and liquidated damages,
and not as a penalty the sum of TWO HUNDRED DOLLARS ($200.00) per day for each calendar day
of delay in delivery of item(s) from the maximum delivery date as specified herein or in any written
extension of time granted by the City. Such payment due the City will be deducted by the City from
any payments due to the Contractor for item(s) delivered. Otherwise, Contractor will reimburse City
within 30 days of receipt of invoice from the City.
PAYMENT
The Contractor shall be eligible for progress payments upon delivery and acceptance of any number
of items.
The Contractor must invoice the correct department in the City of Fresno, MUNICIPAL FLEET
DIVISION, in order to initiate the payment process. Invoices shall be supplied in duplicate and
conspicuously displayed with the City of Fresno Purchase Order Number and shall be sent to:
City of Fresno, Municipal Fleet Division
Attention: Lynn Franchi, Equipment supervisor
2101 “G” St, Bldg F
Fresno, CA 93706
RC PRODUCTS Rev. 7-
14 5.0
CITY OF FRESNO SPECIFICATIONS
PRODUCT REQUIREMENTS CONTRACT FOR
TITLE
BID FILE NUMBER: 9475
TECHNICAL SPECIFICATIONS
GENERAL
(a) It is the purpose and intent of these Specifications to describe the minimum requirements for THE
SUPPLY OF LIQUID NATURAL GAS (LNG) FUEL to be used by MUNICIPAL FLEET Division of the
TRANSPORTATION Department within the City of Fresno.
(b) All items not specifically mentioned which are required for a complete unit shall be included in the
unit bid price.
(c) All equipment and accessories to be furnished must be new and in current production. All products
shall conform in design, strength, quality of material and workmanship to current industry standards.
(d) Each bid shall be accompanied by a copy of any applicable manufacturer's Published Price List or
website, and two copies of the manufacturer's descriptive literature and specifications or website,
including a copy of the manufacturer's standard warranty.
(e) All equipment and accessories shall comply with regulations of the Federal Occupational Safety and
Health Administration (OSHA) and the California Occupational Safety and Health Administration
(Cal/OSHA), whichever is more restrictive.
TECHNICAL SPECIFICATIONS:
Bid Item 1. For bid evaluation purposes only, the unit price for Bid Item 1 shall be set for all
Bidders at $1.00 per LNG gallon as a theoretical SoCal Border Index commodity price
and is not necessarily the price to be used in calculating the price charged to the City.
Bid Item 2. Bidder shall list here the price per LNG gallon amount to be deducted from the SoCal
Border Index price, if any.
Bid Item 3. The cost of liquefaction to produce liquefied natural gas from pipeline natural gas or
other natural gas feedstock.
Bid Item 4. The cost per gallon for freight to deliver truck and trailer loads of LNG to the City of
Fresno Municipal Service Center from a fuel source located within the State of
California.
1. FUEL QUALITY SPECIFICATIONS
a. The liquid natural gas (LNG) fuel furnished shall meet the following minimum
specifications as the time of delivery to the City of Fresno:
Minimum Methane Number of 75.
b. The LNG fuel supplied shall meet or exceed all current and future fuel specifications for
quality for Cummins engines.
RC PRODUCTS Rev. 7-
14 5.0
c. The successful bidder shall, at its own expense, conduct regular quality and
composition tests and analyses of the LNG being delivered to the City. The successful
bidder shall, at all times, keep on file the written laboratory reports containing the
specifications of the successful bidder’s source LNG from which the City’s supply is
drawn. At any time, the City may inspect or request copies of these reports.
Furthermore, the City shall have the right, at its sole costs, to independently test or
analyze the LNG delivered by the successful bidder.
d. The maximum temperature of the LNG at time of delivery shall be no higher than minus
240 degrees Fahrenheit and delivered as “unsaturated fuel”. The temperature
reference will be measured on the tanker truck on an as needed basis. Vendor is
responsible for providing a means of accurate measurement.
e. The maximum delivery tanker pressure shall be 60 psig.
2. VENDOR RESPONSIBILITY
a. In the event that the LNG fuel supplied by the successful bidder fails to meet the
specifications, the supplier may be required to remove the contaminated fuel, clean the
tanks, and refill them with non-contaminated fuel at the Suppliers expense.
b. The Successful Bidder will be liable for any damage or citations which may be incurred
as a result of any fuel spills during any part of transit or delivery. In addition, the City of
Fresno reserves the right to cancel the Agreement of any Supplier or Carrier who
delivers in a negligent or careless manner.
c. The Successful Bidder shall have title to and bear risk of any loss of or damage to the
fuel purchased hereunder until product is delivered in conformity with this agreement at
the F.O.B. point specified, and upon such delivery title shall cease, except for loss or
damage resulting from the Supplier’s or Carrier’s negligence. Passing of title upon
delivery shall not constitute acceptance of product by the City of Fresno.
3. DELIVERY
a. The fueling site at the City’s Fleet Management Division LNG fuel station consists of
two (2) 6,000 gallon capacity Nexgen IMC 6000 semi-portable fuel station modules and
two Nexgen 15,000 gallon capacity vertical storage tanks with transfer pump system.
b. Delivery hours are from 8:00 am to 2:00 pm Monday through Friday; excluding city
recognized holidays (a list will be provided to the successful bidder). Delivery drivers
should check-in with a Fleet Management Supervisor prior to unloading fuel
c. The complete LNG fuel trailer and transport vehicle shall be weighed at an adjacent
certified scale prior to unloading for gross weight and re-weighed at the same scale for
tare and residual fuel weight after unloading fuel. Both weight certificates shall be
attached to the invoice, the City will not pay any invoice without the weight certificates
attached with the invoice. The differential will be the billing weight and no charge will be
assessed by the bidder for weigh charges.
4. HAZARDOUS SUBSTANCES
a. CAL-OSHA Requirements
All flammable, corrosive, toxic, or reactive materials being bid must have a
complete CAL-OSHA Material Safety Data Sheet accompanying the submitted bid.
RC PRODUCTS Rev. 7-
14 5.0
b. Notice of Hazardous Substances
Title 8, California Code of Regulations, Section 5194(e) (c) states that the
employer must inform any contractor employers with employees working in the
employer’s workplace of the hazardous substances to which their employees may be
exposed while performing their work. In compliance with this requirement, the City of
Fresno hereby gives notice to all Bidders that the following general categories of
hazardous substances are present on City of Fresno premises:
Adhesives, sealant, patching, and coating products
Antifreezes, coolants
Cleaner, detergents
Paints, thinners, solvents
Pesticides, Petroleum products (diesel and unleaded fuel, oil products)
Printing, photocopying materials
Propane Welding materials/compressed gases (e.g., acetylene, oxygen,
nitrogen)
More specific information may be obtained from the City of Fresno Fleet Management office at 2101
G Street Bldg F, phone 559-621-1397, and from Material Safety Data Sheets for individual products
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1337 Agenda Date:11/8/2018 Agenda #:3-C
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:GREGORY A. BARFIELD, Interim 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 cooperative purchase agreement to Ruckstell Sales of Fresno, California, for
the purchase of two 520 Peterbilt rear-loading refuse trucks in the amount of $612,959.33
RECOMMENDATION
Staff recommends Council approve the award of a cooperative purchase agreement to Ruckstell
Sales of Fresno,California,for the purchase of two 520 Peterbilt rear-loading refuse trucks in the
amount of $612,959.33.
EXECUTIVE SUMMARY
The Solid Waste Management Division,under the Department of Public Utilities (DPU),wishes to
purchase two 520 Peterbilt rear-loading refuse trucks to replace units past their useful life.The two
new units will be used by the Solid Waste Management Division to complete residential routes
currently assigned to older trucks in need of replacement.The new trucks will be Heil 27 yard
Durapack 5000 bodies on 520 Peterbilt chassis.This combination has proven to be reliable within the
fleet and will continue to be the standard as the older and discontinued trucks are removed from
service.The Municipal Fleet Division recommends this purchase based on the age and mileage of
the trucks identified for replacement.The units would be purchased through a competitively solicited
cooperative procurement process administered by Source Well,formally the National Joint Powers
Alliance (NJPA).
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File #:ID18-1337 Agenda Date:11/8/2018 Agenda #:3-C
BACKGROUND
The Solid Waste Management Division is responsible for sanitation programs such as Operation
Clean-up,litter control,and FresGO for over 111,000 residential customers.Fifteen drivers service a
112 square mile area recycling discarded lumber,appliances,and various other large objects that
would otherwise end up in a landfill.In 2017,Solid Waste Management removed over 25,400 tons of
refuse from the city through these programs alone.
To keep these operations moving forward,the Solid Waste Management Division operates 15 rear-
loading refuse trucks throughout the city.The Fleet Management Division has identified the Heil
bodied Peterbilt rear loading refuse truck as the preferred unit to perform these varied activities.Both
Peterbilt and Heil have been in business for more than 25 years and have local dealerships in Fresno
to quickly support the fleet.The City of Fresno has been using Heil bodies in its fleet for 14 years and
has experienced success in the functionality and durability of this product.In 2015,the Peterbilt
chassis was evaluated against other like products by Solid Waste Management,The Department of
Transportation,and representatives of Local 39.The final determination was that the Peterbilt
chassis was the superior product;and,since 2015,Peterbilt units have continued to perform well in
the fleet.
The rear-loading refuse trucks are on an eight-year or 120,000 mile replacement schedule,which has
been established by the Fleet Management Division as the optimum replacement time.Currently,two
units have been identified for replacement as they are over this limit by both age and mileage.
The equipment will be purchased utilizing competitively solicited cooperative procurement process
administered by Source Well.The purchase price per unit is $306,479.67.This price includes the
Source Well discount applied to City purchases,as well as delivery and sales tax at 7.975 percent.
The Purchasing Division has approved this agreement and recommends Council to approve.
ENVIRONMENTAL FINDING
By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the
award of this agreement does not qualify as a “project.”
LOCAL PREFERENCE
Local preference is not applicable as the City is not issuing a request for quote for this cooperative
purchase agreement.
FISCAL IMPACT
No General Funds will be used to purchase these items.The funding to cover the purchase cost of
the two 520 Peterbilt rear-loading refuse trucks has been included in the FY19 Adopted Budget under
the operations of the Solid Waste Management Division.
Attachment:
Heil Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1338 Agenda Date:11/8/2018 Agenda #:3-D
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:GREGORY A. BARFIELD, Interim 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 cooperative purchase agreement to Ruckstell Sales of Fresno, California, for
the purchase of seven 520 Peterbilt side-loading refuse trucks in the amount of $2,584,142.57
RECOMMENDATION
Staff recommends Council approve the award of a cooperative purchase agreement to Ruckstell
Sales of Fresno,California,for the purchase of seven 520 Peterbilt side-loading refuse trucks in the
amount of $2,584,142.57.
EXECUTIVE SUMMARY
The Solid Waste Management Division,under the Department of Public Utilities,wishes to purchase
seven 520 Peterbilt side-loading refuse trucks to replace units past their useful life.The seven new
units will be used by the Solid Waste Management Division to complete residential routes currently
assigned to older trucks in need of replacement.The new trucks will be Heil 30 yard rapid rail bodies
on 520 Peterbilt chassis.This combination has proven to be reliable within the fleet and will continue
to be the standard as the older and discontinued trucks are removed from service.The Municipal
Fleet Division recommends this purchase based on the age and mileage of the trucks identified for
replacement.The units would be purchased through a competitively solicited cooperative
procurement process administered by Source Well,formally the National Joint Powers Alliance
(NJPA).
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File #:ID18-1338 Agenda Date:11/8/2018 Agenda #:3-D
BACKGROUND
The Solid Waste Management Division is responsible for the collection of municipal solid waste,
recyclables,green waste,and operation clean-up for over 111,000 residential customers.The 80
sanitation operators travel nearly 1.1 million miles,make over 17 million stops,and collect over
239,000 tons of material annually.The Solid Waste Management Division also oversees litter control
and FresGO customer responses for 112 square miles.
To accomplish this mission,the Solid Waste Management Division operates 87 refuse collection
trucks throughout the city.The Fleet Management Division has identified the Heil bodied Peterbilt
side-loading refuse truck as the preferred unit to perform collection throughout the city.Both Peterbilt
and Heil have been in business for more than 75 years and have local dealerships in Fresno to
quickly support the fleet.The City of Fresno has been using Heil bodies in its fleet for 14 years and
has experienced success in the functionality and durability of this product.In 2015,the Peterbilt
chassis was evaluated against other like products by Solid Waste Management,the Department of
Transportation,and representatives of Local 39.The final determination was that the Peterbilt
chassis was the superior product;and,since 2015,Peterbilt units have continued to perform well in
the fleet.
The side-loading refuse trucks are on an eight-year or 120,000 mile replacement schedule,which
has been established by the Fleet Management Division as the optimum replacement time.Currently,
seven units have been identified for replacement as they are over this limit by both age and mileage.
The equipment will be purchased utilizing competitively solicited cooperative procurement process
administered by Source Well.The purchase price per unit is $369,163.22.This price includes the
Source Well discount applied to City purchases,as well as delivery and sales tax at 7.975 percent.
The Purchasing Division has approved this agreement and recommends Council to approve.
ENVIRONMENTAL FINDING
By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the
award of this agreement does not qualify as a “project.”
LOCAL PREFERENCE
Local preference is not applicable as the City is not issuing a request for quote for this cooperative
purchase agreement.
FISCAL IMPACT
No General Funds will be used to purchase these items.The funding to cover the purchase cost of
the seven 520 Peterbilt side-loading refuse trucks has been included in the FY19 Adopted Budget
under the operations of the Solid Waste Management Division.
Attachment:
Heil Agreement
City of Fresno Printed on 3/10/2023Page 2 of 2
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1339 Agenda Date:11/8/2018 Agenda #:3-E
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:GREGORY A. BARFIELD, Interim 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 cooperative purchase agreement to Quinn Company of Fresno, California,
for the purchase of one Caterpillar Model PM622 cold planer machine in the amount of $613,093.92
RECOMMENDATION
Staff recommends Council approve the award of a cooperative purchase agreement to Quinn
Company of Fresno,California,for the purchase of one Caterpillar Model PM622 cold planer
machine in the amount of $613,093.92.
EXECUTIVE SUMMARY
The Department of Public Works,Street Maintenance Division is requesting the replacement of one
Caterpillar Model PM622 cold planer machine at a total cost of $613,093.92.The division will utilize
this new unit to remove old asphalt and prepare road surfaces for re-paving within the City of Fresno.
The new Caterpillar Model PM622 will be replacing a 20-year-old machine that is past its useful life
and out of service due to cost prohibitive repairs.The Municipal Fleet Division recommends the
purchase based on age and condition.The replacement unit would be purchased through a
competitively solicited cooperative procurement process administered by Source Well,formerly,the
National Joint Powers Alliance (NJPA).
BACKGROUND
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File #:ID18-1339 Agenda Date:11/8/2018 Agenda #:3-E
The Department of Public Works,Street Maintenance Division is responsible for maintaining 1,740
miles of city streets and boulevards.As street pavements degrade to the end of their service life,
asphalt overlays are needed to restore the street back to a good and serviceable condition.This key
maintenance treatment is performed annually by the Street Maintenance Division,and the cold
planing machine is the primary piece of equipment used to prepare the surface for a new asphalt
overlay.This cold planing machine,in conjunction with the paving machine,is used by City crews to
complete nearly 70 lane miles of road each season,which equates to nearly 60,000 tons of asphalt
annually. The end product is a new road surface and in some cases a wider more modern layout.
To accomplish this mission,the Street Maintenance Division operates two aging cold planing
machines.The new Caterpillar Model PM622 cold planer machine will be more efficient,and deliver a
superior base road surface,with less down time.The new machine will have a ten-inch wider milling
width,allowing crews to remove larger areas of asphalt in every pass.This means fewer passes and
a faster asphalt removal process.The PM622 is powered by a Tier 4 final engine,which is the
highest level emissions standard set by the California Air Resources Board.This new unit will allow
the City of Fresno to replace the aging Tier 1 planing machine and positively affect its compliance
now and in the future.
The cold planing units are on a ten-year replacement schedule,which has been established by the
Municipal Fleet Division as the optimum replacement time.The unit identified for replacement is 20
years old,and has well exceeded its useful life.This unit is also in-operable and would require a
significant overhaul to return it to working order.The Municipal Fleet Division recommends
replacement based on the unit age and condition.
If approved by Council,the Caterpillar Model PM622 cold planer machine will be purchased utilizing
competitively solicited cooperative procurement process administered by Source Well,formerly,the
NJPA.The total purchase price is $613,093.92.This price includes the Source Well discount applied
to City purchases,as well as delivery and sales tax at 7.975 percent.The Purchasing Division has
approved this agreement and recommends Council to approve.
ENVIRONMENTAL FINDING
By the definition provided in the California Environmental Quality Act Guidelines Section 15378,the
award of this agreement does not qualify as a “project.”
LOCAL PREFERENCE
Local preference is not applicable.The City is not issuing a request for quote for this cooperative
purchase agreement.
FISCAL IMPACT
No General Funds will be used to purchase this item.The Gas Tax funding to cover the purchase
cost of the Caterpillar Model PM622 cold planer machine has been included in the FY19 adopted
budget under the operations of the Department of Public Works, Street Maintenance Division.
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File #:ID18-1339 Agenda Date:11/8/2018 Agenda #:3-E
Attachment:
CAT Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1306 Agenda Date:11/8/2018 Agenda #:3-F
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:MICHAEL CARBAJAL, Director
Department of Public Utilities
SUBJECT
Actions pertaining to receiving Unreleased Restoration Flows from Millerton Lake:
1.Adopt findings of statutory exemption pursuant to CEQA Guidelines Section 15282(u).
2.***RESOLUTION - Authorizing The Execution Of Contracts Annually For Unreleased
Restoration Flows Between The United States Bureau of Reclamation and the City Of Fresno
Through February 28, 2025. (Citywide) (Subject to Mayor’s veto)
RECOMMENDATION
The Administration recommends that Council adopt findings of a statutory exemption pursuant to
CEQA Guidelines Section 15282(u),and authorize the Director of Public Utilities or designee to
purchase Unreleased Restoration Flows (URFs)from Millerton Lake from the U.S.Bureau of
Reclamation (Bureau)each year if available and the City is able to take them through February 28,
2025.
EXECUTIVE SUMMARY
Depending upon precipitation and hydrology,the Bureau’s San Joaquin River Restoration Program
(SJRRP)Administrator may announce the availability of additional water supply from Millerton Lake
through URFs annually.Each year the SJRRP Administrator determines the water supply required to
accommodate SJRRP demands;and if all of the water allocated to the SJRRP is not required to meet
the demands,then the SJRRP Administrator may issue a declaration announcing that URFs may be
released to Friant Division Contractors from Millerton Lake.The URF program is authorized through
February 28,2025.The City has requested URFs for Water Year 2018-2019 and each year will
request URFs if they are needed and would be beneficial to the City.
This Resolution is required by the Bureau for the City to accept URFs.The Administration
recommends that the Fresno City Council adopt the attached Resolution to authorize the Director to
purchase URFs from Millerton Lake for a purchase price yet to be determined,in Water Year 2019-20
and each year through February 28,2025.URFs are a type of water supply incorporated into the
City’s 9D contract, which has been approved previously by the Fresno City Council.
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File #:ID18-1306 Agenda Date:11/8/2018 Agenda #:3-F
BACKGROUND
On December 22,2010,the City entered into a contract (9D Contract)with the Bureau providing for a
Class 1 allocation of Central Valley Project (CVP)Water (Project Water)from Millerton Lake.In
accordance with the 9D Contract,on an annual basis the USBR shall make available for delivery to
the City 60,000 acre-feet of Class 1 water for municipal and industrial purposes,subject to the terms
and conditions of the 9D Contract and regional hydrologic conditions.The Bureau’s water year for
Millerton Lake operations runs from March 1st to February 28th each year.
On or about February 20th of each year,the 9D Contract requires the Bureau to announce an initial
declaration of Project Water to be made available to the City and other Friant Division Contractors.
The annual declaration can be adjusted during the year depending upon CVP operational conditions
and regional hydrologic conditions.Once the annual declaration is made,the 9D Contract requires
the City to submit to the Bureau a written schedule defining when the City will take delivery of surface
water from Millerton Lake.The 9D Contract requires the City to submit its delivery schedule by
March 1st of each year.
One of the features of the City’s 9D Contract is the ability for the City to purchase additional types of
water supply from Millerton Lake when such additional types of water supply are available.Additional
types of water supply referenced in the City’s 9D contract include:215 Releases (non-storable flood
flows);Uncontrolled Season Releases (i.e.preemptive flood-releases);Recirculated Water Flows;
Recovered Water Flows (RWA);and Unreleased Restoration Flows (the URFs at issue).While all of
these types of water supply are incorporated into the City’s 9D contract which has been approved by
the Fresno City Council,the Bureau requests that Council adopt a resolution of intent to make
payment for these additional types of water supply from Millerton Lake when they are available.This
agenda item is to adopt a similar resolution to purchase Unreleased Stream Restoration Flows from
Millerton Lake.
The Administration recommends that Council approve the attached Resolution to take delivery of
Unreleased Restoration Flows from Millerton Lake if they are made available by the SJRRP
Administrator for purchase,by entering into contract with the Bureau for URFs each year through
February 28,2025,upon approval as to form by the City Attorney’s Office.The current URF Contract
has been reviewed and approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined that
it falls within the Statutory Exemption set forth in CEQA Guideline Section 15282(u),which exempts
temporary changes in the point of diversion,place of use,or purpose of use due to a transfer or
exchange of water or water rights as set forth in Section 1729 of the Water Code,because the
purchased water will be temporarily diverted from its standard path in the San Joaquin River to senior
water rights holders.
LOCAL PREFERENCE
Local preference was not considered because the purchase of surface water does not include a bid
or award of a construction or services contract.
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File #:ID18-1306 Agenda Date:11/8/2018 Agenda #:3-F
FISCAL IMPACT
There is no financial obligation for the General Fund for this surface water purchase.The funding
source for this surface water purchase will be the Water Enterprise Fund.For Fiscal Year 2019,the
Water Division allocated $250,000 in the appropriated budget for other potential water charges,
specifically,carry over charges for Millerton Lake water supplies.Projected savings from this amount
along with those from CVP water deliveries that could be accessed if the full contracted allocation of
60,000 acre-feet is not delivered,can be used for the purchase of 215,URF,Uncontrolled Season,
and Recirculated Water,if those water supplies become available.For subsequent fiscal years,the
Water Division will continue to allocate contingency funds for URFs and other water supplies if they
become available.
Attachments:
Resolution
Agreement No. 19-WC-20-5330
City of Fresno Printed on 3/10/2023Page 3 of 3
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1341 Agenda Date:11/8/2018 Agenda #:3-G
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:MICHAEL CARBAJAL, Director
Department of Public Utilities
THROUGH:DEJAN PAVIC, Supervising Professional Engineer
Department of Public Utilities - Utilities Planning & Engineering
BY:MARTIN WENDELS, Project Manager
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Actions pertaining to the City of Fresno’s Kings River Pipeline Project:
1.***RESOLUTION -13th Amendment to the Annual Appropriation Resolution (AAR)No.2018-
157 to appropriate $2,803,100 to provide additional funding for construction contract change
orders and support services costs for the Kings River Pipeline Project (Council District 5 and
Fresno County) (Requires 5 affirmative votes) (Subject to Mayor’s Veto)
2.Approve Contract Change Order No.6 and Contract Change Order No.7 to the construction
contract with Garney Pacific Inc.,for the City of Fresno’s Kings River Pipeline Project to
increase the lump sum contract value by a combined total of $705,553 and extend Substantial
Completion date by a combined total of 106 days -Bid File 3433 (Council District 5 and
Fresno County)
RECOMMENDATIONS
Staff recommends that City Council adopt the 13th Amendment to the Annual Appropriation
Resolution (AAR)No.2018-157 to appropriate $2,803,100 in additional funds for the construction
Contract Change Orders (CCO)and project costs to construct the City of Fresno’s (City)Kings River
Pipeline Project (Project)and approve CCO No.6 and CCO No.7 to the construction contract for the
Project.
EXECUTIVE SUMMARY
On May 12,2016,City Council awarded a contract to Garney Pacific Inc.,for construction of the
Project in the amount of $45,583,750.Notice to Proceed (NTP)with construction was issued on
June 27,2016.The 5 previously approved CCOs and CCOs No.6 and No.7,recommended for
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File #:ID18-1341 Agenda Date:11/8/2018 Agenda #:3-G
June 27,2016.The 5 previously approved CCOs and CCOs No.6 and No.7,recommended for
approval by City Council,incorporate necessary modifications to various added and deleted work
items and appurtenances in meeting design intent and Project operational,safety,and security
requirements.CCO No.6 and CCO No.7 add 80 days and 26 days,respectively,to the Substantial
Completion date.The 5 previously approved CCOs and CCO No.6 and CCO No.7 have been
incorporated into the construction contract for a net total increase of $705,553 (1.55%),resulting in a
new total construction contract value of $46,289,303.The additional $2,097,547 (for a combined
total additional appropriation of $2,803,100)is needed for additional staff,project management,
construction management,and project inspection costs already incurred or projected to be incurred
through the end of the current fiscal year,necessitated by Project modifications and construction time
extensions.The additional costs will be covered by contingencies within the Project budget and
funded by the State Revolving Fund (SRF) Low Interest Loan for the construction of the Project.
BACKGROUND
On February 26,2015,the City Council adopted a five-year water utility rate plan to finance the
construction of a five-year water capital plan totaling approximately $429 million.The five-year
capital plan included the construction of the Project.Consistent with the Council approved rate plan
and capital plan,the Project is a 13-mile 72-inch diameter pipeline that conveys raw water for
treatment from a diversion on the Fresno Canal No.3 to the Southeast Surface Water Treatment
Facility.The diversion facility is located near the intersection of Trimmer Springs Road and the
Fresno Irrigation District Fresno Canal No.3 about 3,800 feet downstream of the Fresno Canal No.3
headgates on the Kings River.The Project will allow the City to more effectively use its existing
Kings River water allocations and reduce reliance on ground water.
On March 15,2016,the City received eight bids from pre-qualified contractors in response to the
City’s solicitation for construction bids for the Project.Based on the City’s evaluation of the
construction bids submitted,Garney Pacific Inc.,was determined to be the lowest responsive and
responsible pre-qualified bidder for construction of the City’s Project in the amount of $45,583,750.
On May 15,2016,a contract to construct the Project was awarded,and NTP was issued on June 27,
2016.The Project was substantially complete June 15,2018.Subsequent to NTP,a total of five
CCOs have been executed to date (attached for reference as Attachment 4),and together with CCO
No.6 (Attachment 2)and CCO No.7 (Attachment 3),recommended for City Council approval,result
in a cumulative increase to the contract value of $705,553 and a substantial completion extension of
200 days (for CCOs No.1 through No.7).CCOs No.1 through No.7 incorporate necessary
modifications to various miscellaneous added and deleted work and appurtenances in meeting
design intent and Project operational,safety,and security requirements,resulting in a new total
construction contract value of $46,289,303.The additional $2,097,547 (for a combined total
additional appropriation of $2,803,100 per this 13th amendment to AAR No.2018-157)is needed for
additional staff,project management,construction management,and project inspection costs already
incurred or projected to be incurred through the end of the current fiscal year,necessitated by Project
modifications and construction time extensions.These increased costs will be covered by
contingencies within the Project budget from loan proceeds available through the approved SRF Low
Interest Loan.
ENVIRONMENTAL FINDINGS
Adoption of an amendment to AAR and approval of CCOs No.6 and No.7 to an existing construction
contract are not a “project”for the purpose of the California Environmental Quality Act (CEQA),andCity of Fresno Printed on 3/10/2023Page 2 of 3
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File #:ID18-1341 Agenda Date:11/8/2018 Agenda #:3-G
contract are not a “project”for the purpose of the California Environmental Quality Act (CEQA),and
do not involve commitment to any specific project which may result in a potentially significant physical
impact on the environment as contemplated by CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference was not implemented because this action pertains to an existing construction
contract.
FISCAL IMPACT
There is no impact to the General Fund.The Project is located in Council District 5 and Fresno
County.The approval of an amendment to the AAR is required to appropriate additional funds for
construction Contract Change Orders and support costs within the SRF Low Interest Loan fund.The
cost of debt service for this SRF Low Interest Loan was incorporated into the water rate model used
to create the five-year utility rate plan that was adopted by City Council on February 26, 2015.
Attachments:
13th Amendment to the Annual Appropriation Resolution No. 2018-157 (Attachment 1)
Contract Change Order No. 6 (Attachment 2)
Contract Change Order No. 7 (Attachment 3)
Contract Change Orders No. 1 through No. 5 (Attachment 4)
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Date Adopted: 1 of 2
Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 13th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2018-157 TO
APPROPRIATE $2,803,100 TO PROVIDE ADDITIONAL FUNDING
FOR CONSTRUCTION CONTRACT CHANGE ORDERS AND
SUPPORT SERVICE COSTS FOR THE KINGS RIVER PIPELINE
PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2018-157 be and is hereby
amended as follows:
Increase/(Decrease)
TO: PUBLIC UTILITIES DEPARTMENT
SRF Kings River Pipeline Loan $ 2,803,100
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
SRF Kings River Pipeline Loan
Revenues:
Account: 39011 Loan Proceeds - Oth Than wi City $ 2,803,100
Fund: 40161
Org Unit: 411501
Total Revenues $ 2,803,100
Appropriations:
Account: 51101 Permanent Salaries $ 269,600
53302 Prof Svcs/Consulting-Outside 1,157,900
57507 Contract Construction 896,000
59101 Var Interdept Reimb to Gen Fnd 300,000
59117 Overhead 179,600
Fund: 40161
Org Unit: 411501
Project: WC00057
Total Appropriations $ 2,803,100
2 of 2
THAT the purpose is to provide additional funds for construction contract change orders
and support services for the Kings River Pipeline Project .
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 , 2018
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Veto: , 2018
YVONNE SPENCE, MMC
City Clerk
BY: ____________________________
Deputy
Cl:y o'
FRES^^
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
1910 East University Avenue, Fresno, California, 93721
CONTRACT CHANGE ORDER NO.
fresnO
CONTRACT AWARDED BY: Fresno City Council
PROJECT: Kings River Pipeline
DATE OF AWARD:May 12th 2016
P.O. NO: FRSNO-
000007
0741 PROJECT ID NO: WC000057 BID FILE NO:3433
CONTRACTOR: Garney Pacific Inc.
The Contractor is hereby requested to make the herein described changes from the Confract Documents or do the foUowing described work
not included in the plans and specifications on this contract. NOTE: THIS CHANGE IS NOT EFFECTIVE UNTIL FULLY EXECUTED.
Description of Requested Change:
I. CHANGES TO CONTRACT PLANS AND SPECIFICATIONS.
A. This Change Order No. 1 adds an additional 60 calendar days to the contract time due to conflicting nature of how the
contract documents specify "Substantial Completion" vs "Final Completion."
CONTRACT PRICE
A. No cost impacts.
CONTRACT TIME
B. Contract Change Order No.1 results in a net time increase of 60 calendar days to the original contract time
STATEMENT OF CONTRACT PRICE STATEMENT OF CONTRACT TIME
Original Contract Price
Approved Cost Change Orders to Date
Cost of this Change Order
Total of all Contract Cost Change Orders
including this Change Order
Net percentage change in Contract Price
from original Contract Price
Revised Contract Price
$ 45.583,750.00 Contract Dates
Contract Notice to Proceed
See (Pg 2)Calendar Days to Substantial Completion
Calendar Days to Final Completion
Computed Date for Substantial Completion
Computed Date for Final Completion
Time Extension Days For Contract
Time extension days this CCO
Total time extension days previous CCD's
0.0%
$ 45,583,750.00
Total Time Extension Days To Date
Excess Adverse Weather Days To Date (Pg
Suspended Work Days To Date
Revised Substantial Completion Date
Revised Final Completion Date
Calendar
6/27/2016
11/23/2017
1/22/2018
1/22/2018
323/2018
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefore the price shown above.
Acceptance Date:
Accepted By:
Contractor: Garney Pacific Inc.
Title:
If the contractor does not sign acceptance of Ihis order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work.
OWNER APPROVAL
Submitted fly:
Authorized B
Approved By
Approved By
Recommended By:
' Karr,Construction Manager
Public Utilities Water Division Manager
Public Utilities Director
□ City Council Minutes of Meeting Dated:
RahcJy HqB^an, ProjeDfMa^iager
Thomas
Date: j ZOl7
Date: C?
Date
iCouna! approval required il change order or total change dfderseKeed iQ^^fdbnt of contract pnce or if individual change order)exceeds Fresno City Charter limit or Section 33422 Heallfi anrjiSafety Code for Agenc/ contracts)
Page 1 of 3
City o'DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
CONTRACT CHANGE ORDER NO.
Change Order Details
FRESNd
3eCJ'i<>K Our Mdfcr ^'UlUP
The Contractor's BID PROPOSAL FORM In the Bidding and Contract Documents of the
Kings River Pipeline Project Contract Documents states in Section 1.5 "The Contractor
shall diligently prosecute the work to completion for all bid items before the expiration of
575 calendar days from the date of the Notice to Proceed (NIP)."
Based on review of the Contractor's wort( plan and schedule, the City concurs that
additional time beyond that allowed in the original contract Is needed by the Contractor to
complete the work. Therefore, the City agrees to add 60 calendar days to the contract
time, resulting In a Subslantial Completion date of January 22. 2018 and a Final
Completion date of March 23. 2018.
As described in Division 2. in the "COMPLETION" section, completion Includes
Substantial Completion and Final Completion Thus, the contract temi, originally 575
days and herein modified to be 635 days. Is through Final Completion of the work.
As described in Division 2, in the "FINAL APPLICATION FOR PAYMENT AND FINAL
PAYMENT" section, the Contractor must complete punch Nst work and corrective items
(as identifred in the Punch List provided to the Contractor upon Substantial Completion)
prior to expiration of 60 calendar days immediately following issuance ot a Certificate of
Subslantial Completion. Thus, Subslantial Completion Is required to be achieved 60 days
prior to Final Completion.
As described in Division 2, in the "EXTENSION OF TIME- LIQUIDATED DAMAGES"
section, for the purpose of considering and assessing liquidated damages, and only for
this purpose. 'Work shall be considered complete in accordance with the provisions of the
foregoing section entitled "COMPLETION" and issuance of a Certiricate of Completion".
Thus, liquidated damaged will be assessed for each and every day that work required to
be completed phor to Subslantial ComF^etion remains unfinished past the lime for
Substantial Completion, originally 515 calendar days and herein modified to be 575
calendar days.
Time increaseAmountCto^ie Outer Request Description
60
Page 2 of 3
(;itv of
F^ES^
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
Adverse Weather Delay Days
FRESNO
; Oof '/taiQi t-'Lii
Agreed Adverse Weather Days
Excess AWDs to be
Month AWDs Applied to Contract
Time
Jun-16 0 0
Jul-16 0 0
Aug-16 0 0
Sep-16 0 0
Oct-16 0 0
Nov-16 0 0
Dec-16 □0
Jan-17 0 0
Total Excess AWDs
Page 3 of 3
city of DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
1910 East Universitv Avenue, Fresno, California, 93721
RECHARGE
FRESNO
Securins Our Wator Future
CONTRACT CHANGE ORDER NO.
CONTRACT AWARDED BY: Fresno City Council
PROJECT: Kings River Pipeline
DATE OF AWARD: May 12th 2Q16
P.O. NO: FRSNO-
000007
0741 PROJECT ID NO: WC000057 BID FILE NO:3433
CONTRACTOR: Garney Pacific Inc.
The Contractor is hereby requested to make the herein described changes from the Contract Documents or do the foliowing described work
not included in the plans and specifications on this contract. NOTE: THiS CHANGE IS NOT EFFECTIVE UNTIL FULLY EXECUTED.
Description of Requested Change:
I. CHANGES TO CONTRACT PLANS AND SPECIFICATIONS.
A. This Change Order No. 2 Implements CMS boards, expedites work associated with the intake, preservation of survey
monuments, receives credit for tracer wire , and adds additional improvements to staging area.
CONTRACT PRICE
A. Contract Change Order No.2 results in a net increase of $54,830 to the contract price.
CONTRACT TIME
B. No time impacts
STATEMENT OF CONTRACT PRICE STATEMENT OF CONTRACT TIME
Original Contract Price
Approved Cost Change Orders to Date
Cost of this Change Order
Total of all Contract Cost Change Orders
including this Change Order
$ 45,583.750.00
Contract Dates
Contract Notice to Proceed
54,830 See(Pg2)Calendar Days to Substantial Completion
Calendar Days to Final Completion
54,830 Computed Dale for Substantial Completion
Computed Date for Final Completion
Time Extension Days For Contract
Time extension days this CCO
Net percentage change in Contract Price
from original Contract Price
Revised Contract Price
Total time extension days previous CCO's
0.12%Total Time Extension Days To Date
$ 45,638,579.79
Excess Adverse Weather Days To Date (Pg
Suspended Work Days To Date
Revised Substantial Completion Date
Revised Final Completion Date
Calendar
6/27 2016
11/23/2017
1/22/2018
11 23/2017
1/22/2018
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefore the price shown above.
Acceptance Date: L-j f Contractor; Garney Pacific Inc.
Accepted By:
If the contractor does not sign dccept&ice of this
Title:
is order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work.
Submitted By
Authorized By
Approved By:
OWNER APPROVAL
Recommended By:
arr. Consfruction Manager
Public Utilities Water Division Manager
Public Utilities Director
Approved By: □ City Council Minutesof Meeting Dated:
Randy Hot\nan, ProjeaCManager
Date: o4j 20(201*7
Date:
Date:
If of tottract price or if individual change c(Council approval required If change order or total changt orders^ceed-tffpercent of loifracf price or If individual change order)exceeds Fresno City Charter limit or Section 33422 Healhy^nd^fety Code for Agency contracts.)
Page 1 of 1
city ol DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
CONTRACT CHANGE ORDER NO.
Change Order Details
RECHARGE ^
FRESNQ
Securing Our Water Futur
' Descriotion ' Amount Time increase
r 'COR 002: Monthly CMS Board
Change was intiated by the City to pay for additional signage for the Belmont Nursery as $ 3,950
0
2 COR 003: Diversion Site Premium Costs
This change was intiated by the City to pay for the uplift labor cost to work on three
Saturdays to ensure the Diversion Structure was completed ahead of schedule to support
$ 8,353 0
1 ^
i
RFP 002: Survey Monument Preservation
State of California law requires pre construction survey monument location data to be filed
with the Fresno County Surveyor. This was not included as a contractor responsibility in
the contract documents, so the contractor was requested to provide a proposal to add the
work. The contractor provided proposals two different survey sources, and the City
decided that the lower cost survey firm would provide the required survey support.
$ 47,745 0
2
RFP 003: Tracer Wire Credit
This change responds to Design Engineer's recommendeation that tracer wire is no $ (17,958)0
2
WCD 002: Staging Area improvements
This change adds vehicular rumble bars and gravel surfacing at the construction staging
area common entrance from Olive Ave. This entrance is shared with three Recharge
Fresno Program contractors and the common area surfacing was not included in any
$ 12,740 0
Page 1 of 1
Clry of
m
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
Adverse Weather Delay Days
RECHARGE
FRESNO
Securing Our Water Future
Agreed Adverse Weather Pays
Excess AWDs to be
Month AWDs Applied to Contract
Time
Jun-16 0 0
Jul-16 0 0
Aug-16 0 0
Sep-16 0 0
Oct-16 0 0
Nov-16 0 0
Dec-16 0 0
Jan-17 0 0
Feb-17 0 0
Mar-17 0 0
Apr-17 0 0
Total Excess AWDs
Page 1 of 1
City of ^
FReSN%^
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
1910 East University Avenue, Fresna, California, 93721
CONTRACT CHANGE ORDER NO.
R ri^t lARi.if
Sccurdig Out Willor Futijr
CONTRACT AWARDED BY: Fresno City Council
PROJECT; Kings River Pipeline
P.O. NO: FRSNO-
000007
0741
PROJECT ID NO: WC000057
CONTRACTOR: Garney Pacific Inc.
DATE OF AWARD: May 12th 2016
BID FILE NO:3433
The Contractor is hereby requested to make the herein described changes from the Contract Documents or do the following described work
not included in the plans and specifications on this contract NOTE: THIS CHANGE IS NOT EFFECTIVE UNTIL FULLY EXECUTED.
Description of Requested Change:
I. CHANGES TO CONTIRACT PLANS AND SPECIFICATIONS.
A. This Change Order No. 3 implements paleontological and cultural monitoring, base rock under 7,700 linear feet of
paving, and fabricating turnout structure grating and beams.
II. CONTRACT PRICE
A. Contract Change Order No. 3 results in a net increase of $191,778.53 to the contract price.
III. CONTRACT TIME
A.
STATEMENT OF CONTRACT PRICE STATEMENT OF CONTRACT TIME
Original Contract Price $45,583,750.00
Approved Cost Change Orders to Date $54,830.00
Cost of this Change Order $191,778,53
Total of all Contract Cost Change Orders
including this Change Order $246,608,53
Calendar
Days Contract Dates
Contract Notice to Proceed
Calendar Days to Substantial Completion
Calendar Days to Final Completion
Computed Date for Substantial Completion
Computed Date for Final Completion
Time Extension Days For Contract
Time extension days this CCO
Net percentage change in Contract Price
from original Contract Price
Revised Contract Price
Total time extension days previous CCD's
0.54%Total Time Extension Days To Date
Excess Adverse Weather Days To Date (Pg
Suspended Work Days To Date
$45,830,358.53
Revised Substantial Completion Date
Revised Final Completion Date
6/27 2016
11/23/2017
1/22/2018
1/22 2018
3/23 2018
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefore the price shown^bove/rice shown^bove#
Acceptance Date:
Accepted By:
If the confracfi
Submitted By:
Contractor: Gamey Pacific Inc
acceptance of this order, his attention is directed to the requirements of the specificeiio,proceeding the ordered work
OWNER APPROVAL
3 ^' Recommended By:
G^rykarr. Conslryction Manager
Authorized By ^ Public Utilities Water Division Manager
Approved By: □ Public Utilities Director
Approved By: □ City Council Minutes of Meeting Dated:
(Council approvsi repuired if change order or total change id 10 percent of contract price or if individual change order)
exceeds Fresno City Charter limit or Section 33422 Healt Code for Agency contracts.)
Randy Hoffman anager
Thomas EspdMa
D
D
Date: 01
ate: g/29/77
ate:
Page 1 of 1
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
CONTRACT CHANGE ORDER NO.
Change Order Details
K[ ;;tiAKr,h
Securing Our Water Kutur
Change Order Request Descn'ptton ^^ount Time increase
\ 3
i
COR 001 Paleontological/Cultural Monitoring: Contract specifications require the
development of a paleontological monitoring and mitigation plan for the Project. A plan
was prepared and called foron-site paleontological monitoring during certain phases of
the Project. Specifications indicated that costs for paleontological monitoring. If required,
would be paid by the Owner. Costs are through May 2017, and all subsequent
paleontological and cultural monitoring will be completed by the City subcontractor.
$ 127.333.46 0
3
COR 004 Base Rock for All Weather Surface: This change was a negotiated
solution to changes in the specifications to address the County's requirements
for 2-way traffic in the construction soft closure zone.
$ 56.056.00 0
)
1 ^ '
COR 005 Fabricate Turnout Structure Grating and Beams: Change Order
Request is a result to field changes in the position of the traveling screen at
intake versus position in approved submittal. As a result of the position change
the prefabricated grates and support beams required modification. This change
addresses costs associated with the modifications.
$ 8.389.07 0
$ 191.778.53 0
Page 1 of 1
DEPARTMENT OF PUBLIC UTILITIES
WATER DIVISION
Adverse Weather Delay Days
FRESNO
Scounng Our Water f-uturc
Agreed Adverse Weather Days
Month AWDs
Excess AWDs to be
Applied to Contract
Time
Jun-16 0 TBD
Jul-16 0 TBD
Aug-16 0 TBD
Sep-15 0 TBD
Oct-16 TBD TBD
Nov-16 T8D TBD
Dec-16 TBD TBD
Jan-17 TBD TBD
Feb-17 TBD TBD
Mar-17 TBD TBD
Apr-17 TBD TBD
May-17 TBD TBD
Total Excess AWDs
Page 1 of 1
city of DEPARTMENT OF PUBLIC UTILITIES
PROGRAM MANAGEMENT AND ENGINEERING OFFICE
2101G Street, Building A, Fresno, CA 93721
CONTRACT CHANGE ORDER NO. 4
Rri:HAR.,;r
Our Wotcr FulL
CONTRACT AWARDED BY: Fresno City Council
PROJECT: Kings River Pipeline
P.O. NO:FRSNO-0000070741 PRO
DATE OF AWARD: 5/12/2016
CONTRACTOR: Garney Pacific Inc.
JECT ID NO: WC000057 BID FILE NO: 3433
The Contractor is hereby requested to make the herein described changes from the Contract Documents or do the foilowing described work not
included in the plans and specifications on this contract NOTE: THIS CHANGE IS NOT EFFECTIVE UNTIL FULLY EXECUTED.
Description of Requested Change:
I. CHANGES TO CONTRACT PLANS AND SPECIFICATIONS.
A. This Change Order No. 4 includes costs associated with paving on Armstrong Avenue, adding air release valves, moving
several CAVs, extending the electrical pad, an unmarked Freewater irrigation line, crossing unmarked utilities, add an
access manway, additional traffic control measures, and adverse weather days (AWDs).
II. CONTRACT PRICE
A. Contract Change Order No. 4 results in a net increase of $331,970.12 to the contract price.
III. CONTRACT TIME
A.This Change Order No. 4 adds an additional 4 days to the contract time to account for excess AWDs.
STATEMENT OF CONTRACT PRICE STATEMENT OF CONTRACT TIME
Original Contract Price $45,583,750.00
Approved Cost Change Orders to Date $246,608,53
Cost of this Change Order $331,970.12
Total of all Contract Cost Change Orders
including this Change Order $578,578.65
Net percentage change in Contract Price
from original Contract Price 1.27%
Calendar
Contract Dates
Contract Notice to Proceed
Calendar Days to Substantial Completion
Calendar Days to Final Completion
Computed Date for Substantial Completion
Computed Date for Final Completion
Time Extension Days For Contract
Time extension days this CCO
Total time extension days previous CCD's
Total Time Extension Days To Date
Excess Adverse Weather Days To Date (Pg 3,
Suspended Work Days To Date
Revised Contract Price 46,162,328.65
Revised Substantial Completion Date
Revised Final Completion Date
6/27/2016
11/23/2017
1/22/2018
1/26/2018
3/27/2018
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
equipment, fumish all materials, except as may oth^ise be noted above, and perform all services necessary for the work above specified, and will accept as full
payment therefore the price shown above.
Acceptance Date:
Accepted By:
If the contractor ddes not,
Contractor; Gamey Pacific Inc
cceptance of this order, his attention is directed to the requirements of the specifications as to presiding with the ordered work.
OWNER APPROVAL
Date: **2.Recommended By:
Randy Hoffnan Manager
Date:
Date: /
Carbajdl
Thomas Esaiiraa
Submitted By:^
Gentry Karr, Construgtion Manager
Authorized By / □ Public Utilities Water Division Manager
Approved By: □ Public Utilities Director
Approved By: □ City Council Minutes of Meeting Dated:
(Council approval required if change order or total change oniers^dxceed 10 percent of contract price or if individual change order)exceeds Fresno City Charter limit or Section 33422 Heallhlapifsafety Coda for Agency contracts)
Page 1 of 1
city of DEPARTMENT OF PUBLIC UTILITIES
PROGRAM MANGEMENT AND ENGINEERING OFFICE
Kings River Pipeline
CONTRACT CHANGE ORDER NO. 4
Change Order Details
RLul lARGi
FRESNC
Securing Our Water Putur
Items Description Amount Time
1 RFP 004: The Armstrong Avenue/Harvey Street intersection
pavement (pipeline Station 10+00 to Station 14+00) was
significantly deteriorated prior to construction, and subsequent
pipeline construction activity essentially destroyed the pavement
beyond what a normal trench patch would remedy. The City
agreed with the County's request to replace the entire paved
surface within the intersection. This change directs the Contractor
to rebuild the intersection to match the recently installed roadway
pavement on Armstrong South of the intersection. The agreed
road section consists of 4-inches of HMA over 8-inches of
compacted AB with a 2% cross slope (See Rider 19, Item 11 and
RFI 064). The City agrees to reimburse the Contractor for a
portion of the cost for work that is outside the Contract Scope of
Work.
$52,070.55 0
2 RFP 005: This change adds small diameter air relief vents in the
pipe access manways covers to allow for release of air during the
filling of the pipe, to release pockets of air trapped in the access
manways to expedite the pipeline hydrostatic testing, and to
facilitate future filling of the pipeline during routine maintenance.
$15,037.81 0
3 WCD 004; This change adds a concrete pad at the Diversion Site
electrical panels to allow for a safe ail weather work surface. This
change was requested by City Operations staff.
$7,864.78 0
4 WCD 005: Ths change modifies the location of an already
installed CARV that was in conflict with a property owner's access
gate. The CARV was relocated to the East of the location shown
on the desiqn drawinqs.
$5,604.86 0
5 WCD 006: This change modifies the location of a CARV that was
installed within the right-of-way but too close to the property
owner's orchard. The CARV was relocated three feet closer to the
Beimont roadeway to provided sufficient clearance to the orchard
thus reducing the possibility of damage to the CARV.
$5,604.86 0
6 WCD 007: This change modified the standard detail for driveway
replacement to the Warmerdam propterty on Armstrong Anvenue.
The easement document for the Warmerdam's property requires
that access driveways be sawcut and replaced to the edge of the
right-of-way. This requirement was discovered after the intitiai
paving was completed and applies to two driveways.
$5,219.52 0
7 WCD 011: This change modifies the location of a CARV that was
installed too close to the AT&T pole south of Beimont Ave. The
CARV relocated to the East of its planned location.
$5,604.86 0
Page 1 of 3
WCD 012: Due to the field change required to pass the pipeline
under an existing utility east of Academy Ave which was found to
be lower than indicated on the design drawings, the Design
Engineer determined the Contractor is to install a pup piece of
pipe with an accessway at approximately Station 372+00 to
address the change in elevation of the pipeline. This change
requires the Contractor to have an addition piece of pipe
fabricated and to install said piece at Station 372+00. The
installation will require the contractor to expose the previously
place pipe, cut and remove a 10 foot section of the existing pipe
and replace with the new pup piece containing the accessway.
The pup piece will be connected with the use of two welded
buttstraps. The Contractor is to then backfill and compact the
excavation and then repave Belmont Avenue in the area of the
work.
COR 006: Adverse Weather Days: Gamey requested a total of 21
Adverse Weather Days (AWDs) from October 28, 2016 to
February 20, 2017 as shwon on Page 3 of this Contract Change
Order. The CM agreed that a total of 3 Excess AWDs are
validated for 2016 and a total of 1 Excess AWD is validated for
2017 through October 31, 2017. This change adds 4 calendar
days to the Contract Time for Excess AWDs.
COR 007: This change addresses a change condition at the
intersection of Belmont and Trimmer Springs Avenues. An
unmarked 18" irrigation line ovmed by the Free Water Irrigation
District was discovered during pothole investigations. The
Contractor was directed to provide a temporary steel beam truss
to support active irrigation pipe while the 72" RW pipeline was
installed underneath.
COR 008: This change adds traffic control measures to the detour
route around the work zone from Trimmer Springs Road to Flume
Road section of pipeline to moitigate public safety concems raised
by the County and various stakeholder.
COR 009: This change modifies the depth of the pipeline to clear
an unmarked communication line that was discovered during pipe
installation. A change of slope to the pipeline was required to clear
the communication line. The change in slope of the pipe resulted
in addition work for the Contractor.
COR 011; This change addresses the discovery of a previously
unknown, possible historic concrete structure located
approximately 8 feet below the ground surface in the pipeline
trench. Construction was stopped while the City's project
archeologist determined the origin and purpose of the structure.
The project archeologist's determination was that the structure
should be measured and photographically documented, then
broken up and removed by the Contractor. The delay covered two
work days and the work necessary to remove the structure.
COR 012: This change addresses an unmarked communication
line that was discovered while excavating for pipe installation. The
communication line was not shown on the project drawing or
located in the field by the utility locator. The unforeseen condition
caused delays to the Contractor to temporarily support and work
around the line..
$71,919.77
$3,337.21
$3,418.21
$15,828.01
$9,324.71
COR 014: This change addresses an unmarked AT&T line at
Station 107+95 that was discovered while excavating for pipe
installation. The communication line was not shown on the project
drawing or located in the field by the utility locator. The
communication line was in a steel conduit which the contractor
damaged. AT&T was called to repair the damaged line. AT&T
found a second steel conduit below the damaged conduit and
decided to install the communication line in the second conduit.
Second conduit was In conflict with CARV outlet on conveyance
pipe. Contractor directed by the CM to move CARV 40 feet to east
by installing a straight section of piping out of sequence to avoid
conflict. Contractor delayed by AT&T response and need to lay
pipe out of sequence to avoid CARV conflict.
16 COR 015: This change addresses two unmarked utility lines in the
vicinity of Station 120+00 that were discovered while excavating
for pipe installation. The communication line (AT&T) was not
shown on the contract drawings or marked In the field by the utility
locator. Contractor experienced delays while AT&T responded to
the damaged utility.
Notel: Complete backup information is attached to this Contract ChangeoS
$16,700.78
$12,537.37
$ 331.970.12
Page 3 of 3
City of
"^1
RECHARGE ^
FRESNO
Securing Our Water Future
DEPARTMENT OF PUBLIC UTILITIES
PROGRAM MANAGEMENT AND ENGINEERING OFFICE
Adverse Weather Days
Agreed Adverse Weather Days (AWD)
Month AWDs
Excess AWDs to be
Applied to Contract Time
Jun-16 0 0
Jul-16 0 0
Aug-16 0 0
Sep-16 0 0
Oct-16 1 0
Nov-16 2 0
Dec-16 4 3
Jan-17 8 0
Feb-17 6 1
Mar-17 0 0
Apr-17 0 0
May-17 0 0
Jun-17 0 0
Jul-17 0 0
Aug-17 0 0
Sep-17 0 0
Oct-17 0 0
Nov-17 TBD TBD
Dec-17 TBD TBD
Jan-18 TBD TBD
Total Excess AWDs |
4
Page 1 of 1
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1191 Agenda Date:11/8/2018 Agenda #:3-H
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
SUBJECT
***RESOLUTION -15th Amendment to the Annual Appropriation Resolution (AAR)No.2018-157 to
appropriate $8,785,900 for operating programs and previously approved capital improvement
projects in the Public Works Department (Citywide)(Requires 5 affirmative votes)(Subject to
Mayor’s veto)
RECOMMENDATIONS
Staff recommends that the City Council adopt the 15th Amendment to the Annual Appropriation
Resolution No.2018-157 to appropriate $8,785,900 for operating programs and previously approved
capital improvement projects in the Public Works Department.
EXECUTIVE SUMMARY
Staff recommends the Council adopt a resolution approving the rebudget of various funding for
operating programs and previously approved capital projects so that the appropriations in FY 2019
are sufficient to cover anticipated expenditures.The recommended resolution will appropriate
$8,785,900 in carryover funding from FY2018 to the current fiscal budget year,for projects previously
approved by the Council.The recommended action does not include any new revenue and does not
involve the General Fund.Because these previously approved projects and appropriations from
FY2018 were not included in the adopted FY2019 budget,an action by the Council is required to
rebudget these appropriations in FY2019.
BACKGROUND
Annually,the Department reviews its operating programs and capital project appropriations,
recommending adjustments to complete anticipated construction during the year.This review
ensures that adequate appropriations are in place to complete the programs and projects given the
most recent information.
City of Fresno Printed on 3/10/2023Page 1 of 3
powered by Legistar™
File #:ID18-1191 Agenda Date:11/8/2018 Agenda #:3-H
Based on a review of operating and capital improvement project budgets,a number of budgets
require adjustment to meet the planned expenditures for the fiscal year.Some highlights of the
rebudget are:
·The Operating Budget will be increased $2,359,300 in order to utilize the carryover revenue
from FY 2018 activities in FY 2019 to deliver service to the community.The carryover is
composed of previously approved Facilities and Street Maintenance projects being completed
in FY 2019.
·Appropriations for Street and Bridge Projects are proposed to be adjusted by $4,120,600.The
increase is principally due to $2,245,500 for the Intersection Improvements at Central and
Orange Project,$450,000 for the Veterans Blvd Right-of-Way Project,$400,000 for the
Section 130 Railroad McKinley to BNSF Project,and $365,200 for the Friant Road Median
Cap - Fresno to Nees Project.
·Traffic Signal Project appropriations represent the carryover of contract construction amounts
for the SR41 Shaw Ave Interchange,Traffic Signal at Butler &Winery,Traffic Signal at Shields
and Weber,Freeway Crossings Citywide,and Herndon from Golden State Blvd to Willow
Adaptive.
·The Bicycle and Trail Projects are proposed to be adjusted by $46,500.The adjustment
represents carryover for the Eaton Trail Resurfacing,Butler Bike Lane Hazelwood to Peach,
and Fancher Creek Trail Clovis to Fowler.
·Appropriations for Miscellaneous projects are proposed to be increased by $405,500.This
increase is for Community Facilities District 12,Right-of-Way Acquisitions for Tracts 5341,
5424, 5501, 6056, 5538, and to allow for a developer reimbursement for Tract 6087.
The recommended resolution would amend the appropriations within the identified operating
programs and capital projects to allow for the completion of work this fiscal year.To meet the
projected funding requirements,$8,785,900 in carryover funding must be appropriated.The
proposed adjustments are summarized in the table attached.Detailed adjustments are in the
Amendment to the Annual Appropriation Resolution attached.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this
item does not qualify as a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference was not implemented because this item does not include an award of a contract.
FISCAL IMPACT
There are twenty-four funding sources included in the rebudget resolution,none of which includes or
affects the General Fund.All proposed costs will be paid for from the revenue sources identified in
City of Fresno Printed on 3/10/2023Page 2 of 3
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File #:ID18-1191 Agenda Date:11/8/2018 Agenda #:3-H
affects the General Fund.All proposed costs will be paid for from the revenue sources identified in
the attached resolution.
Attachment:
Capital Projects Project Type Summary
Capital Projects Detail List
15th Amendment to the Annual Appropriation Resolution No. 2018-157
City of Fresno Printed on 3/10/2023Page 3 of 3
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Date Adopted: 1 of 18
Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 15th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2018-157 TO
APPROPRIATE $8,785,900 FOR OPERATING PROGRAMS AND
PREVIOUSLY APPROVED CAPITAL PROJECTS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2018-157 be and is hereby
amended as follows:
Increase/(Decrease)
TO: PUBLIC WORKS DEPARTMENT
Prop. 111 – Special Gas Tax $ 603,000
ABX8 6 Gas Tax (formerly TCRP) 209,900
SB1 Road Repair Gas Tax 181,300
Federal Grants Public Works 2,822,100
Meas C-PW Alloc Street Maint 500,200
Meas C-PW Alloc Flexible Fund 4,000
Meas C-PW Alloc Ped Trails 41,000
Orig Meas C-Regional Hwy Prog 50,000
Reg Trans Mitigation Fee-RTMF 450,000
UGM General Admin 27,000
New Grth. Area St. Impact Fees 856,500
Sewer Backbone Fee-Copper Riv 8,800
State Contracted Services 400,000
Lcal Agncy Prj Fndng-Pub Works 19,500
Community Facility Dist No 12 50,000
UGM Parks Citywide Facil Fees 22,800
UGM Major Street Zone A 255,200
UGM Traf Signal/Mitiga Imp Fee 356,600
R/W Acquisit T5341 T5424 T5501 52,300
R/W Acquisition - T6056 134,200
R/W Acquisition-Tract 5538 110,400
Community Sanitation Operating 110,000
Faciliti Repairs & Replacement 572,900
Municipal Service Center Oper 948,200
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
2 of 18
Increase/(Decrease)
Prop. 111 – Special Gas Tax
Revenues:
Account: 30101 Transfer from Fund Balance $ 603,000
Fund: 20102
Org Unit: 189901
Total Revenues $ 603,000
Appropriations:
Account: 56113 Rock & Mineral Products $ 235,800
Fund: 20102
Org Unit: 181501
Total Appropriations $ 235,800
Appropriations:
Account: 57507 Contract Construction $ 46,700
Fund: 20102
Org Unit: 189901
Project: PW00268
Total Appropriations $ 46,700
Appropriations:
Account: 57507 Contract Construction $ 309,500
Fund: 20102
Org Unit: 189901
Project: PW00743
Total Appropriations $ 309,500
Appropriations:
Account: 51101 Permanent Salaries $ 2,900
59117 Overhead 2,100
Fund: 20102
Org Unit: 189901
Project: PW00782
Total Appropriations $ 5,000
3 of 18
Increase/(Decrease)
Appropriations:
Account: 51101 Permanent Salaries $ 2,600
57101 Land Acquisition 2,000
59117 Overhead 1,400
Fund: 20102
Org Unit: 189901
Project: PW00808
Total Appropriations $ 6,000
ABX8 6 Gas Tax (formerly TCRP)
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 209,900
Fund: 20103
Org Unit: 189901
Total Retained Earnings $ 209,900
Appropriations:
Account: 56113 Rock & Mineral Products $ 102,200
Fund: 20103
Org Unit: 181501
Total Appropriations $ 102,200
Appropriations:
Account: 56113 Rock & Mineral Products $ 107,700
Fund: 20103
Org Unit: 189901
Project: PW00716
Total Appropriations $ 107,700
SB1 Road Repair Gas Tax
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 181,300
Fund: 20104
Org Unit: 189901
Total Retained Earnings $ 181,300
4 of 18
Increase/(Decrease)
Appropriations:
Account: 57507 Contract Construction $ 181,300
Fund: 20104
Org Unit: 189901
Project: PW00832
Total Appropriations $ 181,300
Federal Grants Public Works
Revenues:
Account: 33114 Federal Reimbursement $ 2,822,100
Fund: 22048
Org Unit: 189901
Total Revenues $ 2,822,100
Appropriations:
Account: 51101 Permanent Salaries $ 18,000
51104 Perm Fringe-Health&Welfare 2,500
53402 Specialized Services /Tech 8,000
59116 Equipment Usage 1,500
59117 Overhead 14,000
Fund: 22048
Org Unit: 189901
Project: PW00393
Total Appropriations $ 44,000
Appropriations:
Account: 51101 Permanent Salaries $ 4,000
51104 Perm Fringe-Health&Welfare 800
59116 Equipment Usage 500
59117 Overhead 3,600
Fund: 22048
Org Unit: 189901
Project: PW00581
Total Appropriations $ 8,900
5 of 18
Increase/(Decrease)
Appropriations:
Account: 57507 Contract Construction $ 232,500
Fund: 22048
Org Unit: 189901
Project: PW00596
Total Appropriations $ 232,500
Appropriations:
Account: 53402 Specialized Services /Tech $ 5,000
Fund: 22048
Org Unit: 189901
Project: PW00619
Total Appropriations $ 5,000
Appropriations:
Account: 51101 Permanent Salaries $ 1,100
51104 Perm Fringe-Health&Welfare 200
59116 Equipment Usage 200
59117 Overhead 1,000
Fund: 22048
Org Unit: 189901
Project: PW00666
Total Appropriations $ 2,500
Appropriations:
Account: 53402 Specialized Services /Tech $ 5,000
57507 Contract Construction 594,900
58026 Capital Project Permits & Fees 5,800
59105 Purchasing - Variable Charge 10,500
Fund: 22048
Org Unit: 189901
Project: PW00676
Total Appropriations $ 616,200
6 of 18
Increase/(Decrease)
Appropriations:
Account: 53302 Prof Svcs/Consulting - Outside $ 279,200
58026 Capital Project Permits & Fees 10,000
Fund: 22048
Org Unit: 189901
Project: PW00688
Total Appropriations $ 289,200
Appropriations:
Account: 57507 Contract Construction $ 1,389,000
Fund: 22048
Org Unit: 189901
Project: PW00710
Total Appropriations $ 1,389,000
Appropriations:
Account: 51101 Permanent Salaries $ 1,400
51104 Perm Fringe-Health&Welfare 200
53402 Specialized Services /Tech 200
59117 Overhead 1,200
Fund: 22048
Org Unit: 189901
Project: PW00728
Total Appropriations $ 3,000
Appropriations:
Account: 51101 Permanent Salaries $ 1,100
51104 Perm Fringe-Health&Welfare 200
53402 Specialized Services /Tech 200
57507 Contract Construction 500
59117 Overhead 1,000
Fund: 22048
Org Unit: 189901
Project: PW00749
Total Appropriations $ 3,000
7 of 18
Increase/(Decrease)
Appropriations:
Account: 51101 Permanent Salaries $ 1,400
51104 Perm Fringe-Health&Welfare 200
53402 Specialized Services /Tech 200
59117 Overhead 1,200
Fund: 22048
Org Unit: 189901
Project: PW00758
Total Appropriations $ 3,000
Appropriations:
Account: 57101 Land Acquisition $ 225,800
Fund: 22048
Org Unit: 189901
Project: PW00764
Total Appropriations $ 225,800
Meas C-PW Alloc Street Maint
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 371,400
Fund: 22506
Org Unit: 189901
Total Retained Earnings $ 371,400
Revenues:
Account: 30101 Transfer from Fund Balance $ 128,800
Fund: 22506
Org Unit: 189901
Total Revenues $ 128,800
Appropriations:
Account: 56113 Rock & Mineral Products $ 500,200
Fund: 22506
Org Unit: 181501
Total Appropriations $ 500,200
8 of 18
Increase/(Decrease)
Meas C-PW Alloc Flexible Fund
Revenues:
Account: 30101 Transfer from Fund Balance $ 4,000
Fund: 22508
Org Unit: 189901
Total Revenues $ 4,000
Appropriations:
Account: 51101 Permanent Salaries $ 1,900
51104 Perm Fringe-Health&Welfare 400
59117 Overhead 1,700
Fund: 22508
Org Unit: 189901
Project: PW00761
Total Appropriations $ 4,000
Meas C-PW Alloc Ped Trails
Revenues:
Account: 30101 Transfer from Fund Balance $ 41,000
Fund: 22509
Org Unit: 189901
Total Revenues $ 41,000
Appropriations:
Account: 57507 Contract Construction $ 41,000
Fund: 22509
Org Unit: 189901
Project: PW00745
Total Appropriations $ 41,000
Orig Meas C-Regional Hwy Prog
Revenues:
Account: 31313 Orig Meas C-Reg Hwy Prog Rev $ 50,000
Fund: 22511
Org Unit: 189901
Total Revenues $ 50,000
9 of 18
Increase/(Decrease)
Appropriations:
Account: 53302 Prof Svcs/Consulting – Outside $ 25,000
Fund: 22511
Org Unit: 189901
Project: PW00338
Total Appropriations $ 25,000
Appropriations:
Account: 53302 Prof Svcs/Consulting – Outside $ 25,000
Fund: 22511
Org Unit: 189901
Project: PW00683
Total Appropriations $ 25,000
Reg Trans Mitigation Fee-RTMF
Revenues:
Account: 33861 Reg Trans Mitigation Fee RTMF $ 450,000
Fund: 22601
Org Unit: 189901
Total Revenues $ 450,000
Appropriations:
Account: 57101 Land Acquisition $ 450,000
Fund: 22601
Org Unit: 189901
Project: PW00669
Total Appropriations $ 450,000
UGM General Admin
Revenues:
Account: 34002 Variable Reimb fr Non-ISF Div $ 27,000
Fund: 24009
Org Unit: 185001
Total Revenues $ 27,000
10 of 18
Increase/(Decrease)
Appropriations:
Account: 53302 Prof Svcs/Consulting – Outside $ 27,000
Fund: 24009
Org Unit: 185001
Project: PW00086
Total Appropriations $ 27,000
New Grth. Area St. Impact Fees
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 701,800
Fund: 24053
Org Unit: 189901
Total Retained Earnings $ 701,800
Revenues:
Account: 30101 Transfer from Fund Balance $ 154,700
Fund: 24053
Org Unit: 189901
Total Revenues $ 154,700
Appropriations:
Account: 57507 Contract Construction $ 856,500
Fund: 24053
Org Unit: 189901
Project: PW00710
Total Appropriations $ 856,500
Sewer Backbone Fee-Copper Riv
Revenues:
Account: 33838 Sewer Backbone Fee-Copper Riv $ 8,800
Fund: 24054
Org Unit: 185001
Total Revenues $ 8,800
11 of 18
Increase/(Decrease)
Appropriations:
Account: 58018 Refunds & Claims $ 8,800
Fund: 24054
Org Unit: 185001
Project: PW00261
Total Appropriations $ 8,800
State Contracted Services
Revenues:
Account: 33515 State Contribution $ 400,000
Fund: 24061
Org Unit: 189901
Total Revenues $ 400,000
Appropriations:
Account: 57507 Contract Construction $ 400,000
Fund: 24061
Org Unit: 189901
Project: PW00801
Total Appropriations $ 400,000
Lcal Agncy Prj Fndng-Pub Works
Revenues:
Account: 34855 Contributions For Facilities $ 19,500
Fund: 30144
Org Unit: 189901
Total Revenues $ 19,500
Appropriations:
Account: 51101 Permanent Salaries $ 8,600
51104 Perm Fringe-Health&Welfare 1,700
59116 Equipment Usage 600
59117 Overhead 8,600
Fund: 30144
Org Unit: 189901
Project: PW00817
Total Appropriations $ 19,500
12 of 18
Increase/(Decrease)
Community Facility Dist No 12
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 50,000
Fund: 30518
Org Unit: 189901
Total Retained Earnings $ 50,000
Appropriations:
Account: 54241 Landscaping & Grounds Maint $ 50,000
Fund: 30518
Org Unit: 189901
Project: PW00447
Total Appropriations $ 50,000
UGM Parks Citywide Facil Fees
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 22,800
Fund: 31509
Org Unit: 185001
Total Retained Earnings $ 22,800
Appropriations:
Account: 58018 Refunds & Claims $ 22,800
Fund: 31509
Org Unit: 185001
Project: PW00261
Total Appropriations $ 22,800
UGM Major Street Zone A
Revenues:
Account: 30101 Transfer from Fund Balance $ 255,200
Fund: 31516
Org Unit: 189901
Total Revenues $ 255,200
13 of 18
Increase/(Decrease)
Appropriations:
Account: 57507 Contract Construction $ 255,200
Fund: 31516
Org Unit: 189901
Project: PW00772
Total Appropriations $ 255,200
UGM Traf Signal/Mitiga Imp Fee
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 218,000
Fund: 31578
Org Unit: 189901
Total Retained Earnings $ 218,000
Revenues:
Account: 30101 Transfer from Fund Balance $ 138,600
Fund: 31578
Org Unit: 189901
Total Revenues $ 138,600
Appropriations:
Account: 53302 Prof Svcs/Consulting – Outside $ 8,300
Fund: 31578
Org Unit: 189901
Project: PW00044
Total Appropriations $ 8,300
Appropriations:
Account: 57507 Contract Construction $ 164,900
Fund: 31578
Org Unit: 189901
Project: PW00596
Total Appropriations $ 164,900
14 of 18
Increase/(Decrease)
Appropriations:
Account: 57507 Contract Construction $ 183,400
Fund: 31578
Org Unit: 189901
Project: PW00676
Total Appropriations $ 183,400
R/W Acquisit T5341 T5424 T5501
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 40,700
Fund: 31655
Org Unit: 186010
Total Retained Earnings $ 40,700
Revenues:
Account: 30101 Transfer from Fund Balance $ 11,600
Fund: 31655
Org Unit: 186010
Total Revenues $ 11,600
Appropriations:
Account: 57101 Land Acquisition $ 52,300
Fund: 31655
Org Unit: 186010
Project: PW00721
Total Appropriations $ 52,300
R/W Acquisition - T6056
Revenues:
Account: 30101 Transfer from Fund Balance $ 134,200
Fund: 31659
Org Unit: 186010
Total Revenues $ 134,200
15 of 18
Increase/(Decrease)
Appropriations:
Account: 57101 Land Acquisition $ 134,200
Fund: 31659
Org Unit: 186010
Project: PW00821
Total Appropriations $ 134,200
R/W Acquisition-Tract 5538
Revenues:
Account: 30101 Transfer from Fund Balance $ 110,400
Fund: 31670
Org Unit: 186010
Total Revenues $ 110,400
Appropriations:
Account: 51101 Permanent Salaries $ 5,000
51104 Perm Fringe-Health&Welfare 1,000
57101 Land Acquisition 99,000
59102 City Attorney Charges 2,000
59117 Overhead 3,400
Fund: 31670
Org Unit: 186010
Project: PW00826
Total Appropriations $ 110,400
Community Sanitation Operating
Revenues:
Account: 30101 Transfer from Fund Balance $ 110,000
Fund: 41501
Org Unit: 189901
Total Revenues $ 110,000
Appropriations:
Account: 57507 Contract Construction $ 110,000
Fund: 41501
Org Unit: 189901
Project: PW00772
Total Appropriations $ 110,000
16 of 18
Increase/(Decrease)
Faciliti Repairs & Replacement
Revenues:
Account: 30101 Transfer from Fund Balance $ 570,500
36101 Interest 2,400
Fund: 51003
Org Unit: 181205
Total Revenues $ 572,900
Appropriations:
Account: 51101 Permanent Salaries $ 53,100
51102 Permanent Fringe 800
51104 Perm Fringe-Health&Welfare 6,400
51105 Perm Fringe-Life&Disab. Ins. 400
51107 Perm Fringe-Pension, Employees 6,300
51401 Premium Pay 500
53302 Prof Svcs/Consulting – Outside 88,000
54301 O/S Repair, Maint & Serv- Bldg 369,000
55501 Printing & Binding--O/S Vendor 200
56123 Materials & Parts - Bldg & Imp 5,000
59102 City Attorney Charges 400
59105 Purchasing - Variable Charge 300
59117 Overhead 42,500
Fund: 51003
Org Unit: 181205
Total Appropriations $ 572,900
Municipal Service Center Oper
Revenues:
Account: 30101 Transfer from Fund Balance $ 948,200
Fund: 53001
Org Unit: 181201
Total Revenues $ 948,200
17 of 18
Increase/(Decrease)
Appropriations:
Account: 51101 Permanent Salaries $ 106,200
51102 Permanent Fringe 1,600
51104 Perm Fringe-Health&Welfare 12,800
51105 Perm Fringe-Life&Disab. Ins. 800
51107 Perm Fringe-Pension, Employees 12,600
51301 Overtime 600
51401 Premium Pay 400
53402 Specialized Services /Tech 94,000
57507 Contract Construction 629,200
58027 License & Permits 4,000
59102 City Attorney Charges 400
59105 Purchasing - Variable Charge 600
59117 Overhead 85,000
Fund: 53001
Org Unit: 181201
Total Appropriations $ 948,200
THAT the purpose is to appropriate $8,785,900 for operating programs and previously
approved capital projects.
18 of 18
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 , 2018
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Veto: , 2018
YVONNE SPENCE, MMC
City Clerk
BY: ____________________________
Deputy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1297 Agenda Date:11/8/2018 Agenda #:3-I
REPORT TO THE CITY COUNCIL
October 25, 2018
FROM:JEFF CARDELL, Director
Personnel Services Department
BY:KEN PHILLIPS, Labor Relations Manager
Personnel Services Department
SUBJECT
Actions pertaining to the Amalgamated Transit Union, Local 1027 (ATU) for Unit 6 - Bus Drivers and
Student Drivers
1.***Adopt a successor Memorandum of Understanding between the City of Fresno and the
Amalgamated Transit Union,Local 1027 (ATU)for Unit 6 -Bus Drivers and Student Drivers
(Subject to Mayor’s Veto)
2.***RESOLUTION -6th Amendment to FY 2019 Salary Resolution No.2018-159,amending
Exhibit 6,Unit 6,Bus Drivers and Student Drivers (ATU)as required by the Memorandum of
Understanding between the City of Fresno and the Amalgamated Transit Union,Local 1027
(ATU) for Unit 6 - Bus Drivers and Student Drivers (Subject to Mayor’s Veto)
RECOMMENDATIONS
It is recommended Council:(1)approve the attached Memorandum of Understanding (MOU)to
implement wages,hours and other terms and conditions of employment for City employees in Unit 6,
Bus Drivers and Student Drivers,represented by ATU;and (2)adopt the Sixth Amendment to the
Fiscal Year 2019 Salary Resolution No.2018-159,amending salaries in Exhibit 6,Unit 6,Bus Drivers
and Student Drivers (ATU).
EXECUTIVE SUMMARY
The City and ATU reached a tentative agreement on a successor MOU which will replace the MOU
that expired on June 30,2017.The MOU provides for an agreement from October 29,2018 through
October 25,2020,increases to wages,and other changes in terms or conditions of employment.To
implement the MOU it is necessary to approve the Sixth Amendment to FY 2019 Salary Resolution
No.2018-159,amending salaries Exhibit 6,Unit 6,Bus Drivers and Student Drivers (ATU).The MOU
and Salary Resolution Amendment are effective October 29, 2018.
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BACKGROUND
The City and ATU started meeting in December 2017 towards reaching agreement on a successor
MOU.The parties reached a tentative agreement on September 18,2018.Members of the Unit voted
to ratify the tentative agreement on October 7, 2018.
Major changes to the MOU are summarized below:
·Representation:Adding Student Drivers as members of the Unit,consistent with Side Letter
Agreement, effective April 6, 2015 through December 31, 2017.
·Term: October 29, 2018 through October 25, 2020
·Wages:
o $225 lump sum payment per employee on November 16, 2018.
o 2.5% general wage increase, effective October 29, 2018.
o 2.5% general wage increase, effective October 28, 2019.
·Pension Changes:
o Employees who enter the Unit and are paying 1.5%towards pension costs continue to
pay an additional 1.5%.
o Reopener on making the additional 1.5% part of the employee’s normal contribution.
·Attendance Policy:Change Attendance Policy from an Administrative Order to an Addendum
to the MOU.Amend language to improve process for retaining incidents and align with policies
for other bargaining units.
·Leaves:
o Employee Incentive Time Off (EITO):Add provision to earn EITO under similar terms as
other units with the provision.Employees earn leave time if they meet attendance
criteria. Time accumulation limited to eighty hours.
o Sick Leave: Amend language to conform with changes to state law.
o Holiday Leave:Creation of new Special Holiday Leave bank;all existing Holiday Leave
will be placed in special bank which can be used or cashed out subject to certain
conditions.Cap on leave accrual of 48 hours;leave earned above cap will be cashed
out.
·By-Laws:ATU to provide the City with its By-Laws and to provide the City with updates as
they occur.
·Benefits for Part Time Employees:Part time employees will receive health and welfare and
other proportional benefits on the same basis as full time employees.The health and welfare
benefits are in line with provisions for other units and as authorized by the Affordable Care Act.
·Bilingual:Examinations will be conducted throughout the year.Eligible languages will be
listed in the MOU and the Salary Resolution.Recertification required every five years to
maintain premium pay.
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File #:ID18-1297 Agenda Date:11/8/2018 Agenda #:3-I
·Federal Drug Policy: Changes to conform with law and City policies.
·Reopener:Provides for a reopener on FMC provisions on Personnel,Civil Service,and the
Employer-Employee Relations Ordinance.
In addition to the above, there was language clean up throughout the MOU, much of which resulted
from a review of MOU by the City Attorney’s Office.
The City Attorney’s Office has approved the successor MOU and Salary Resolution Amendment as to
form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this
item does not qualify as a “project”and is therefore exempt from the California Environmental Quality
Act requirements.
LOCAL PREFERENCE
Local preference is not implicated because this item does not involve public contracting or bidding
with the City of Fresno.
FISCAL IMPACT
Approval of the MOU and Salary Resolution Amendment will result in an additional salary and benefit
expenses of approximately $437,626 to FAX enterprise funds in Fiscal Year 2019,and approximately
$965,781 to FAX enterprise funds in Fiscal Year 2020.There is no additional cost to the General
Fund.
Attachments:
ATU MOU - Redline
ATU MOU - Final
Costing for ATU MOU
Resolution: Sixth Amendment to FY 2019 Salary Resolution No. 2018-159
Salary Tables: Sixth Amendment to FY 2019 Salary Resolution No. 2018-159 - Redline
Salary Tables: Sixth Amendment to FY 2019 Salary Resolution No. 2018-159 - Final
City of Fresno Printed on 3/10/2023Page 3 of 3
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BETWEEN AND FOR THE
CITY OF FRESNO
AND
AMALGAMATED TRANSIT UNION, LOCAL 1027 (ATU)
(Bus Drivers and Student Drivers - Unit 6)
October 29, 2018 – October 25, 2020
TABLE OF CONTENTS
Page
ATU MOU 4/06/15–6/30/17 Page i
ARTICLE I – PREAMBLE ................................................................................................ 1
A.PURPOSE ................................................................................................. 1
B.DEFINITIONS ............................................................................................ 1
C.GOVERNING LAWS .................................................................................. 1
ARTICLE II – EMPLOYEE RIGHTS ................................................................................ 2
A.GENERAL - EMPLOYEE RIGHTS ............................................................ 2
B.NONDISCRIMINATION ............................................................................. 2
ARTICLE III – CITY RIGHTS .......................................................................................... 3
A.GENERAL .................................................................................................. 3
B.RESERVED RIGHTS................................................................................. 3
ARTICLE IV - RECOGNITION ........................................................................................ 4
A.UNION RECOGNITION ............................................................................. 4
B.UNION OFFICERS AND STEWARDS ...................................................... 4
C.UNION BULLETIN BOARDS ..................................................................... 5
D.REPRESENTATION .................................................................................. 5
E.RECOGNITION OF UNIT DESCRIPTION ................................................. 5
F.CITY RECOGNITION ................................................................................ 5
G.RECOGNITION OF MUTUAL OBLIGATION ............................................. 5
H.POLICY MEMORANDA ............................................................................. 6
I.LOCKOUT AND STRIKE ........................................................................... 6
J.UNILATERAL ACTION .............................................................................. 6
K.BUS OPERATION ..................................................................................... 6
L.STUDENT DRIVER PROGRAM ................................................................ 6
M.BY-LAWS .................................................................................................. 7
ARTICLE V – SCOPE OF REPRESENTATION ............................................................. 8
A.GENERAL .................................................................................................. 8
B.EMPLOYEE REPRESENTATION ............................................................. 8
C.GENERAL REPRESENTATION ................................................................ 9
D.GRIEVANCE PROCEDURE .................................................................... 10
ARTICLE VI – DUES DEDUCTION ............................................................................... 14
A.DUES CHECK-OFF ................................................................................. 14
B.EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION * * * ............. 14
C.DUES DEDUCTION CHECK ................................................................... 15
TABLE OF CONTENTS
Page
ATU MOU 4/06/15–6/30/17 Page ii
ARTICLE VII – DISCIPLINARY ACTIONS .................................................................... 16
A.DISCIPLINARY ACTIONS ....................................................................... 16
B.REPORTING LATE FOR DUTY (MISS-OUTS) ....................................... 16
C.USE OF VIDEO IN DISCIPLINE .............................................................. 19
ARTICLE VIII – FAX RULES AND REGULATIONS ...................................................... 20
A.DEFINITIONS .......................................................................................... 20
B.ASSIGNMENTS AND PAY TIME ............................................................ 25
C.EXTRA BOARD ....................................................................................... 29
1.Assignment of Work From the Extra Board ................................... 29
2.Hold Down Work Assignments ...................................................... 35
3.Guarantee ..................................................................................... 36
D.GENERAL RULES FOR BUS DRIVERS AND STUDENT DRIVERS...... 36
1.Sign-Ups ....................................................................................... 36
2. Annual and Daily Vacation ........................................................... 38
3.Alternative Workweek Work Schedules ........................................ 42
4.Sick Leave .................................................................................... 43
5.Holidays ........................................................................................ 46
6.Employee Incentive Time Off ..................................................... 48
7.Return to Service or Position ........................................................ 48
8.Complaints/Inquiries ...................................................................... 49
9.Accidents/Incidents ....................................................................... 51
10.Accident Review and Safety Committee (ARC) ............................ 52
E.BENEFITS FOR PERMANENT PART TIME (PPT) BUS DRIVERS ........ 54
1.General ......................................................................................... 54
2.Additional Departmental Rules and Regulations ........................... 54
3.Recruitment and Retention ........................................................... 54
4.Benefits ......................................................................................... 56
F.RUN EXCHANGES FOR BUS DRIVERS ................................................ 58
ARTICLE IX – COMPENSATION AND BENEFITS ....................................................... 59
A.GENERAL ................................................................................................ 59
B.SALARIES ............................................................................................... 59
C.FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST ........... 60
D.BUS PASSES .......................................................................................... 61
E.UNIFORM PURCHASE AND MAINTENANCE ALLOWANCE ................ 61
F.PROBATIONARY PERIOD ...................................................................... 62
G.LEAVE WITHOUT PAY ........................................................................... 62
H.UNAUTHORIZED LEAVE AS RESIGNATION ........................................ 62
I.WORKERS' COMPENSATION ................................................................ 63
J.RETIREMENT ......................................................................................... 64
K.HEALTH REIMBURSEMENT ARRANGEMENT (HRA)........................... 64
TABLE OF CONTENTS
Page
ATU MOU 4/06/15–6/30/17 Page iii
L.TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ........................
ABSENT BUS DRIVERS ......................................................................... 65
M.FEDERAL DRUG POLICY (FEDERAL OMNIBUS .....................................
TRANSPORTATION EMPLOYEE TESTING ACT) ................................. 66
N.VERIFIED TRANSIT TRAINING (VTT) .................................................... 67
O.BILINGUAL CERTIFICATION PROGRAM .............................................. 67
P.AMERICANS WITH DISABILITIES ACT, FMLA, AND CFRA .................. 68
Q.* * * SHIFT DIFFERENTIAL .................................................................... 68
R.MOVEMENT BETWEEN STEPS ............................................................. 69
S.PAY FOR PERFORMANCE .................................................................... 69
T.STATE DISABILITY INSURANCE (SDI) .................................................. 69
U.PRODUCTIVE TIME ................................................................................ 71
ARTICLE X – SAVING CLAUSE/FULL UNDERSTANDING ......................................... 72
A.SAVING CLAUSE .................................................................................... 72
B.FULL UNDERSTANDING ........................................................................ 72
C.LIMITED REOPENERS ........................................................................... 72
ARTICLE XI – TERMINATION ...................................................................................... 74
SCHEDULE A - SALARIES ........................................................................................... 76
ATTENDANCE POLICY ................................................................................................ 77
ADDENDUM I – Employee Performance Evaluation Form
ADDENDUM II – Wage Order No. 9-2001 Side Letter Agreement
LEGEND
* * *= deleted old language
[§deleted] = section/subsection deleted
[§§ deleted] = two or more
sections/subsections deleted
bold type = new language
ATU MOU 10/29/2018–10/25/2020 Page 1
ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding, hereinafter MOU, entered into between the
City of Fresno, hereinafter the City, and Amalgamated Transit Union, Local
No. 1027, hereinafter ATU, has as its purpose to establish wages, hours, and
other terms and conditions of employment. In the event ATU or the City
becomes aware of a practice, procedure, or activity which is not in compliance
with this MOU then, notwithstanding such practice, procedure, or activity the
parties shall immediately comply with the applicable provision of the MOU, rule,
regulation, or statute.
B.DEFINITIONS
Unless the particular provision or the context otherwise requires, and, except to
the extent that a particular word or phrase is otherwise specifically defined in this
MOU, the definitions and provisions contained in Chapter 3, Sections 3-101, 3-
201, 3-202, 3-501, and 3-603 of the Fresno Municipal Code hereinafter FMC,
shall govern the construction, meaning, and application of words and phrases
used herein. The definition of each word or phrase shall constitute, to the extent
applicable, the definition of each word or phrase which is derivative from it, or
from which it is a derivative, as the case may be.
C.GOVERNING LAWS
The legal relationship between the City and its employees and the City and ATU
is governed by Chapter 10 of Division 4 of Title I of the Government Code
(Section 3500 et seq., commonly known as the Meyers-Milias-Brown Act), and
Article 6 of Chapter 3 of the FMC, as may be amended from time to time, and
in the event of conflict between said laws and this MOU, or in the event of
conflicts in interpretation, said laws shall govern.
ATU MOU 10/29/2018–10/25/2020 Page 2
ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL - EMPLOYEE RIGHTS
The rights of employees, except as expressly modified herein, are set forth in
FMC Section 3-604. Execution of this MOU by ATU shall not be deemed a
waiver of any ATU or employee right unless the right is clearly or explicitly
modified or restricted herein.
B. NONDISCRIMINATION
The provisions of this MOU shall apply equally to, and be exercised by, all
employees consistent with state and federal nondiscrimination statutes. The
requirements mandated by these statutes have been established in City policies.
[§ deleted]
ATU MOU 10/29/2018–10/25/2020 Page 3
ARTICLE III
CITY RIGHTS
A. GENERAL
1.ATU and the City agree that the rights of the City are as set forth in FMC
Section 3-605.
2.This MOU is not intended to restrict discussion with ATU regarding
matters which may affect the members but which are outside the
mandatory scope of bargaining.
3.Nothing in this MOU shall be construed as delegating to others the
authority conferred by law on the City, or in any way abridging or reducing
such authority.
4.This MOU shall be construed as requiring the City to follow its provisions
in the exercise of the authority conferred upon the City by law, except that
this clause shall not be deemed to be a grant of authority to sue any
person, including ATU, not otherwise existing.
B.RESERVED RIGHTS
All City rights formerly or presently claimed by or vested in the City on the
effective date of this MOU, even though not specifically set forth in this Article,
are retained by the City unless clearly and explicitly modified or restricted in this
MOU, and no City right shall be deemed waived, modified, or restricted unless
such waiver, modification or restriction is explicitly and specifically approved by
the City Council.
ATU MOU 10/29/2018–10/25/2020 Page 4
ARTICLE IV
RECOGNITION
A.UNION RECOGNITION
The City acknowledges ATU as the recognized employee organization
representing the Unit, and therefore, shall meet and confer in good faith promptly
upon request by ATU and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals, and to make every
reasonable effort to reach agreement on matters within the scope of
representation. In order that the meet and confer process includes adequate time
for full consideration of the proposals of both parties and for resolution of any
impasse, MOU negotiations may be initiated at the request of either party as
early as four (4) months preceding expiration of the MOU.
B.UNION OFFICERS AND STEWARDS
1.A written list of the Officers and Stewards of ATU shall be furnished to the
City immediately after their designation and ATU shall notify the City
promptly in writing of any changes of such ATU Officers.
2.Not later than at the completion of the training period, the City shall inform
each new Bus Driver in this unit of the name and address of ATU. The
City and ATU shall share equally the cost of printing copies of this MOU
sufficient to provide a copy to all current Bus Drivers, Bus Drivers hired
during the term of this agreement, all Fresno Area Express, hereinafter
FAX, management employees, and the Labor Relations Division.
3.The City shall provide to ATU a monthly report that includes the names
addresses and phone numbers of * * * Bus Drivers. The report will include
their hire date, date the driver first was hired as a PPT and/or when the
Bus Driver went to full time status, and the dates the Bus Drivers are
transferred, terminated, retired, or promoted. The City will provide * * *
projected information on the probation end date for all probationary Bus
Drivers. The actual probation end date is adjusted by any leave taken
by the probationary employee.
4.An ATU officer will be allowed to use up to thirty (30) minutes unpaid time
to speak with each Student * * * Driver class to provide a union orientation.
FAX management may or may not attend the "orientation" at their
discretion.
5.The City recognizes the ATU President, Vice President, and Secretary-
Treasurer as the designated representatives of ATU, and only these
officers, or other officers designated in writing by the President, shall be
ATU MOU 10/29/2018–10/25/2020 Page 5
authorized to meet and confer with the City, or otherwise represent ATU in
its relations with the City. ATU officers off on approved ATU leave without
pay on the day before or day after a holiday shall not lose credit for that
holiday.
C. UNION BULLETIN BOARDS
The Union may use bulletin boards designated by the City to post materials
related to Union business. Any materials posted must be dated, initialed by the
Union representative responsible for the posting, and a copy of all materials
posted must be distributed to the * * * Director of Transportation or designee at
the time of posting.
D. REPRESENTATION
ATU agrees to represent all Bus Drivers and Student Drivers in the Unit without
discrimination, interference, restraint, or coercion, subject to the right of such Bus
Drivers and Student Drivers to represent themselves individually in their
employment relations with the City. ATU shall defend and hold harmless the
City, its officers and employees, from any costs or liability arising out of or related
to any claim of any Bus Drivers and Student Drivers in the Unit that ATU is
discriminating and/or has discriminated against or failed to represent such Bus
Drivers and Student Drivers in violation of any law or the provisions of this
subsection.
E. RECOGNITION OF UNIT DESCRIPTION
The Bus Drivers Unit consists of all employees in the classifications of Bus
Driver and Student Driver * * * holding * * * a full time or part time position in the
classified service * * *. The City shall provide to ATU two (2) copies of the
seniority list not later than 15 days after the effective date of this MOU and within
five (5) work days of each change to the seniority list.
F. CITY RECOGNITION
ATU recognizes the City Manager of the City, or such other person as may be
designated in writing, as the designated representative of the City, pursuant to
FMC Section 3-615, and shall meet and confer in good faith promptly upon
request by the City and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals, and to make every effort to
reach agreement on a successor MOU * * *.
G. RECOGNITION OF MUTUAL OBLIGATION
ATU and the City recognize and acknowledge their mutual obligation and
responsibility to effectuate the purposes set forth in, and to adhere to the
conditions and clauses set forth in, this MOU.
ATU MOU 10/29/2018–10/25/2020 Page 6
H. POLICY MEMORANDA
FAX shall provide to the ATU President, Vice President, or Secretary-Treasurer
two (2) copies of each policy memorandum addressed to Bus Drivers not later
than two (2) days before the memorandum is posted in the Bus Drivers’ room.
I. LOCKOUT AND STRIKE
1. No lockout of * * * employees in this Unit shall be instituted by the City
during the term of this MOU.
2. No unlawful strikes, or work stoppages of City employees, as defined in
FMC Section 3-624, shall be caused, instigated, encouraged, condoned,
participated in, or honored by ATU or its members during the term of this
MOU.
J. UNILATERAL ACTION
In the event the meet and confer process for a successor MOU results in an
impasse, the City shall not take unilateral action regarding wages, hours, and
other terms and conditions of employment prior to completion of the impasse
resolution procedures as identified in FMC 3-617 and applicable state law or as
modified in the ground rules.
K. BUS OPERATION
Bus equipment in revenue service operated by, owned by or registered to, the
City shall be staffed by Operators covered by this MOU. The City acknowledges
that bus exchanges are a part of this Unit’s usual work, and exceptions to this
practice shall be for unusual and exceptional circumstances; however,
commercial driver’s licensed FAX maintenance staff may be used for bus
exchanges. The application of this section does not apply to the para transit
service provided under contract to the City, nor does it apply to the training of
Student Drivers which occurs on bus equipment in revenue service.
L. STUDENT DRIVER PROGRAM
1. Classification
a. Student Drivers (formerly Student Bus Drivers) are in Unit 6
and are represented by the Union. Student Drivers cannot
attain permanent status.
b. The position of Student Driver shall not be an eligible option
for a layoff, in other words, an employee who is a Bus Driver
ATU MOU 10/29/2018–10/25/2020 Page 7
and is released from that position shall not have the option to
return to their previous class of Student Driver.
c. Student Drivers shall be trained in and shall perform the
expected various duties typical of a Bus Driver.
d. The Student Driver classification is designed to prepare the
incumbent for a Bus Driver position. Failure to demonstrate
the ability to become a Bus Driver and/or failure to complete
the Student Driver training program within ten (10) weeks from
date of appointment shall result in termination from the
program.
2. Compensation and Benefits
a. Student Drivers shall be compensated at the rate of ninety
percent (90%) of an A Step Bus Driver as reflected in Table A
attached hereto and incorporated by reference.
b. Student Drivers shall be entitled to all benefits afforded to
probationary Bus Drivers.
3. Applicability of MOU provisions
The following provisions of this MOU shall not apply to Student
Drivers.
• Article VII, Section A. Disciplinary Actions, Subsection 3, Use
of Hearing Officer
• Article VII. Section B. Reporting Late for Duty (Miss Outs)
• Article VIII, Section B. Assignments and Pay Time
• Article VIII, Section C. Extra Board
• Article VIII, Section D., Subsection 1. Sign-Ups
• Article VIII, Section F. Run Exchanges
• Article IX, Section D. Bus Passes
• Article IX, Section O. Bilingual Certification Program
M. BY-LAWS
ATU will provide a copy of its By-Laws to the Labor Relations Division. An
updated copy of the By-Laws will be provided to Labor Relations whenever
the By-Laws are changed.
ATU MOU 10/29/2018–10/25/2020 Page 8
ARTICLE V
SCOPE OF REPRESENTATION
A. GENERAL
1. "Scope of Representation" means all matters relating to
employer/employee relations, including, but not limited to wages, hours,
and other terms and conditions of employment. Employee rights, as set
forth in FMC Section 3-604, and City rights, as set forth in FMC Section
3-605(a), are excluded from the scope of representation.
2. ATU is the exclusive representative of all * * * employees in the Unit * * *.
3. Subject to the provisions of FMC Section 3-620 and Article VI hereof, the
parties recognize that membership in ATU is not compulsory, that Bus
Drivers and Student Drivers have the right to join, not join, maintain, or
drop their membership in ATU, and that neither party shall exert any
pressure on or discriminate against a Bus Driver or Student Driver
regarding such matters.
4. ATU agrees to represent all of the Bus Drivers and Student Drivers in the
Unit fairly and equally without regard to whether or not a Bus Driver or
Student Driver is a member of ATU. The terms of this MOU have been
made for all Bus Drivers and Student Drivers within the Unit and not only
for members of ATU, and this MOU has been executed by the City after it
has satisfied itself that ATU is the choice of a majority of the Bus Drivers
and Student Drivers in the Unit, subject to revocation as specified in
FMC Sections 3-612 and 3-613.
B. EMPLOYEE REPRESENTATION
1. ATU may represent Bus Drivers and Student Drivers covered by this
MOU on grievances under any City grievance procedure and on Bus
Driver and Student Driver appeals allowed by City code or rule.
2. ATU Officers and Stewards shall have the same right of access to
personnel files as does the Bus Driver or Student Driver represented by
such Officer or Steward, provided that the Bus Driver or Student Driver
either accompanies the representative or authorizes such access in
writing. Copies of disciplinary letters will be released to the Union
representative if the Bus Driver affirmatively requests that it be done by
signing the Release included at the bottom of any Notice of Proposed
Disciplinary Action.
ATU MOU 10/29/2018–10/25/2020 Page 9
3. ATU Officers and Stewards designated under Article IV B. of this MOU
shall be excused without loss of regular compensation from their regular
duties for such time as is necessary to attend and represent ATU
members at grievance hearings, beginning at the first level of supervision
and for such other representational hearings as are provided by City Code
or rule.
4. ATU officers (i.e., president and executive board members) will be allowed
time off without pay to attend to Union business up to a maximum of 2,350
hours in a fiscal year. ATU may request and FAX will consider a request
for additional time off without pay for union business in any fiscal year
where additional time is deemed necessary by the Union. No more than
three (3) representatives will be allowed off at a time for these purposes.
Where practical, FAX will be provided with at least five (5) calendar days,
but no less than one (1) calendar day (24 hours), advance notice. A fourth
(4th) representative will be allowed time off to attend the Union’s executive
board meeting and/or Union meetings. In addition, a fourth (4th) Union
representative may be allowed additional time off with one (1) calendar
day (24 hours) advance notice and approval by the Operation Manager or
designee. It is understood that time-off granted as a result of the annual
vacation sign-up shall not be cancelled by the application of this
subsection.
5. No ATU officer or executive board member shall lose any benefits as a
result of time taken off without pay to attend to Union business.
C. GENERAL REPRESENTATION
1. The City recognizes the right of Bus Drivers and Student Drivers in this
Unit to be represented by ATU in their employer-employee relationship
with the City. A Bus Driver or Student Driver in this Unit has the right to
be represented by an Officer or Steward of ATU when called by
management to discuss or review any action by the Bus Driver or Student
Driver when such discussion or review may result in any adverse action.
Should any Bus Driver or Student Driver request such representation, no
further discussion or review may occur until a representative is present,
except that no unreasonable delay shall result from such request.
2. This section does not apply to the normal ongoing employment
relationship or supervisor/subordinate relationship between the City and
its employees, when such matters as, including but not limited to, work
direction, scheduling, and non-disciplinary counseling or performance
evaluation, are the subjects of the discussion or review.
ATU MOU 10/29/2018–10/25/2020 Page 10
D. GRIEVANCE PROCEDURE
1. A grievance is a dispute concerning the interpretation or application of any
existing City policy, written rule or regulation governing personnel
practices or working conditions, including this MOU, and may, but is not
limited to, include such matters as daily working assignments, equipment,
safety or health hazards, and treatment of Bus Drivers or Student Drivers
under any rule or regulation. This procedure shall not apply to any dispute
for which there is another established resolution procedure, including but
not limited to, appeal to the Civil Service Board, Retirement Board, unfair
employer-employee relations charge, fact-finding procedure. The
grievance procedure relates only to existing rights or duties, not to the
establishment of a right or duty or as outlined below.
2. A written grievance must set forth the specific rule, regulation, policy or
specific section of the MOU claimed to have been violated, describe the
specific incident or circumstances of the alleged violation, and specify the
remedy sought, or it will be returned to the grievant for appropriate
completion within the time lines set forth in Step One, which shall be the
amount of existing time left to file the grievance when the grievance was
originally submitted but in no case less than one (1) day. Any dispute
between the parties as to the grievability of an issue or as to whether the
requirements of this procedure have been met shall be presented to a
Hearing Officer * * *. The * * * Hearing Officer shall rule on the dispute
before proceeding with the hearing. The Hearing Officer * * * will be
bound by the agreement of the parties regarding timeliness..
3. ATU may represent grievants covered by this MOU on grievances under
the grievance procedure.
4. The grievant and designated representative shall be excused without loss
of compensation from regular duties for such time as is necessary to
attend and represent the grievant at grievance hearings, beginning at the
first level of supervision.
5. The grievant (and/or designated representative) shall be entitled to
request the release from duty of no more than three (3) Bus Drivers
and/or Student Drivers of this Unit, at any one time, to appear as a
witness at the grievance hearing (Step Three). Each such Bus Driver or
Student Driver shall be excused without loss of compensation from their
regular duties for such time as is necessary to attend the grievance
hearing. However, each such Bus Driver and/or Student Driver shall not
be entitled to overtime compensation from FAX or the City to due to their
attendance at the grievance hearing.
ATU MOU 10/29/2018–10/25/2020 Page 11
6. The procedure and sequence in filing and processing a grievance shall be
as follows:
Step One
a. The Bus Driver or Student Driver (and/or designated
representative) shall discuss the issue with the * * * Driver’s group
supervisor or designee before a written grievance may be filed. The
designee shall be determined by any available Transit Supervisor
II. In the event the designee is not available, any available Transit
Supervisor will meet the requirement of Step One.
(1) If the issue is not settled through this discussion, it either
may be discussed with the next higher supervisor, or a
written grievance may be filed with the grievant’s Operations
Manager or designee. A written grievance must be filed, with
a copy being sent to the Labor Relations Division, within
twenty-one (21) calendar days from the time the grievant
becomes aware or should have become aware of the issue
or incident giving rise to the problem, except that the Bus
Driver or Student Driver shall have seven (7) additional
calendar days at each step of the grievance procedure if the
grievance is co-signed by an ATU Officer.
(2) Upon receipt of a written grievance, the Transit Operations
Manager or designee shall give the grievant a written reply
within twenty-one (21) calendar days.
Step Two
a. Should the grievant not be satisfied with the answer received from
the * * * Transit Operations Manager, or designee, the grievant
may within fourteen (14) calendar days, file an appeal to the * * *
Director of Transportation or designee. The * * * Director of
Transportation or designee shall have twenty-one (21) calendar
days, after receipt of the appeal to review the matter, investigate
and provide a written answer to the appeal, explaining clearly the
decision or proposed action and reasons thereof. The * * * Director
of Transportation or designee may confer with the grievant
(and/or designated representative) and appropriate supervisors in
an attempt to bring about a harmonious mutually acceptable
solution.
b. The City, the grievant, (and/or the designated representative) may,
by mutual agreement, waive steps one (1) and two (2) and proceed
directly to hearing by the Grievance Advisory Committee when the
issue is one over which the * * * Transit Operations Manager, or
ATU MOU 10/29/2018–10/25/2020 Page 12
designee, or * * * Director of Transportation, or designee, has no
jurisdiction.
Step Three
a. If the grievant is not satisfied with the decision of the * * * Director
of Transportation or designee, the grievant may within seven (7)
calendar days after receipt of the written reply, file a request for a
review of the * * * Director of Transportation’s or designee’s
decision to the Grievance Advisory Committee, with a copy sent
to the Labor Relations Division. The review/appeal to a Hearing
Officer shall be reviewed and approved by ATU before it is
delivered to the Labor Relations Division.
b. The City, the grievant (and/or the designated representative) may,
by mutual agreement, seek resolution of the grievance through
mediation using the services of the State Mediation and
Conciliation Service prior to hearing by a Hearing Officer * * * .
Time limits for processing of the grievance are automatically
extended for as long as the mediation is in process.
c. * * * The Hearing Officer * * * may be chosen either by mutual
agreement of ATU and the City, or by the "strike" method from a list
of neutrals provided by the State Mediation and Conciliation
Service. * * *
Fees and expenses of the Hearing Officer * * * shall be paid half
by the City and half by ATU; provided however, that the Hearing
Officer * * * may recommend that the City or ATU pay the total of
such fees and expenses, should it find that, but for the
unreasonableness of that party's posture, the convening of the
grievance hearing * * * would not have been necessary. The City,
the grievant (and/or the designated representative) shall make a
reasonable effort to select a Hearing Officer * * * within fourteen
(14) calendar days of receipt of the grievance requesting review by
a Hearing Officer * * * by the Labor Relations Division.
d. The Hearing Officer * * * shall be bound by the language of the
MOU, City Administrative Orders, ordinances, rules and
regulations, and department rules and regulations consistent
therewith in considering any issue properly before them. The
Hearing Officer * * * shall define the precise issues from those
submitted by the parties and shall have no authority to consider any
other issue(s) not so submitted. The Hearing Officer * * * may not
recommend changes in established wages or benefits, nor
recommend the payment of back wages or benefits to a date prior
to the date of the incident.
ATU MOU 10/29/2018–10/25/2020 Page 13
e. From the date a grievance otherwise meeting all criteria for the
filing and processing of a grievance reaches the Labor Relations
Division pursuant to subsection a. above, every effort will be
made to convene the * * * grievance hearing within thirty (30)
calendar days in order to hear the grievance.
f. All time limits herein may be extended by mutual agreement of the
parties.
g. The Hearing Officer * * * shall talk to the grievant and supervisor
involved to set forth in writing the facts of the particular situation
and recommend a solution to the City Manager or designee within
thirty (30) calendar days of its last meeting.
h. The City Manager or designee shall review the decision of the * * *
Director of Transportation or designee and recommendations of
the * * * Hearing Officer and shall render a written decision to the
grievant within twenty-one (21) calendar days after receipt from the
* * * Hearing Officer.
i. Failure of the grievant to file an appeal within the specified time limit
shall constitute an abandonment of the grievance. Failure of the
responsible supervisor or official of the City to render a decision
within the specified time limit established by this procedure shall
automatically move the grievance to the next higher level for action,
without action required of the grievant.
ATU MOU 10/29/2018–10/25/2020 Page 14
ARTICLE VI
DUES DEDUCTION
[§ deleted]
A. DUES CHECK-OFF
* * *
1. The City shall deduct the dues or benefit premiums, or both, following
receipt of notice from ATU that * * * authorization has been provided
* * * to ATU by members in the Unit. The City shall stop dues
deductions or benefit premium deductions, or both, upon receipt of
notice from ATU that authorization has been provided to ATU by
members in the Unit. Should there be a dispute regarding the
deduction of dues, ATU shall provide the City with a copy of the
authorization(s) signed by the employee.
[§§ deleted]
2. Dues deductions will be terminated when an employee leaves the
Unit.
3. Upon written authorization by a retired member of ATU, the City shall
deduct credit union payments and ATU dues and benefits from the
retirement check of such retired member and forward same to the credit
union or ATU as designed in such authorization.
4. ATU, in consideration for and as a condition of the City withholding
and transmitting payroll and benefit deductions authorized by this
Section and in compliance with SB 866, shall hold harmless the City
of Fresno, its officers, and employees from any liability that may
result from making, canceling, or changing requested deductions.
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION * * *
The member's earnings must be sufficient after other legal and required
deductions are made to cover the amount of the dues deduction authorized.
When a member is in a non-pay status for an entire pay period, no dues
deduction shall be made from future earnings to cover that pay period, nor may
the member be required to deposit the amount which would have been deducted
if the member had been in a pay status during that period. In the case of a
member who is in a non-pay status during only a part of the pay period and
whose salary is insufficient to cover other legal and required deductions, no dues
deduction or deposit shall be made.
ATU MOU 10/29/2018–10/25/2020 Page 15
C. DUES DEDUCTION CHECK
1. The deduction check covering all such deductions shall be transmitted
bimonthly to:
Amalgamated Transit Union
1221 Van Ness Avenue, Suite 304
Fresno, California 93721
Should ATU elect to have the deduction check transmitted to an address
other than that set forth hereinabove, ATU shall so indicate by written
notice to the City’s Finance Department, with a copy to the Labor
Relations Division. The City shall transmit the deduction check to the
address specified in the notice as early as is practicable after receipt of
such notice.
2. The deduction check shall be made in favor of:
AMALGAMATED TRANSIT UNION
ATU MOU 10/29/2018–10/25/2020 Page 16
ARTICLE VII
DISCIPLINARY ACTIONS
A. DISCIPLINARY ACTIONS
1. Management shall respond to Bus Drivers within 42 calendar days after
discovery of incidents that may lead to disciplinary action excluding
actions subject to review by the Accident and Safety Review Committee
(ARC). If management is unable to respond to the Bus Driver within this
time frame, the Union and the Bus Driver will be notified. If management
fails to respond and/or notify the union within the time frame mentioned
above, the matter will be dismissed.
2. The President, Vice-President and the Secretary-Treasurer of the Union
may, with a signed release by the Bus Driver, review documents related to
disciplinary actions involving Bus Drivers represented by ATU.
3. Use of a Hearing Officer in Disciplinary Action Initiated by City: Bus
Drivers may elect the alternate appeal procedure before a hearing officer
instead of a hearing before the Civil Service Board as provided in FMC
Section 3-283.
B. REPORTING LATE FOR DUTY (MISS-OUTS)
1. Each Bus Driver should bear in mind their responsibility and should report
punctually for assigned duty in order for the department to maintain the
best possible balance of effectiveness and economic efficiency.
2. All Bus Drivers reporting for duty shall sign on not later than the scheduled
reporting time (Example: Report time is 6:00 a.m., Bus Driver late at
6:01 a.m.). Any Bus Driver reporting after the scheduled sign-on time shall
be considered "late" and charged with a miss-out for that day. A Bus
Driver who is not able to report to work as needed will be charged with an
incident consistent with the Attendance Policy, Addendum I, and will be
considered absent without pay, unless the Bus Driver was prevented from
reporting to the division by circumstances beyond the Bus Driver’s control
as determined by the * * * Director of Transportation or designee. Any
Bus Driver who fails to sign on and has left the FAX yard performing their
job duties will be charged with a miss-out. In such a case, the Bus Driver
shall be allowed to complete their scheduled work assignment for that day
as well as receiving a miss-out. No Bus Driver shall be charged with a
miss-out and an incident for the same occurrence. In the event the sign-on
sheet is not available, it is FAX’s responsibility to provide an alternative
method for Bus Drivers to confirm their attendance.
ATU MOU 10/29/2018–10/25/2020 Page 17
3. Disciplinary action for reporting late for duty (miss-out) in any six (6) month
period, in addition to working the extra board as set forth in Article VIII,
Section C, shall be:
First offense - Written reprimand, in addition to which the Bus Driver
shall be placed at the bottom of the extra board on the
day in which the miss-out occurs at their regular/base
rate of pay or, at the discretion of FAX, sent home. A
Bus Driver who is sent home has the option of using
vacation leave, compensatory time off, or leave
without pay. However, this option will be nullified
when a Bus Driver is sent home, but is scheduled to
return later in the day, and fails to report for any
reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Second offense - Written reprimand, in addition to which the Bus Driver
shall be placed at the bottom of the extra board on the
day in which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Third offense - One day suspension or a one hundred twenty-five
dollar ($125) fine to be determined at the discretion of
the Bus Driver, in addition to which the Bus Driver
shall be placed at the bottom of the extra board on the
day in which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
ATU MOU 10/29/2018–10/25/2020 Page 18
Fourth offense - Two day suspension or a two hundred dollar ($200)
fine to be determined at the discretion of the Bus
Driver, in addition to which the Bus Driver shall be
placed at the bottom of the extra board on the day in
which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Fifth offense - Ten day suspension or a seven hundred fifty dollar
($750) fine to be determined at the discretion of the
department, in addition to which the Bus Driver shall
be placed at the bottom of the extra board on the day
in which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Sixth offense - The Bus Driver may be dismissed or other such
disciplinary action as may be appropriate, in addition
to which the Bus Driver shall be placed at the bottom
of the extra board on the day in which the miss-out
occurs at the Bus Driver’s regular/base rate of pay or,
at the discretion of FAX, sent home. A Bus Driver who
is sent home has the option of using vacation leave,
compensatory time off, or leave without pay.
However, this option will be nullified when a Bus
Driver is sent home, but is scheduled to return later in
the day, and fails to report for any reason. Such
failure to report to work will be considered an absence
without pay and will be processed as an incident
under the Attendance Policy, Addendum I.
ATU MOU 10/29/2018–10/25/2020 Page 19
4. Any Bus Driver who fails to sign on by the scheduled sign on time and
who fails to call FAX shall be considered on unauthorized leave and
subject to disciplinary action, unless the Bus Driver was prevented from
signing on and/or calling the Division by circumstances beyond the Bus
Driver’s control, as determined by the * * * Director of Transportation or
designee.
5. The * * * Director of Transportation or designee may, in the Director’s
or designee’s * * * exclusive discretion, find that good cause exists for the
miss-out and that a Bus Driver should not be considered late, provided
that the Bus Driver makes a written or documented oral request for such
consideration within 72 hours of the miss-out. The * * * Director of
Transportation or designee shall respond to such a request within ten
(10) work days. Should the miss-out be excused, the Bus Driver may, with
the approval of the * * * Director of Transportation or designee, take
earned vacation or sick leave, as appropriate, for the day of the miss-out.
C. USE OF VIDEO IN DISCIPLINE
The Union agrees that the City has a legitimate interest in the use of video
surveillance cameras, for purposes related to safety and security of employees,
City property, and the public.
The City agrees to provide advance notice before any additional surveillance
cameras are installed in areas in which bargaining unit employees work.
The parties further agree that the information obtained by use of such cameras
may be used for the purpose of addressing safety violations, criminal conduct, or
conduct in violation of established City policies. The information obtained by the
use of cameras will not be used for performance evaluations, nor will the
information be used for the purposes of initiating corrective action unless such
action is based on safety violations, or the commission of criminal acts; or, for
corrective action for established City policies when there is a triggering incident
such as a complaint, an inquiry, a claim for damages, or an accident.
In the event that disciplinary action is proposed consistent with this Agreement,
the City agrees to share the information obtained by the use of the surveillance
camera(s) with the employee or with a representative of ATU Local 1027, if so
requested by the employee or his/her representative in writing.
ATU MOU 10/29/2018–10/25/2020 Page 20
ARTICLE VIII
FAX RULES AND REGULATIONS
These rules are included herein for informational purposes only, and in no way shall
they infringe upon the City's rights as specified in Article III. Included herein by
reference is the Department's Guidelines Instruction for Bus Drivers as they may be
amended from time to time, after consultation with ATU.
A. DEFINITIONS
1. The following words or phrases wherever used in this Article shall have
the following meaning unless a different meaning is clearly required by the
context:
a. "Applicable Hourly Rate" is the rate of pay, whether regular/base
rate or time and one-half, which applies to the work in question.
b. "Deadhead Time" is time spent driving the bus to or from the
Transit yard or between routes when the bus and the Bus Driver
are not in revenue service. This time is included in the platform
time.
c. "* * * Director of Transportation" shall mean the person in charge
of FAX and shall include those persons designated to act in the * * *
Director of Transportation’s behalf (e.g., Transit Operations
Manager, * * * Fleet Manager, etc.).
d. "Driving Time" is the elapsed time from departure of a bus from the
garage or time of take over on relief to the time when the bus is
returned to the garage or surrendered to a relief Bus Driver.
e. "Extra Board" is the procedure by which extra Bus Drivers are
assigned to fill open regularly scheduled runs for any cause or work
assignment other than regular runs.
f. "Extra Board Driver" is a Bus Driver who through seniority has
elected to have work assignments made through the extra board or
who through seniority has been assigned to the extra board, and
who for purposes of overtime work, is still an extra board driver on
scheduled day off.
g. "Fill" is a scheduled or unscheduled piece of work that is usually
assigned to and worked by an extra board Bus Driver, or a regular
Bus Driver when the need arises, and may be worked as an extra
or additional piece of work.
ATU MOU 10/29/2018–10/25/2020 Page 21
h. "Hold Down" is a regularly assigned piece of work performed by an
extra board Bus Driver when a regularly scheduled run becomes
vacant or during the term of absence of the regular Bus Driver who
is unable to perform the regularly scheduled run for five or more
consecutive work days or 4-10 work schedule.
i. "Holiday Schedule" is a regular schedule having a reduced number
of runs due to a declared holiday or as established by the * * *
Director of Transportation when transit service demands will be
at a reduced level.
j. "Light Duty" is work other than driving that may be assigned to a
Bus Driver or Student Driver by the * * * Director of
Transportation or designee in the event the * * * Driver is
incapable of driving due to medical disability caused by an
on-the-job injury.
k. "Mark Down" is the process in which the * * * Director of
Transportation or designee may cause a correction or
modification of a past sign-up by allowing only those Bus Drivers
that may be affected to bid in accordance with their seniority on the
open regularly scheduled run or open extra board position as may
be caused by the correction or modification.
l. "Mark Up" is the process by which a Bus Driver who did not pickup
or was not assigned a run may bump Bus Drivers with less seniority
already assigned.
m. "Miss-Out" shall mean a failure by a Bus Driver to report for duty
and sign on within one minute of the designated sign on time.
n. "Pay Time" is the actual time paid to a Bus Driver or Student
Driver at the regular/base monthly or hourly rate for time worked.
o. "Platform Instructor" is a Bus Driver temporarily assigned from a list
of qualified Bus Drivers approved by the * * * Director of
Transportation or designee based on the Bus Driver’s accident
record, complaints, sick leave, disciplinary actions, and work record
for the performance of special instructional service of one or more
Student * * * Drivers or the retraining of Bus Drivers.
p. "Platform Time" is the amount of time that Bus Drivers spend
driving a bus on a scheduled or unscheduled run.
q. "Pull In Time" is the time that Bus Drivers properly park the bus in
the transit parking lot; reflected on the run guide.
ATU MOU 10/29/2018–10/25/2020 Page 22
r. "Pullout Time" is the exact time the Bus Driver is scheduled to pull
out of the transit yard as printed on the run guide under the heading
of "Out" and indicated in the Block Paddle.
s. “Recovery Time” or “Layover” is that portion of the regularly
scheduled run at a point designated by the * * * Director of
Transportation or designee that will allow the Bus Driver the
opportunity for a rest break if the run is on schedule. It is intended
primarily, however, to provide the Bus Driver the opportunity to
regain regularly scheduled time points during periods when traffic
conditions, congestion, loading, etc., cause the run to fall behind
the scheduled points. Recovery time shall not be used to extend
the line.
t. "Regular Driver" is a Bus Driver who has seniority to bid and does
bid a regularly scheduled run or work assignment. A regular driver
working on a day off is not to be considered an extra board driver
for rotation purposes.
u. "Regular/Base Hourly Rate" shall be the equivalent of the base
monthly salary for * * * a Driver, as provided in this MOU, multiplied
by 12 months then divided by 2,080 hours.
v. "Regularly Scheduled Run" shall mean a daily work assignment
that is of not less than eight (8) hours pay time which is included by
the * * * Director of Transportation or designee in a posted
breakdown of operating schedules and which contains regular
working time and regular pay time. It may be made up of regularly
occurring pieces of work which when combined, constitute eight (8)
hours or more pay time.
w. "Relief Time" or "Travel Time" for Bus Drivers, not including * * *
special service Bus Drivers, is the elapsed time between the Bus
Driver’s pull out time and actual commencement of scheduled work
or from the Bus Driver’s relief point, or end of the Bus Driver’s
scheduled work to the garage. (Travel time to a relief point shall
include adequate time for relieving the Bus Driver to perform a brief
safety check of the equipment.)
x. "Report Time" is that period of time between sign-on time and pull
out time when * * * a Driver shall gather supplies pertinent to this
work and make a "Determination of Equipment Condition" as
required by Title 13, California Highway Patrol, Motor Carrier Safety
Regulations.
ATU MOU 10/29/2018–10/25/2020 Page 23
y. "Sign-on Time" is the time at which a * * * Driver is to be on duty as
determined and posted on the run break-down sheets and daily
sign-on sheets.
z. "Sign-up" is that process by which the * * * Director of
Transportation or designee will provide a listing of regularly
scheduled runs for which the Bus Drivers may bid by seniority for
their work assignments as specified in other provisions in the
MOU.
aa. "Split Shift" is a regularly scheduled run having a break in driving
time: provided however, that a break in driving time of less than
one-half hour shall not be considered a split shift and shall be paid
as time worked.
bb. "Spread Time" for a Bus Driver is the total elapsed time from "sign
on" on the Bus Driver’s first run of a day to the time of completion of
the Bus Driver’s last run operated on the same day.
cc. "Squawk Card" is the form used by a * * * Driver to provide
information to the maintenance supervisor that the equipment that
the * * * Driver is operating requires corrective maintenance.
dd. "Standby Bus Driver" is 1) an extra board Bus Driver, day off Bus
Driver or regular Bus Driver scheduled to report at a specific time to
protect the extra board for possible substitution in the event another
Bus Driver fails to report as assigned; 2) an extra board Bus Driver
that may be assigned to stand by when their previously assigned
run for the day is filled by the regularly assigned Bus Driver. When
this occurs that Bus Driver shall be paid either the amount of work
time originally scheduled or the time actually worked, whichever is
greater; or, 3) a regular Bus Driver that may be assigned to
standby when any portion of their regular assignment is not
available.
ee. "Student Driver" is a trainee employee who will not achieve
permanent status as a trainee, and who must be trained and
instructed on all lines and bus equipment of the system until in the
opinion of the * * * Director of Transportation or designee the
trainee employee is capable of performing the duties of a regular or
extra board Bus Driver.
ff. "Temporary Vacancy" is a run or shift vacated temporarily through
illness, industrial injury, leave of absence, suspension or vacation.
ATU MOU 10/29/2018–10/25/2020 Page 24
gg. "Time Point" is the time when a Bus Driver is due to depart a
specific location while performing a work assignment as shown on
the Bus Driver’s printed schedules for Transit service.
[§ deleted]
hh. "Travel Time" for * * * special service Bus Drivers is the elapsed
time from the garage to the point of pick-up or the time from the
* * * special service release point to the garage for regular Bus
Drivers. (See the definition of "Report Time", above.)
ii. "Tripper" is a regularly occurring piece of work less than four (4)
hours not incorporated into a regular run which may be bid by
regular Bus Drivers, Permanent Part Time Bus Drivers or assigned
to the extra board.
jj. "Work Assignment" may be pieces of work, fills, * * * special
service, or replacement work as necessary to be assigned in order
to accomplish all work for the day, or other duties assigned. Other
duties would not include refueling vehicles or restocking of
schedules and transfers. Bus Drivers may be assigned work
including telephone answering, public relations, transport of other
Bus Drivers, coach preparation, radio operation, passenger counts,
road calls, training and conference meetings.
kk. "Vacancy" is a run or shift permanently vacated due to retirement,
resignation or termination from City service.
ll. "Vacation Block" is a minimum of (5) five or more consecutive Bus
Driver work days, exclusive of scheduled days off.
mm. “G.P.S.” is a global positioning satellite system which will not serve
as the sole basis for disciplinary action. Any alleged schedule
adherence violation must be supported by at least two (2) verifiable
sources such as, but not limited to, GPS, video, or supervisor
observation in order for FAX to take any corrective action. A
complaint by a member of the public may be used to initiate an
investigation, but will not be used as one of the verifiable sources.
nn. “Rest Break” is defined as employees who work at least 3.5 hours
in a day, excluding standby, will be entitled to a five (5) minute
break. Employees who are assigned at least 7 hours of work in a
day, excluding standby, will be entitled to two breaks of five (5)
minutes duration. A break is defined as time the bus is parked
along the route, or at the end of the line (including any layover point
on a looped route turn around) where a driver has the option to
secure the bus, get out of the seat, and/or use a nearby facility for
ATU MOU 10/29/2018–10/25/2020 Page 25
food, or shelter with or without passengers on board. Time at the
downtown station stops (Shelters A, B and L) or at Manchester
Center will not be counted towards break time.
B. ASSIGNMENTS AND PAY TIME
1. Bus Drivers shall select their assignment to regularly scheduled runs and
regularly scheduled trippers, or to work from the extra board, on the basis
of seniority. Bus Drivers without sufficient seniority to qualify for regularly
scheduled runs shall be assigned to the extra board. Not more than 25
trippers may be reserved for PPT Bus Drivers who shall bid among
themselves for such trippers. Driving assignments selected or assigned
shall not exceed state and federal driving statutes/requirements. The City
and ATU may agree upon rules and regulations regarding a four ten-hour
day work schedule. At the request of ATU, FAX agrees to maintain a
minimum of 14 midday runs (i.e., runs with sign-on times beginning at
7:00 a.m. and ending no later than 12:00 p.m.), which have Saturday and
Sunday as the days off; however, the City retains the right to set levels of
service, which if reduced, the City agrees to meet and confer solely on the
effects of such a reduction.
2. A regular Bus Driver may be relieved from an assignment so as to provide
an eight (8) hour rest period if said assignment would preclude the Bus
Driver from assuming the next day’s regular scheduled work, provided that
the relief is not made more than nine (9) hours prior to the commencement
of the next day’s assignment. In the event the Bus Driver is not relieved,
the Bus Driver will assume * * * their next regular day’s assignment as
soon as the Bus Driver is legal to drive. Such an assignment will not result
in a reduction in the amount of pay time for that day.
3. The City shall pay overtime to its regular Bus Drivers as follows:
a. For work performed in excess of eight (8) hours in one day, one
and one-half (1 1/2) times the regular/base hourly rate.
b. For work voluntarily performed on any regularly scheduled day off,
one and one-half (1 1/2) times the regular/base hourly rate, except
that, on any given work week, a Bus Driver who has not had forty
(40) hours of actual work time and has not been available for work
on the Bus Driver’s regular work day for any reason other than an
approved leave (i.e., leave time pre-arranged, approved, and
authorized) shall be paid at straight time for work voluntarily
performed on a regularly scheduled day off. For purposes of this
provision, union business shall be considered approved leave. The
Bus Driver shall be eligible for overtime if forced to work by the
Department or has worked over forty hours in a work week.
ATU MOU 10/29/2018–10/25/2020 Page 26
c. For work performed in excess of a 12-hour spread on a regularly
assigned split run, one and one-half (1 1/2) times the regular/base
hourly rate. The City will make a reasonable effort to eliminate the
number of runs with spread times of 13 hours or more. Bus Drivers
with spread runs greater than 13 hours will be compensated at
double the regular/base hourly rate for work performed in excess of
13 hours. However, the compensation received under this
subsection shall not be applicable to regular Bus Drivers who
selected (i.e., during the sign-up process) “trippers” as part of their
regular work assignment.
d. Except for absences due to injury on the job, time off (e.g., non-
productive hours such as miss-outs, vacation, sick leave, doctor’s
appointments, etc.) shall not count toward the calculation of daily
overtime.
e. There shall be no "pyramiding" of overtime or other premiums.
"Pyramiding" shall refer to the times when multiple qualifications for
overtime or other premiums exist.
f. Bus Drivers who are unable to work the day immediately preceding
their regularly scheduled days off for any reason, excluding union
business, may be precluded from working their days off.
4. The City shall pay overtime to its extra board Bus Drivers as follows:
a. For work performed in excess of eight (8) hours in one day, one
and one-half (1 1/2) times the regular/base hourly rate, provided the
guarantee requirement in Article VIII, subsection * * * C.3.,
Guarantee, * * * below has been met.
b. For work voluntarily performed on any regularly scheduled day off,
one and one-half (1 1/2) times the regular/base hourly rate, except
that, on any given work week, a Bus Driver who has not had forty
(40) hours of actual work time and has not been available for work
on the Bus Driver’s regular work day for any reason other than an
approved leave (i.e., leave time pre-arranged, approved, and
authorized) shall be paid at straight time for work voluntarily
performed on a regularly scheduled day off. For purposes of this
provision, union business shall be considered approved leave. The
Bus Driver shall be eligible for overtime if forced to work by the
Department or has worked over forty hours in a work week.
c. For work performed in excess of a 12-hour spread one and one-half
(1 1/2) times the regular/base hourly rate. (It is expressly
understood that an extra board Bus Driver is required to accept the
“tripper” that is part of the regular Bus Driver’s bid.
ATU MOU 10/29/2018–10/25/2020 Page 27
d. Except for absences due to injury on the job, time off (e.g., non-
productive hours such as miss-outs, vacation, sick leave, doctor’s
appointments, etc.) shall not count toward the calculation of daily
overtime.
e. Bus Drivers who are unable to work the day immediately preceding
their regularly scheduled days off for any reason, excluding union
business, may be precluded from working their days off.
5. Standby time shall be paid at the applicable hourly rate, and for the
purpose of computing overtime, shall be included in the total number of
hours worked in the pay period in which the standby time occurs.
6. Layover time shall be paid for at the applicable hourly rate, and for the
purpose of computing overtime, shall be included for round-trip * * *
special service runs less than 100 road miles from the garage.
7. a. A Bus Driver called back to work after completing work
assignments for the day and having left the property or on a day not
scheduled to work, will be paid for the actual time worked or for two
(2) hours, whichever is greater. A Bus Driver called into work may
be assigned one or more pieces of work for that day, however the
two (2) hour minimum will apply only once for that day.
b. A Bus Driver called in to work before the Bus Driver’s initial regular
work assignment for the day shall be paid a minimum of two (2)
hours or for actual work, whichever is greater.
8. Report back refers to a standby Bus Driver who during the course of the
day is released from duty, and directed to return later that same day. FAX
will limit the number of report backs to no more than three (3) occurrences
in a day, which includes the initial standby assignment for the same day.
In the event FAX requests a fourth report back, the standby Bus Driver will
have the right to refuse. If the standby Bus Driver chooses to accept the
fourth report back request, the standby Bus Driver will receive the
applicable regular/base rate of pay for actual hours worked, plus all
applicable premiums. In the event the standby Bus Driver refuses to
accept the fourth report back request, FAX may, at its discretion, place the
standby Bus Driver on standby, and assign the standby Bus Driver to the
assignment that was the subject of the fourth report back.
In the event the fourth report back assignment is changed through no fault
on the part of the standby Bus Driver, the standby Bus Driver will be paid
the applicable regular/base rate of pay for the number of hours of the
ATU MOU 10/29/2018–10/25/2020 Page 28
fourth report back assignment, or the number of hours actually worked,
whichever is greater.
9. Each Bus Driver assigned to duty as a Platform Instructor of a Student
Driver shall be paid for one hour at straight time in addition to scheduled
hours, for each full shift worked as a Platform Instructor, regardless of the
number of students instructed. Such one hour shall not be considered as
time worked nor for calculation of any overtime due, nor shall it be
considered as a part of the "guarantee" for an extra board Bus Driver. A
list of Bus Drivers eligible for instructor duty shall be kept by FAX and
instructor duty shall be equitably assigned, consistent with the needs of
the service.
10. Notwithstanding any other provision of this MOU, a Bus Driver assigned to
a round trip * * * special service run in connection with emergency duty
with fire, police, armed forces, etc., shall be paid at the applicable hourly
rate for all driving time and at straight time hourly rate for any other
compensable time.
11. Any Bus Driver required to take a City-ordered physical examination (not
including D.M.V. required physical) shall be compensated at the
applicable hourly rate for the time actually required to take the
examination.
12. The number of regularly scheduled split runs shall not exceed 46% of the
total number of regularly scheduled runs, calculated on a weekly basis.
13. Any Bus Driver who is assigned to perform work normally performed by an
employee in a lower class due to injury, illness, light duty or other reason,
shall be paid at the Bus Driver's rate of pay subject to the provisions of
Article IX, Section B. Pay for provisional appointments and acting pay
shall be governed by the applicable provisions of the FMC and salary
resolution.
14. Whenever a regular run includes a scheduled coach pull-in, five (5)
minutes sign-off time will be included in the pay time. Whenever a regular
run includes an in-service relief, five (5) minutes sign-on time will be
included in the pay time.
15. A Bus Driver assigned to training will be paid for actual hours spent in
training plus any time worked that day. Bus Drivers paid for eight (8) hours
training may be given additional work at the discretion of the dispatcher.
ATU MOU 10/29/2018–10/25/2020 Page 29
C. EXTRA BOARD
1. Assignment of Work From the Extra Board
This procedure defines the method by which extra board personnel are
assigned to the board and the procedure to be followed in assigning work
to extra board Bus Drivers.
a. Assignment to the Board
(1) Bus Drivers shall bid for extra board positions at each sign
up in order of seniority.
(2) Extra board Bus Drivers shall have two regularly scheduled
days off per week. Extra board days off shall be determined
by the needs of the system and bid on by extra board Bus
Drivers in order of their board seniority. Split days off will be
kept to a minimum.
b. Assignment of Work Hours
(1) Extra board Bus Drivers on days off shall have first choice of
available day off work or first right of refusal of available day
off work. However, if no Bus Driver accepts the offer of extra
work, the least senior extra board day off Bus Driver will be
assigned. In the event extra board Bus Drivers have been
exhausted, any Bus Driver, in inverse seniority, shall be
assigned that work to meet the needs of the system. (See
Article VIII C. 1. c. (3) (e).)
(2) Should there be no extra board Bus Driver available for extra
work or unfilled work, a regular Bus Driver shall be assigned
to meet the needs of the system. However, on the day of
work, should a piece of work become available one hour
prior to sign on time and there are no standby Bus Drivers or
working extra board Bus Drivers available, any Bus Driver
who is available may be used to meet the needs of the
system.
(3) All Bus Drivers, except extra board Bus Drivers, desiring
work on their days off will indicate so by signing the extra
work list provided at each sign up.
(4) All regular Bus Drivers desiring extra work on their
scheduled work days will indicate so by signing the extra
work list provided at each sign up.
ATU MOU 10/29/2018–10/25/2020 Page 30
(5) All extra board Bus Drivers desiring to work on their
scheduled days off will indicate so by signing the extra board
days off weekly overtime selection form.
(6) Extra board Bus Drivers may drive any combination of
regular runs, details or any other duty provided such an
assignment will not violate California Highway Patrol Rules
and Regulations.
(7) If a Bus Driver is unable to report to work as assigned due to
the previous day’s assignment, the Bus Driver will be placed
in the proper rotation of standby when legal to drive. If two or
more Bus Drivers are legal to drive at the same time,
standby order will be determined according to the position on
the extra board rotation order for that day.
c. Work Assignments: Day Before Operating Day
(1) The rotation line shall be established above the first Bus
Driver with the greatest seniority at each sign up. The
rotation line shall move two (2) positions down the board for
each day of service. This rotation rate may be changed by
mutual agreement. This number shall include the positions of
Bus Drivers who are on days off, on sick leave, vacation
days, suspensions, hold downs, or not working for any
reason. It is expressly understood that an extra board Bus
Driver is required to accept the tripper that is part of the
regular Bus Driver’s bid.
(2) (a) The posting of daily assignments shall be
accomplished no later than 3:00 p.m. the day before
the work is performed. Extra board Bus Drivers shall
call in after 4:00 p.m. to ascertain their assignment for
the next day. Whenever assignments must be
changed after 4:00 p.m., FAX shall notify all affected
Bus Drivers.
(b) Mis-assignments may be corrected by 4:00 p.m. After
that time, FAX has the option of paying for the error
under Section C. 2. (e) below, or of changing the
assignments and notifying all Bus Drivers affected. A
Bus Driver who discovers an error in the Board should
bring that error to the attention of the supervisor on
duty responsible for the Board as soon as the error is
discovered.
ATU MOU 10/29/2018–10/25/2020 Page 31
(c) Any other work becoming available after the Board is
posted, regardless of the time, shall be treated as a fill
and shall be assigned to a standby Bus Driver on the
day of work.
(d) ATU shall be furnished a copy of the first daily
assignment sheet, then the finished copy if revised, to
include corrections to mis-assignments.
(e) Any Bus Driver who is assigned work not consistent
with the terms and conditions of the MOU shall be
paid for the work the Bus Driver should have
performed, subject to the following:
(i) Only the first Bus Driver originally mis-assigned
shall be compensated.
(ii) Pay shall be only at the regular/base hourly
rate, which shall count towards weekly
overtime.
(iii) For a mis-assignment of day off work, the Bus
Driver will be paid for the actual hours mis-
assigned, in increments of one-tenth of an
hour, or four (4) hours, whichever is less at the
regular/base hourly rate. This shall be the full
compensation for a mis-assignment of day off
work.
(iv) Payment for a mis-assignment must be
requested within seven (7) calendar days from
the date the assignment in dispute was posted.
If payment is requested within seven (7)
calendar days, the department shall have
fourteen (14) calendar days from receipt of the
request to provide a response to the dispute. If
the department fails to respond to the dispute
or denies the payment within the fourteen (14)
calendar days, the Bus Driver must utilize the
grievance procedure for any payment due to a
mis-assignment. The time for submitting such a
grievance, if necessary, will commence on the
date the department’s response is delivered to
the driver or on the fourteenth (14th) day,
whichever is sooner.
ATU MOU 10/29/2018–10/25/2020 Page 32
(f) If ATU or a Bus Driver alleges that an error in
assignment has been made, the Bus Driver shall work
the assignment and may grieve the assignment
afterwards as described in (iv), above.
(g) Changing of the extra board rules may be made by
mutual agreement of both parties.
(3) FAX retains the exclusive right to determine combinations of
work for the extra board based upon the needs of the
system. This procedure defines the method by which extra
board personnel are assigned to the board and the
procedure to be followed in assigning work to extra board
Bus Drivers.
(a) Extra board work will be assigned daily from the
rotation line down the board in the following manner:
(i) Available daylight runs, with most hours first,
available midday runs with most hours second,
available night runs with most hours third,
available split runs, with most hours fourth.
(ii) Combinations of work totaling as close to eight
(8) hours as practicable, but not less than
seven (7) hours, combinations of work with
most hours will be assigned first.
Combinations of work are not regular runs and
details, but pieces of work other than regularly
scheduled runs. They can be a combination of
details, fills, etc.
Details not assigned may be added to regularly
scheduled runs worked by extra board Bus
Drivers, as needed on a most pay time basis.
(iii) Standby assignment for regular extra board
Bus Drivers (total number determined when all
other work is assigned).
(iv) Details, Trippers and Fills less than seven (7)
hours with most hours first.
(v) Assignments of equal hours with earliest sign-
off first.
ATU MOU 10/29/2018–10/25/2020 Page 33
(b) Bus Drivers who volunteered to work overtime will be
assigned in the following order:
1st - Extra board Bus Drivers on their day off.
2nd - Extra board Bus Drivers on hold downs on their
days off.
3rd - Regular Bus Drivers who signed up for
overtime on their regular work day.
4th - Regular Bus Drivers who signed up for
overtime on their days off.
5th - Bus Drivers who volunteer to work while on
vacation, in the order of seniority, subject to the
provisions of Article VIII, D.2.I..
(c) Bus Drivers who volunteered for overtime work on
days off must notify the dispatcher by 10:00 a.m. the
day before their days off, of their intent to refuse any
extra work. Any extra time refused by regular Bus
Drivers will be documented and tracked as red time
as if it were actually worked.
(d) Bus Drivers not working on their sixth day, but
working on their seventh day, must be contacted by
dispatch before being assigned any work. Dispatch
must contact the Bus Driver in person or in person by
phone (telephone answering machines or third parties
do not constitute contacting the Bus Driver).
(e) No extra board or regular driver will be forced to work
on their seventh day. For purposes of forced work, the
seventh day will be the drivers second scheduled day
off (i.e., drivers that have Sundays and Mondays as
days off, Monday will be considered the seventh day).
If a driver is to be forced to work on their sixth day,
dispatch must contact the bus driver in person or by
phone (telephone answering machines or third parties
do not constitute contacting the bus driver).
(f) Any Bus Driver forced to work on their sixth day will
be notified by 4:00 p.m., or earlier, the day the extra
board is posted.
ATU MOU 10/29/2018–10/25/2020 Page 34
d. Work Assignments: The Day of Operation
(1) Should a piece of work become available on the day of
operation and there are no standby Bus Drivers or any
scheduled to report prior to sign on time, work will be
assigned in the following order, except as provided for in
Article VIII C.1.b.(2) and Article VIII C.1.c.(3)(e):
1st - Extra board Bus Drivers on their regular work day,
including those Bus Drivers assigned to a hold down.
2nd - Extra board Bus Drivers on a day off who signed up
for overtime.
3rd - Extra board Bus Drivers on hold downs on days off
who signed up for overtime.
4th - Regular Bus Drivers who signed up for overtime on
their regular work day.
5th - Regular Bus Drivers on days off who signed up for
overtime.
6th - Bus Drivers who volunteer to work while on vacation,
in the order of seniority.
7th - Regular Bus Driver on a regular work day that did not
sign up for overtime when it becomes necessary to
maintain the service.
8th - Extra board Bus Drivers on a day off who did not
volunteer for overtime with the least seniority.
9th - Regular Bus Driver on a day off who did not volunteer
for overtime with least seniority.
(2) In the event there are two or more Bus Drivers standing by,
the first Bus Driver shall take the assignment that signs on
first (first up, first out). However, if two assignments sign on
at the same time, the first Bus Driver will take the
assignment which contains the most number of hours. If the
assignments are of equal pay time, the first Bus Driver will
take the assignment with the earliest sign off time. If standby
extra board Bus Drivers are to be cut off (released), such cut
offs shall be from first sign on time. However, if standby Bus
Drivers sign on at the same time, release will be from the
bottom of the list.
ATU MOU 10/29/2018–10/25/2020 Page 35
2. Hold Down Work Assignments
a. When it becomes known that a regular run will be open for a period
of five (5) or more working days or 4-10 work schedule the run will
be designated a hold down. Such open runs shall be made
available to extra board Bus Drivers on a seniority basis. Hold
downs will be posted for bidding for three work days following the
day of posting. Bidding cutoff will be at 8:00 P.M. and hold downs
will be assigned on the day prior to the extra board being
completed. Such assignment shall last for the dates originally
posted or until such time as the regular Bus Driver returns or the
next sign-up.
b. Bus Drivers working hold downs, will assume the days off of the
hold down.
c. (1) A hold down will not start until the Bus Driver has
actually worked the hold down; i.e., pulled out the bus. If the
Bus Driver assigned the hold down fails to pull out the run on
the first day (except as provided in c. (2) or c.(3) below, the
hold down will be assigned to the next Bus Driver in seniority
who bid the hold down providing the hold down lasts for at
least five (5) more working days or 4-10 work schedule.
However, if the piece of work lasts for only four (4) more
working days, it will be filled day by day off the extra board in
the normal rotation and not be considered a hold down.
(2) Notwithstanding c. (1) above, a Bus Driver that bids a hold
down who fails to pull out the run on the first day only, due to
vacation, City business, union business, jury duty, sick
leave, medical appointment, military leave, or state and
federal mandates, shall retain the hold down. Failure to pull
out the run on the first day of the run for any other reasons
shall result in loss of the hold down. Missing the first two
days of the hold down shall result in the loss of the hold
down, regardless of the reason for the absence. Bus Drivers
who have been absent 40 hours or more when the hold
down is scheduled to start will not be forced on the hold
down on their first regular day of work. However, if there are
five (5) or more days or 4-10 work schedule left on the hold
down, the next available least senior Bus Driver returning
from an absence will be assigned that hold down. With the
exception of the condition above, Bus Drivers forced on hold
downs will not lose the hold down.
ATU MOU 10/29/2018–10/25/2020 Page 36
(3) An Extra Board Bus Driver who is successful in bidding or
forced on a hold down assignment will not report to work
until such time that the Bus Driver is legal to drive. Upon
reporting to work, the Bus Driver will then be given the hold
down assignment. After completing the hold down
assignment for the first day, if the driver has not worked at
least eight hours for the day, the dispatch supervisor may
assign the driver, according to Article VIII, C., 1, d., (1) or if
determined by the dispatcher supervisor that the extra board
driver is not needed, the extra board driver shall be released
from any further work for the day and will be paid the
guaranteed eight (8) hours.
d. In the event no Bus Driver bids the hold down (or no other Bus
Driver has bid the run in the situation described in c. [1] above), it
shall be assigned to the extra board Bus Driver with the least
seniority. The assignment shall be for the dates originally posted or
until such time as the regular Bus Driver returns or the next sign up
or markdown which-ever occurs first. A hold down may be
reassigned to the same Bus Driver if the Bus Driver is still least in
seniority.
e. Forced hold downs with indefinite ending dates, shall expire on the
last day of each month and will be re-posted to be effective the first
working day of the following month.
3. Guarantee
Each extra-board Bus Driver shall be guaranteed pay equivalent to eight
(8) hours at the regular/base rate of pay on each of the Bus Driver’s
regular work days, provided the Bus Driver actually works all of their
assignment(s) for that day.
D. GENERAL RULES FOR BUS DRIVERS AND STUDENT DRIVERS
1. Sign-Ups
a. Upon implementation of a two week pay period, sign-ups will be
adjusted to coincide with the biweekly pay periods. There shall be
five complete sign-ups per year:
(1) January
(2) March
(3) June
ATU MOU 10/29/2018–10/25/2020 Page 37
(4) August
(5) November
b. If it becomes necessary to have an emergency sign-up, the above
sign-ups will still be held, unless an emergency sign-up was held
within thirty (30) days of scheduled sign-up. This exception
shall only be invoked once in any rolling twelve (12) month
period.
c. If there is a change in the pay hours in any regularly scheduled run
or bid trippers exceeding fifteen (15) minutes, the Department and
the Union shall meet to determine how the matter will be resolved.
Such resolution may include, but shall not be limited to, providing
alternate work to keep employees whole or reassignments. If the
parties are unable to reach mutual agreement on resolution within
seven (7) calendar days of notice of the change in pay hours, there
shall be a new sign-up or mark down as required to allow seniority
to prevail in the selection of work assignments.
d. FAX will notify the membership thirty (30) days in advance of the
effective date of the next bid sign-up. A sign-up roster shall be
posted ten (10) days prior to the day of a sign-up, except in
emergencies or other instances beyond the control of FAX. A copy
shall be provided to ATU. Bus Drivers may leave a written proxy
with the dispatcher, and the dispatcher and the ATU President or
designee will work jointly to select a run for the Bus Driver
according to the proxy. Choices on the proxy shall be ranked in
numerical order of priority (e.g., 1=first choice, etc.). If the run or
runs specified in the proxy are not available, the run or runs will be
selected by the ATU President or designee. Sign ups will be
conducted over a twelve (12) hour period with the first bid to be
submitted and posted no later than 6:00 a.m. and concluding at
6:00 p.m. Bus Drivers selecting assignments within the first three
(3) hours (6:00 a.m. to 9:00 a.m.) will be allotted fifteen (15)
minutes for the purpose of selecting assignment(s) and then every
twenty-five (25) minutes thereafter.
The ATU President or designee when performing duties in
association with this provision will be considered on City business
during the time the sign-up process is scheduled by the
Department. Such time shall be compensable at the applicable
hourly rate for all hours during and until the bid sign-up is
concluded. However, if the bid sign-up concludes earlier than the
scheduled time, the ATU President or designee shall be assigned
alternative duties to assure no loss of scheduled pay occurs.
ATU MOU 10/29/2018–10/25/2020 Page 38
The ATU President or designee who is assigned a partial day to
conclude the sign-up process shall be assigned alternative duties,
at the discretion of the Department, to assure the person is
compensated for no fewer hours than would have been received on
that day if not assigned to the sign up.
The ATU President or designee shall not be scheduled to perform
the bid sign-up process on their scheduled days off.
e. Sign up procedures may be modified by mutual agreement
between the City and ATU.
[§ deleted]
2. Annual and Daily Vacation
a. Vacation shall be accrued at the following rates:
less than five (5) years of service, eight (8) hours per month;
between five (5) years and eight (8) years, ten (10) hours per
month; between eight (8) years and twenty (20) years, 11.33; and
more than twenty (20) years, 14.66 hours per month.
b. Daily vacation is that earned vacation (or leave used for vacation
purposes) time off not assigned upon the basis of seniority.
c. Bus Drivers are encouraged to utilize earned leave for vacation
purposes on a scheduled basis.
d. Approval for daily vacation may be granted in minimum increments
of one (1) hour when said vacation will not interfere with the
operations of FAX and when such vacation can be granted without
the necessity of paying undue overtime for replacement personnel.
Daily vacation, when granted, must be on a first come, first serve
basis, except in the event the * * * Director of Transportation or
designee determines emergency or other unusual circumstances
exist.
e. Daily Vacation Leave - Within ninety (90) to thirty (30) calendar
days advance request, FAX will grant daily vacation leave requests
of five (5) consecutive days or less to the first four (4) Bus Drivers
who request such time.
Before a request will be approved, Bus Drivers must have sufficient
time in their leave bank to cover the requested daily vacation. A
Driver who has sufficient leave when daily vacation is initially
approved but does not have sufficient leave before the scheduled
ATU MOU 10/29/2018–10/25/2020 Page 39
leave will be advised that the leave is cancelled. If a Driver is
inadvertently allowed to take the day off when out of leave, an
incident will not be charged. * * *
It is expressly understood that the requested daily time of five (5)
consecutive days or less must be taken within ninety (90) calendar
days of said request. Cancellations require four (4) calendar days
advance notice to FAX. FAX shall give four (4) calendar days
advance notice to Bus Drivers of cancellation of daily vacation due
to an emergency. An emergency is defined as circumstances
beyond the control of FAX, and shall not include staffing shortages.
Should the number of Bus Drivers reach 300, daily vacation will be
allowed for the first five (5) Bus Drivers who request such time in
accordance with the same terms herein.
f. Annual vacation shall be bid on the basis of seniority.
g. Annual vacation bids shall start the first Monday in November for
the following calendar year. The vacation calendar listing the Bus
Driver names and seniority numbers will be posted five days prior
to the commencement of the vacation bidding. Vacation sign-ups
will be conducted Monday through Friday until each Bus Driver has
had an opportunity to submit a bid according to the procedure in h.
below.
h. In accordance with seniority, eight (8) Bus Drivers per day, Monday
through Friday, will be scheduled to submit their vacation block bids
by 4:00 p.m. of the scheduled day on a vacation bid form and
awarded according to the Bus Driver’s seniority. Vacation bids will
not be held up for any Bus Driver. Should a Bus Driver submit a
vacation bid after the Bus Driver’s scheduled time period, it shall be
accepted at that time for the vacation time slots available at the
time submitted. In accordance with seniority, Bus Drivers may
submit bids for as many time blocks of vacation that is equal to their
annual accrual, plus thirty percent (30%) of their vacation balance
at the time of the sign up. (Note: Holiday leave is not counted as
annual leave accrual for annual vacation bid, but will be considered
as part of the leave bank for the purpose of determining the
additional 30% of hours that can be bid.) The number of Bus
Drivers allowed on scheduled vacation blocks at any one time
period will be determined by the Operations dispatching
supervisory staff according to manpower requirements.
(1) It is understood that permitting the blocking of vacation in
segments greater than seven (7) consecutive days or more
which includes two days off may result in the fragmentation
of blocks, in which event Bus Drivers who have yet to make
ATU MOU 10/29/2018–10/25/2020 Page 40
their vacation selection will need to bid on those remaining
segments in blocks of six (6) consecutive days or less.
(2) All Bus Drivers shall be allowed to sign up for the amount of
annual accrued vacation, except as provided in paragraph
(6), below.
(3) Bus Drivers shall have only one opportunity to select
vacation time, or times, of their choice during the bidding
period. Once all eligible Bus Drivers have exercised their
right to bid on vacation time, there shall be no second time
around to sign-up.
(4) Bus Drivers will be allowed to select any amount of
consecutive vacation days not less than a minimum of seven
(7) consecutive days or more which includes two (2) days off
(example: 5, 6, 7, 8, or 9).
(5) In the event there are no vacation blocks of seven (7)
consecutive day blocks left, which include two (2) days off,
the Bus Drivers may choose any partial blocks left, not to
exceed their annual accrued vacation time. Example: For a
two (2) week accrual, the Bus Driver could pick any blocks
left that add up to ten (10) days.
(6) Additional fragmentation of vacation blocks will be allowed to
enable a Bus Driver to bid all accrued vacation time for that
year. This will only be allowed if the Bus Driver’s remaining
days do not fit a fragmented vacation block.
(6) Additional fragmentation of vacation blocks will be allowed to
enable a Bus Driver to bid all accrued vacation time for that
year. This will only be allowed if the Bus Driver’s remaining
days do not fit a fragmented vacation block.
[§ deleted]
It is the Bus Driver’s responsibility to verify that they have adequate
vacation hours accrued prior to starting any vacations.
i. A Bus Driver may cancel scheduled vacation with seven (7) or
more calendar days advance notice, and less than seven (7)
calendar days if an emergency as determined by the * * * Director
of Transportation or designee.
j. When a vacation block has been vacated due to retirement or
termination from employment, it shall be put up for a seniority bid.
ATU MOU 10/29/2018–10/25/2020 Page 41
When a vacation block has been vacated for any other reason, it
may be put up for a seniority bid. Vacated vacation blocks will be
posted on a vacation bid form for a period of five days and will be
pulled for assignment at 8:00 p.m. on the fifth day. It will be all Bus
Drivers' responsibility to periodically check the posting board for
any pieces of work that may be available or vacations that may be
available.
Bus Drivers desiring to bid on posted vacated vacation blocks must
indicate so by signing on the posted form for the entire vacation
block. This block may be in addition to their already scheduled
vacation providing that they have the time available for both
vacations or they may give up their previously bid vacation and it
will then be considered vacant and may be bid according to the
vacated vacation block procedure.
k. It is each Bus Driver’s responsibility to monitor their vacation
accrual hours. Bus Drivers with less than 20 years of service are
allowed to accrue 340 hours of vacation. Bus Drivers with 20 or
more years of service are allowed to accrue 420 hours. During the
term of this MOU, Bus Drivers who have reached maximum
accrual, and have bid at least two weeks of scheduled vacation,
may request from the department an additional 20% accrual for a
period of 90 days. If the Bus Driver is unable to reduce their
vacation accrual balance by the end of the extension period, the
Bus Driver shall have all excess hours above the maximum accrual
cashed out at the Bus Driver’s regular/base rate of pay.
l. At the discretion of management, Bus Drivers on scheduled
vacation leave may be permitted to work by notifying the
department of their desire to work prior to the beginning of the
scheduled vacation. A Bus Driver who fails to operate a run as a
result of a request to work while on scheduled vacation, will be
subject to any established disciplinary action
m. Exchange of regular scheduled vacation blocks may take place
between drivers by mutual agreement during calendar year that the
vacations were bid. The exchange will be in equal days with a
minimum exchange of seven (7) consecutive days. Notice must be
given within seven (7) or more calendar days of exchange taking
place.
ATU MOU 10/29/2018–10/25/2020 Page 42
3. Alternative Workweek Work Schedules
* * *
a. Alternative workweek work schedules may be necessary in order to
provide minimum staffing, and/or based upon the service needs of
the public, and/or other operational efficiency requirements. It is
expressly understood that work assignments are determined and
established by FAX based upon these requirements.
b. If established, Bus Drivers shall select a 5/8 or 4/10 assignment
based on the applicable MOU provisions contained in Article VIII,
D.1., Sign-Ups.
c. The hours for Bus Drivers working a 5/8 will consist of five (5) eight
(8) hour days with two (2) consecutive days off. The hours for Bus
Drivers working a 4/10 will consist of four (4), ten (10) hour days
with three (3) consecutive days off. The number of 4/10
assignments will initially be limited to no more than sixteen (16),
although the number and type of 4/10 assignments can be
expanded by mutual agreement by the parties. Generally, days off
will either be Friday through Sunday or Saturday through Monday,
with no more than five of all 4/10 assignments with consecutive
days off other than those listed in this provision.
d. FAX may discontinue alternative workweek work schedules at any
time if it is determined by management that they detrimentally affect
department operations and services. A thirty (30) day advance
notice will be given in writing to affected Bus Drivers, ATU Local
1027, and the Labor Relations Division. The decision to discontinue
alternative workweek work schedules is neither appealable nor
grievable. If FAX discontinues alternative workweek work
schedules established under this provision, a new sign-up will be
held and Bus Drivers will revert to 5/8 standard/normal workweek
work schedules in accordance with Article VIII, D.1., Sign-Ups.
e. Except as detailed directly below, applicable MOU provisions,
Salary Resolution, FMC, and Administrative Order Sections
concerning alternative workweek work schedules (i.e., 4/10)
limitations on OT, holidays, leave accrual and usage, sick leave
accrual and usage, and night shift premium pay will govern.
(1) OT - Work in excess of ten (10) hours in one (1) day, or on
days off in a workweek shall be compensated at one and
one-half (1 1/2) times the base rate of pay.
ATU MOU 10/29/2018–10/25/2020 Page 43
Ten (10) hours of work on a holiday, which is a regular
workday, shall be compensated at normal base pay, plus
eight (8) hours of straight time/base pay for the holiday.
(2) Holidays - Bus Drivers working a 4/10 shall receive 11
holidays of eight (8) hours, plus their birthday of eight (8)
hours. Bus Drivers off on a holiday which falls on a regular
workday shall receive eight (8) hours of base pay for the
holiday, and may elect to take two (2) hours vacation or CTO
to provide for a full ten (10) hours of pay, or may elect to
take two (2) hours leave without pay.
(3) Sick Leave - Bus Drivers working a 4/10 shall accumulate
the same number of hours of sick leave per month as under
the 5/8 standard.
(4) Vacation - Bus Drivers working a 4/10 shall accumulate the
same number of vacation hours per month as under the 5/8
standard.
f. In the event FAX decides to discontinue the 4/10 alternative
workweek work schedules, a new sign-up will be held using run-
cuts substantially similar to those in effect at the time this
agreement is ratified. The run-cuts to be bid will include a
percentage of daylight, midday, and night runs, with days off similar
to those in effect at the time this agreement is ratified.
4. Sick Leave
a. Full-time Bus Drivers and Student Drivers shall accrue sick leave
at the rate of eight (8) hours for each completed calendar month of
employment. * * * Sick leave shall accumulate up to a maximum of
nine hundred (900) hours. * * *
A supervisor shall have the right to require that a Bus Driver or
Student Driver provide a * * * health care provider’s verification
of * * * illness at any time the supervisor suspects that the request
for sick leave may not be legitimate, unless prohibited * * * under
California Labor Code 233, FMLA/CFRA, or other protected
leave. * * * In the event of a disagreement, the matter will be
referred to the Transit Operations Manager or designee for final
determination. FAX will provide the Bus Driver or Student Drivers
with a written explanation outlining the reason(s) for said request.
Failure to comply with a request by a supervisor to provide a * * *
health care provider’s verification of illness will be grounds for
corrective action, up to and including termination. Health care
providers shall be as defined in the Family and Medical Leave
ATU MOU 10/29/2018–10/25/2020 Page 44
Act (FMLA).
Sick Leave Policy for Fax Bus Operators, P2-3 and P2-4, Doctor’s
Verification, shall no longer apply to members of this Unit.
Attendance Policy, Addendum I, incorporated into this MOU by
reference shall apply, as well as the FMC, City administrative
orders, policies, procedures, rules and regulations concerning sick
leave usage and administration. In the event of any conflict, the
provisions of the Attendance Policy, shall apply.
b. Notwithstanding the provisions in the Attendance Policy, the
following shall apply:
(1) A Bus Driver subject to disciplinary action that results in a
suspension without pay or imposition of a fine shall have the
option to request either the suspension without pay or in lieu
of the suspension, a fine pursuant to FMC Sections 3-280
and 3-281.
(2) Bus Drivers and Student Drivers are encouraged to
schedule all routine medical and/or dental appointments
outside of regular work hours when practical. Routine
medical and/or dental appointments will not be considered
an incident provided the Bus Driver or Student Driver
notifies dispatch before 10:00 a.m. the day prior to the
appointment, written verification of the appointment is
provided upon the Bus Driver’s or Student Driver’s return to
work, and the Bus Driver or Student Driver works a
minimum of four (4) hours on the day in which the
appointment occurred.
The parties acknowledge that there may be situations in
which it will not be reasonable to schedule a doctor’s
appointment that would allow a Bus Driver or Student
Driver to return to work in less than four (4) hours (e.g., Bus
Driver has a 5:00 a.m. sign on time and the doctor does not
schedule appointments until 9:00 a.m.). In those cases in
which notice of the routine medical and/or dental
appointment was given before 10:00 a.m. the day prior to the
appointment, the Bus Driver can request the use of vacation
leave to cover the time between the appointment and the
sign on time. If approved, this time will be considered as pre-
approved leave and will not be counted as an incident. An
exception to this provision is if multiple * * * health care
provider appointments are scheduled for the same day.
All * * * health care provider appointments of four (4) hours
ATU MOU 10/29/2018–10/25/2020 Page 45
or less that are made during work hours without notice given
before 10:00 a.m. the day prior to the appointment, will be
considered an incident unless prohibited under California
Labor Code 233, FMLA/CFRA, or other protected leave,
or the Bus Driver or Student Driver provides written
verification from the treating physician that the illness/injury
was an emergency that required immediate medical care.
(3) A partial incident is when a Bus Driver reports for work as
required, and remains at work as scheduled for a minimum
of four (4) hours, and for PPTs a minimum of fifty percent
(50%), of their assignment for the day. Two (2) partial
incidents equal one (1) incident in a rolling twelve (12) month
period. If the partial incident continues into the next working
day(s), the Bus Driver shall incur only one (1) incident for the
absence.
(4) In the event a Bus Driver does not return to work following
an approved leave under the Attendance Policy, the Bus
Driver will be charged with an incident. However, the incident
may be submitted to * * * the Director of Transportation or
designee for review.
c. Appointment cards are not acceptable forms of verification.
d. Full-time Bus Drivers and Student Drivers shall be allowed up to
forty-eight (48) hours of accumulated sick leave per fiscal year for
Protected Sick Leave * * *used only for those purposes defined in
* * * California Labor Code Section 233. The first three days or
twenty-four hours, whichever is greater, of Protected Sick
Leave used by an employee on or after July 1 of each year
shall be considered leave taken under California Labor Code
Section 246.5 (i.e., AB 1522, Healthy Workplace Healthy Family
Act of 2014). Use of * * * Protected Sick Leave shall be authorized
and recorded by a department head or designee.
* * *
e. Bus Drivers returning from sick or injury pay who fail to notify
Dispatch before 10:00 a.m. the day prior to their return may be
given any available work or sent home, as determined by the
Department.
f. Bus Drivers who are subject to a 6th Incident under the Attendance
Policy will receive a written reprimand and counseling to be served
* * * by the * * * Director of Transportation or designee, or
Transit Operations Manager or designee.
ATU MOU 10/29/2018–10/25/2020 Page 46
g. The Attendance Policy shall be applied on a rolling twelve month
period. In the application of the Attendance Policy. * * *
h. Employees who terminate City employment and return within
one year of such termination will be entitled to reinstatement
of their unused sick leave balances at the time of termination
from City employment, up to a total of 48 hours.
5. Holidays
a. Except as may be modified in this Section, Holidays shall be
governed by FMC Section 3-116.
(1) January 1.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) July 4.
(6) The first Monday in September.
(7) September 9. Effective calendar year 1994, the parties have
agreed that the Day before Christmas will be the holiday in
place of Admissions Day, with FAX's prerogative to operate
at either Saturday or Sunday level service.
(8) November 11.
(9) Thanksgiving Day in November.
(10) The Friday after Thanksgiving Day in November.
(11) December 25.
(12) Bus Driver’s or Student Driver’s Birthday.
Any day or part of a day declared by the Council, ordinance or
resolution, to be a holiday.
c. All Bus Drivers and Student Drivers will receive eight (8) hours
compensation for the above holidays with the following exceptions:
ATU MOU 10/29/2018–10/25/2020 Page 47
(1) Work performed on a holiday which is a scheduled work day,
a Bus Driver or Student Driver shall receive regular salary
plus the applicable hourly rate for the hours worked on that
day.
(2) When a holiday falls on a regularly scheduled day off, Bus
Drivers and Student Drivers in this unit will receive (8)
hours of holiday leave.
(3) Bus Drivers and Student Drivers who are called in or
scheduled to work a holiday, which is their regularly
scheduled day off, will be compensated at time and one-half
for a minimum of two hours or, for actual hours worked,
whichever is higher.
(4) Bus Drivers and Student Drivers who are on leave without
pay prior to a holiday will not receive compensation or leave
for the holiday unless they actually work the holiday.
(5) Bus Drivers and Student Drivers will be credited with eight
hours of vacation in recognition of their birthday.
(6) Holiday leave may be used for the same purpose and in the
same way as approved vacation except as noted in (7) and
(8) below.
[§ deleted]
(7) Effective October 29, 2018, all Holiday Leave will be
placed in a special Holiday Leave bank which shall not
be subject to the provisions of subsection (8) below.
Employees can cash out up to 48 hours or up to 25% of
their balance of the Special Holiday Leave bank,
whichever is greater, each fiscal year between July 1st
and December 30th. Any Special Holiday Leave balance
will be cashed out upon leaving City service.
(8) Holiday Leave will be accrued until it reaches forty-eight
(48) hours. Upon reaching the Holiday Leave bank cap,
all additional Holiday Leave earned will be cashed out
unless and until the Holiday Leave bank balance falls
below the cap. Any Holiday Leave balance for Bus
Drivers or Student Drivers leaving City service will be
cashed out. Holiday Leave may be taken in accordance
with Section 5. c. (6) or may be cashed out at any time.
ATU MOU 10/29/2018–10/25/2020 Page 48
(9) Holiday Leave and Special Holiday Leave is not counted
as annual leave accrual for annual vacation bid, but will be
considered as part of the leave bank for the purpose of
determining the additional 30% of hours that can be bid.
6. Employee Incentive Time Off
Employees whose actual regular hours worked (i.e., hours actually
worked) and paid City observed holidays during a measurement
period are equal to or greater than 430 hours but less than 440
hours, will receive 4 hours of Employee Incentive Time Off.
Employees whose actual regular hours and paid City observed
holidays worked during a measurement period are at least for 440
hours or more up to 480 hours, will receive 8 hours of Employee
Incentive Time Off.
Employees may accrue up to 80 hours of Employee Incentive Time
Off and may use the time as soon as it is earned upon approval of
the employee’s immediate supervisor. Any Employee Incentive Time
Off earned beyond 80 hours will be automatically cashed out.
Employees may voluntarily cash out the entire balance or any
portion of their Employee Incentive Time Off at any time.
The measurement period for the Employee Incentive shall be
calculated as follows in this paragraph: In every two week pay
period, employees in this unit are regularly scheduled to work 80
hours. In six consecutive pay periods, employees are scheduled to
work 480 regular work hours. Effective October 29, 2018, the regular
hours actually worked by each employee in this unit and paid City
observed holidays will be tabulated at the conclusion of six
consecutive pay periods. The six consecutive pay periods will be
called a measurement period. (For example: October 29, 2018 to
January 20, 2019, is a measurement period.)
The parties will meet two times each year to review and discuss the
effectiveness of the Employee Incentive Time Off Program.
7. Return to Service or Position
a. For leaves of absence approved by the City and not exceeding one
year, seniority for the purpose of bidding runs only shall continue to
accumulate. Leave taken under the California Family Rights Act of
1991 (CFRA) and/or the Federal Family and Medical Leave Act of
1993 (FMLA) and/or any other protected leave will not affect a
Bus Driver’s seniority accrual.
ATU MOU 10/29/2018–10/25/2020 Page 49
b. Any Bus Driver who is promoted, transferred, or demoted, except
for disciplinary reasons, who returns to a position in the class of
Bus Driver within one year of such action, shall be considered as
maintaining seniority for the purposes of bidding for runs only. For
periods exceeding one year, return to a position in the class of Bus
Driver shall be considered as new employment for the purposes of
bidding runs.
c. Former and current employees who return to service as a Bus
Driver from a reinstatement list or as a result of involuntary
demotion due to layoff shall, at the time of return to service as a
Bus Driver, be placed at the bottom of the seniority list for the
purpose of bidding for runs in the order of return to service.
Thereafter, the reinstated Bus Drivers shall move up the seniority
list as new or reinstated full time Bus Drivers are added.
8. Complaints/Inquiries
a. Complaints received from members of the public about individual
Bus Drivers will be treated as inquiries, unless an
"Inquiry/Complaint Form" is actually signed by the complaining
party.
b. A complaint which is not verified by a witness or put in writing and
signed by the complainant, or communicated to FAX within sixty
(60) days of the alleged occurrence, shall be considered an inquiry
and not be placed in the Bus Driver’s personnel file, but may be
kept by the * * * Transportation Department for not more than six
(6) months. Any inquiry shall be brought to the attention of that Bus
Driver by a supervisor.
c. An "Inquiry/Complaint Form" signed by the complaining party that
says "see attached" and attaches a letter or statement regarding
the complaint meets the requirements of the MOU. If the
complainant is physically unable to sign the "Inquiry/Complaint
Form,” the complaint can be taken verbally. FAX is not prohibited
from assisting complainants. Complaints shall be brought to the
attention of the Bus Driver by a supervisor. FAX management shall
provide a Bus Driver with a written copy of every complaint made
by a member of the public against that Bus Driver as soon as
practical, but not more than ten (10) calendar days after the
complaint is received by the Department. The copy of the complaint
shall not include the name of the complainant. Signature on the
"Inquiry/Complaint Form" by a Bus Driver is not an admission of
guilt but only proof that the Bus Driver has seen the
"Inquiry/Complaint Form" and has had the opportunity to respond to
it.
ATU MOU 10/29/2018–10/25/2020 Page 50
d. FAX management shall promptly investigate all complaints. Upon
completion of the investigation of a complaint, FAX management
shall indicate on the "Complaint/Inquiry Follow-up Form", along with
any other comments deemed appropriate, the disposition of the
complaint using one of the following designations: "sustained,"
"unsubstantiated," "exonerated," or "unfounded". The
"Complaint/Inquiry Follow-up Form" shall state the specific reasons
which FAX management relied upon in making the determination
that a complaint has been determined to be "sustained,”
"unsubstantiated," "exonerated," or "unfounded". The reasons,
including any known evidence, for reaching such determination
shall be stated on the "Complaint/Inquiry Follow-up Form" in detail,
explaining clearly the decision, and if sustained, shall state the FAX
policies, rules, or established procedures claimed to have been
violated.
(1) A copy of the determination will be provided to the Bus
Driver.
(2) If the complaint is determined to be "sustained," upon receipt
of the determination, the Bus Driver may, within ten (10)
calendar days, respond, in writing, to the allegations
contained therein and said response will be attached to the
complaint.
Any complaint not timely processed in accordance with this
procedure shall not be made part of the Bus Driver’s record.
For purposes of this provision, the following definitions shall apply:
Sustained: The evidence and written determination establishes, to
the satisfaction of the * * * Director of Transportation or
designee, or the Transit Operations Manager or designee, that the
allegation in the complaint did occur and constitutes a violation of
FAX policies, rules, or established procedures.
Unsubstantiated: The evidence and written determination is, to the
satisfaction of the * * * Director of Transportation or designee, or
the Transit Operations Manager or designee, insufficient to prove
or disprove the allegation in the complaint.
Exonerated: The evidence and written determination establishes, to
the satisfaction of the * * * Director of Transportation or
designee, or the Transit Operations Manager or designee, that the
conduct alleged in the complaint occurred but was within FAX
policies rules or established procedures.
ATU MOU 10/29/2018–10/25/2020 Page 51
Unfounded: The evidence and written determination establishes, to
the satisfaction of the * * * Director of Transportation or
designee, or the Transit Operations Manager or designee, that the
allegation in the complaint is either false or not supported by the
evidence.
For the purpose of this provision, any days during the ten (10)
calendar day period under subsections c. and d. (2), above, on
which the Bus Driver is absent for any reason shall not be counted.
9. Accidents/Incidents
Any Bus Driver or Student Driver required by the City to complete an
accident or incident report before or after normal working hours shall be
paid at the applicable hourly rate for fifteen (15) minutes or the time
actually required to complete the report. Bus Drivers and Student Drivers
shall complete accident/incident reports before the close of the business
day on the day of the accident/incident unless physically incapable of
doing so. * * * Drivers who do not complete the accident/incident reports
before the close of the business day on the day of the accident/incident
will be subject to discipline.
The Bus Driver or Student Driver can be required to complete the report
in an area designated by management. If requested, Bus Drivers and
Student Drivers will be allowed to consult with a representative of their
choice while completing an accident/incident report.
It is the Bus Driver’s or Student Driver’s responsibility to request a
representative and obtain one (although FAX will make reasonable efforts
to contact representatives who are working). The representative will not be
paid during time spent representing Bus Drivers and/or Student Drivers;
however, a representative on stand-by may assist without loss of
compensation, but may have to leave if assigned work.
The Bus Driver or Student Driver may choose to wait for a particular
representative, but will not be paid while waiting. A Bus Driver or Student
Driver who chooses to leave and return later, before the close of the
business day to fill out the report, will be paid as if the Bus Driver or
Student Driver had filled out the report at the end of the normal shift. A
Bus Driver or Student Driver cannot create an entitlement to any form of
premium pay by exercising the option to leave and return later to fill out
the report. A supervisor can be present with the Bus Driver or Student
Driver and representative while the report is being completed.
ATU MOU 10/29/2018–10/25/2020 Page 52
When a Bus Driver or Student Driver is charged with a preventable
accident:
a. The Bus Driver or Student Driver shall have seven (7) calendar
days to appeal the charge to the Accident Review and Safety
Committee (ARC). Not more than thirty-one (31) days from the date
of the appeal, the ARC shall review the charge and make
recommendations. If no such review is conducted, through the fault
of the City, the charge shall be dismissed.
b. A request for postponement by either party beyond the next
scheduled ARC hearing date may be granted by by majority
decision of the ARC if good cause exists. If no postponement is
requested or granted by majority decision of the ARC, and/or the
Bus Driver or Student Driver does not appear at the hearing, the
decision of the ARC shall become final on the hearing date.
ATU shall have the right to conduct its own investigation of accidents and
incidents. It may interview witnesses, preserve evidence, etc. Union
representatives must make it clear that they are not representing the City
when engaging in this activity. They cannot be in FAX uniform. They must
make it clear that they are acting on behalf of the Bus Driver as an
individual.
10. Accident Review and Safety Committee (ARC)
a. The ARC shall be comprised of two (2) Bus Drivers selected by
ATU and two (2) FAX Management employees selected by the * * *
Director of Transportation or designee. The Chair shall be
mutually selected by FAX and ATU and shall be a City employee
familiar with safety procedures and practices. All members,
including the Chair, shall serve for a minimum of six months. The
City and ATU representatives may be removed and a new
member(s) selected with fifteen (15) days prior notice to the other
party.
b. An appeal by either party to the final decision of the ARC must be
made to the * * * Director of Transportation or designee within
fourteen (14) calendar days of the decision of the ARC.
c. The * * * Director of Transportation or designee will make a
decision within twenty-eight (28) calendar days of receipt of the
appeal. If no decision is made within that time, the decision of the
ARC shall be final.
ATU MOU 10/29/2018–10/25/2020 Page 53
d. The decision of the * * * Director of Transportation or designee,
or a final decision of the ARC:
(1) May be appealed to the City Manager or designee within
fourteen (14) calendar days of a decision by the * * *
Director of Transportation or designee.
(2) If the * * * Director of Transportation or designee does not
render a decision, an appeal to the City Manager or
designee may be made within twenty-eight (28) calendar
days of receipt of the appeal made to the * * * Director of
Transportation or designee.
e. The ARC may also address other areas involving safety as may be
determined appropriate, including the amount of time necessary for
sign-on, bus inspection, travel time, relief time, and pull-in time.
f. The ARC shall meet at least once monthly.
g. Such bus maintenance records and information as may be
pertinent to the ARC’s findings shall be made available if requested
at least three (3) working days in advance of the ARC’s hearing
date. All information distributed at the ARC meetings for review of
accidents/incidents may be kept by ATU representatives.
A Bus Driver and/or Student Driver may be represented by ATU at the
ARC hearing, and may show a pertinent video to explain their side of the
case. The video will not include interviews of witnesses. It is understood
that the video will be short in length (3-5 minutes).
FAX equipment will not be used to "stage" an incident unless approved by
the FAX Operations Manager. A representative may ride a FAX bus, in
revenue service and under normal circumstances, with a video camera.
All safety rules must be followed while on board the bus. If a video is
presented to the ARC, management has the right to delay a decision on
the case while additional follow-up is conducted.
Any delay as a result of a video, will automatically extend any time lines
on any possible action taken. A Bus Driver and/or Student Driver may
present a witness' written account of what they saw, but witnesses are not
allowed at the ARC.
The ARC will view all videos and will not screen some and not others.
ATU MOU 10/29/2018–10/25/2020 Page 54
E. BENEFITS FOR PERMANENT PART TIME (PPT) BUS DRIVERS
1. General
Bus Drivers occupying PPT allocated positions shall be members of the
recognized ATU unit. The terms and conditions set forth in the current
MOU apply to Bus Drivers occupying PPT allocated positions, in addition
to those set forth in this agreement and FMC, administrative orders,
policies, procedures, rules and regulations.
2. Additional Departmental Rules and Regulations
a. PPT Bus Drivers shall not be part of the extra board, but at each
sign-up period shall be allowed to bid one (1) or more work
assignments by seniority from assignments designated by
management as regular PPT work assignments. PPT Bus Drivers
shall not be allowed to bid or be assigned more than thirty-two (32)
hours of work per week, except in an acting capacity. PPT Bus
Drivers who are assigned to drive more than thirty-two (32) hours
per week will be paid one and one-half (1 1/2) times the applicable
hourly rate except for those situations that are beyond the control of
the Department. Examples of these situations may include vehicle
breakdown, traffic conditions and passenger loads, etc.
b. Spread time provisions shall not apply to PPT Bus Drivers.
c. In addition to any prescribed forms of discipline, PPT Bus Drivers
receiving miss-outs may receive work for the day of the miss-out at
the discretion of management. Work so received shall not exceed
the number of hours the PPT Bus Driver was scheduled to work for
the day of the miss-out.
3. Recruitment and Retention
a. PPT Bus Drivers shall be recruited, hired, employed, and
disciplined as permanent employees pursuant to the FMC,
administrative orders, policies, procedures, rules, regulations, the
MOU, and as may be provided in this agreement.
[§§ deleted]
b. * * * All PPT Bus Drivers hired on or after July 1, 2006, shall serve a
probationary period consisting of nine (9) months from the date of
appointment to a PPT allocated position. A Bus Driver who
completes a PPT probationary period shall not serve an additional
probationary period if appointed to a permanent full-time allocated
Bus Driver position as long as such employment as a PPT Bus
ATU MOU 10/29/2018–10/25/2020 Page 55
Driver has been continuous up to appointment to a permanent full-
time allocated Bus Driver position.
If a PPT Bus Driver is appointed to a permanent full-time allocated
Bus Driver position, the Bus Driver shall complete the balance of
the required probationary period for a full time Bus Driver. Any
PPT Bus Driver who Is absent for any reason from work for five (5)
consecutive regular work days (four (4) consecutive regular work
days for those on a four (4) day work week) shall have their
probationary period extended by one (1) week for each consecutive
five (5) regular work days absence (four (4) consecutive regular
work days for those on a four (4) day work week).
c. Appointments to vacant permanent full-time allocated Bus Driver
positions shall be made from Bus Drivers holding positions as PPT
Bus Drivers. The Bus Driver having the greatest seniority as a PPT
Bus Driver shall be offered the vacant position which the City may
in its sole discretion, decide to fill. Seniority only for the purpose of
promotion shall be reduced twenty-one (21) calendar days for each
twenty-one (21) consecutive calendar days that the PPT Bus Driver
is not doing platform work * * *. In the event all PPT allocated Bus
Driver positions are vacant, appointments shall be made from a
Bus Driver eligible list. Service as a PPT shall not be counted
toward seniority as a permanent full-time Bus Driver, except where
length of service of two (2) or more permanent full-time Bus Drivers
is identical.
e. In the event of a reduction in work force or lay off, PPT Bus Drivers
shall be separated from city service before any permanent full-time
Bus Driver as defined in the FMC.
f. The parties agree that Bus Drivers occupying permanent full-time
positions may transfer to vacant PPT allocated positions, and will
receive the benefits provided in Article VIII, subsection E. * * * in
accordance with the provisions set forth below:
(1) The opportunity to transfer from full-time to part-time
Bus Driver positions will coincide with the bid sign-up.
* * *
(2) A full-time Bus Driver intending to transfer to a part-time
Bus Driver must give written Notice to the Operations
Manager or designee * * * thirty (30) days in advance of
the next bid sign-up. * * *
(3) An employee transfer will take place only if a part-time
Bus Driver wishes to transfer to a full-time Bus Driver
ATU MOU 10/29/2018–10/25/2020 Page 56
position.
(4) A transfer from full-time to part-time can only occur
twice during a Bus Driver’s career with the City of
Fresno.
(5) If a full-time Bus Driver transfers to a part-time Bus
Driver position, their seniority as a full-time Bus Driver
will be governed by Article VIII, Section E.3.c of the
current MOU.
(6) Seniority for all part-time Bus Drivers including full-time
drivers who have transferred to part-time will continue
to be date of hire in the class of a Bus Driver.
(7) Return to status as a full-time Bus Driver will be
governed by Article VIII, Section E.3.c of the current
MOU.
(8) Full-time Bus Drivers who transfer to part-time positions
will continue to be a participant in the Retirement
program, and make prorated contributions based on the
number of hours work, and shall receive prorated
service credits, in accordance with Article VIII, Section
E.3.c of the current MOU.
(9) A Bus Driver returning to full-time status in accordance
with Article VIII, Section E.3.c of the current MOU. of the
current MOU will be assigned to the Extra Board on the
basis of the Bus Driver’s full-time seniority. The Bus
Driver’s day off will be determined in accordance with
the days that would have been available during the
current sign-up. The Bus Driver may choose days off
from available days off. The Bus Driver will not be able
to bump any Bus Driver who has chosen a hold down,
but may bid on new hold downs available subsequent to
return to full-time status.
g. Management will limit the number of PPT Bus Drivers to not more
than fifteen percent (15%) of the total allocation of permanent, full-
time Bus Drivers.
4. Benefits
a. Uniform Allowance - PPT Bus Drivers shall receive the same
uniform allowance as that set forth in MOU Article IX (E).
ATU MOU 10/29/2018–10/25/2020 Page 57
b. Jury Duty/Court Attendance - PPT Bus Drivers shall be
compensated for jury duty attendance and court attendance in
accordance with applicable FMC provisions.
c. Workers’ Compensation – Workers’ Compensation benefits shall be
those amounts established by the State of California Workers’
Compensation regulations.
d. Overtime - PPT Bus Drivers shall receive overtime compensation at
the applicable hourly rate of hours worked in excess of forty (40)
hours in a week, and for hours worked on a holiday.
e. Holidays - PPT Bus Drivers shall receive paid leave for holidays at
a rate proportionate to a permanent full-time employee (FTE)
occupying the class of Bus Driver.
f. Sick Leave - PPT Bus Drivers shall accumulate sick leave at a rate
proportionate to a permanent FTE occupying the class of Bus
Driver.
Sick leave may be taken in accordance with provisions of this
MOU, FMC Section 3-107, and in accordance with applicable
provisions of the California Labor Code including, but not
limited to Section 233. Section 245.5, and Section 246. These
provisions of the California Labor Code will be administered
on a fiscal year basis, i.e July 1 through June 30.
[§ deleted]
g. Vacation - PPT Bus Drivers shall accumulate vacation leave at a
rate proportionate to a permanent FTE occupying the class of Bus
Driver.
h. Retirement - PPT Bus Drivers shall not be members of the
Employees’ Retirement System, and shall be enrolled in the Social
Security program. This retirement paragraph does not apply to Bus
Drivers who transfer from permanent full-time Bus Driver positions
to PPT allocated positions, and who were in the Employees’
Retirement System at the time of the transfer. Such Bus Drivers
shall remain in the Employees’ Retirement System, make prorated
contributions based on the number of hours worked, and shall
receive prorated service credits.
h. Health and Welfare - * * * Benefits shall be provided as outlined
in Article IX (C).
* * *
ATU MOU 10/29/2018–10/25/2020 Page 58
F. RUN EXCHANGES FOR BUS DRIVERS
1. Extra board Bus Drivers are excluded from participating in run exchanges.
The exchange (i.e. substitute work for another Bus Driver) must be
between regular Bus Drivers only and must be completed by the end of
the sign up in which it was created. The process for allowing the
exchange of runs will be reviewed periodically and FAX management
may, at its discretion, extend the process to include Bus Drivers’ days off.
2. The exchange must be documented on a form, signed by both Bus
Drivers, and approved by FAX management at least 48 hours before the
exchange is to take place and/or 24 hours before the board is posted.
3. The City shall incur no additional liability due to such exchanges nor shall
the City assume any responsibility regarding "pay back" of the exchange.
The hours worked by the substitute Bus Driver will be excluded by the City
in the calculation of the hours for which the substitute Bus Driver would
otherwise be entitled to overtime compensation under the Fair Labor
Standards Act. When one Bus Driver substitutes for another, each Bus
Driver will be compensated as if they worked their normal scheduled run.
4. When one Bus Driver substitutes for another, the Bus Driver being
substituted for will be credited as if the Bus Driver had worked their normal
schedule for that shift. If the substituting Bus Driver wishes to be
compensated for the substitute shift worked at the base/straight time rate
of pay, then the Bus Driver being substituted for shall transfer the
applicable number of vacation or CTO hours to the substituting Bus
Driver’s "like" account. (Note: The Bus Driver being substituted for may
only select one account from which to take hours for transfer, and those
hours shall only be transferred to the volunteer substitute’s "like" account.
If the substituting Bus Driver’s selected account is at the maximum
allowable balance, the substituting Bus Driver shall be compensated at the
base/straight time rate of pay from the transferred hours. An internal
processing form has been established to accomplish this transfer.)
5. Any Bus Driver who fails to operate a run as a result of an exchange, will
be subject to any established disciplinary action, and will not be permitted
to engage in future exchanges for a period of one year.
[§§ deleted]
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ARTICLE IX
COMPENSATION AND BENEFITS
A. GENERAL
1. All economic benefits provided by Council ordinance or formal Council
resolution and not otherwise clearly and explicitly modified or restricted in
this MOU shall be continued without alteration during the term of this
MOU.
B. SALARIES
[§§ deleted]
1. Employees in this unit will receive a lump sum payment of $225 per
employee with the paycheck of November 16, 2018.
2. The base rate of pay of all * * * employees in this unit (i.e., salaries) will
be increased by two point five percent (2.5%) effective October 29,
2018, in accordance with * * * Schedule A, attached hereto and
incorporated by reference.
3. The base rate of pay of all * * * employees in this unit (i.e., salaries) will
be increased by two point five percent (2.5%) effective October 28,
2019, in accordance with * * * Schedule A, attached hereto and
incorporated by reference.
5. Employees in Unit 6 hired on or after April 6, 2015, shall make an
additional contribution equal to one and one-half percent (1.5%) of their
pensionable compensation to the City of Fresno Employees Retirement
System, reducing the City contribution by a corresponding amount. In
accordance with Internal Revenue Code Section 414(h)(2) and related
guidance, the City shall pick-up and pay the contribution by salary
reduction in accordance with this provision to the City of Fresno
Employees Retirement System. The employee shall have no option to
receive the one and one half percent (1.5%) contribution in cash. The one
and one-half percent (1.5%) contribution paid by the employee will not be
credited to an employee’s accumulated contribution account, nor will it be
deposited into a member’s Deferred Retirement Option Program (“DROP”)
account.
Employees who enter Unit 6 and were paying an additional one and
one half percent (1.5%) of their pensionable compensation
immediately prior to entering Unit 6, shall continue to pay the
additional one and one half percent (1.5%) of their pensionable
ATU MOU 10/29/2018–10/25/2020 Page 60
compensation to the City of Fresno Employees Retirement System,
reducing the City contribution by a corresponding amount.
The parties agree to a limited reopener of this provision in regard to
the possible revision of Normal Contributions to the Employee
Retirement System for those employees paying an additional one
and one half percent (1.5%)
C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST
1. The City and ATU agree that the Fresno City Employees Health and
Welfare Trust has the sole authority to determine the benefits that will be
provided during the term of this MOU. The sole responsibility of the City
under this clause is to provide a set dollar amount to be contributed to the
Trust on behalf of the Bus Drivers and Student Drivers represented by
ATU. Effective May 1, 2015, the City’s contribution for Bus Drivers and
Student Drivers will be seventy-five percent (75%) of the premium
established by the Fresno City Employees Health and Welfare Trust
Board through June 30, 2015. Effective July 1, 2015, increases to the
health and welfare premium will be split so that 50% will be absorbed by
the City and 50% will be absorbed by employees, except that the
employee share shall not exceed thirty percent (30%). Should the
employee share be set at thirty percent (30%), the City share shall be
seventy percent (70%). Bus Drivers may opt to contribute the amount
necessary to make up the difference through payroll deductions, or accept
a reduced coverage option.
In order to achieve compliance with the Affordable Care Act (ACA) (U.S.
Public Law 111-148 and 111-152) and ACA regulations, if an employee in
this Unit would otherwise be required to pay more than 9.5% of the
employee’s total base salary and earned premium pays (other than
overtime) for a calendar month for health care premiums for a health
insurance plan that provides minimum essential coverage, the City will pay
an additional amount towards the health insurance premium necessary to
reduce the employee health insurance contribution so the employee’s
contribution is no more than 9.5% of total base salary and earned
premium pay for a calendar month. The additional amount shall not
exceed the minimum required amount by the ACA to maintain affordability.
The City shall determine the amount of additional payment. Such payment
will not be provided if the cost of an available health insurance plan that
provides minimum essential coverage does not exceed the 9.5% of the
employee’s total base salary and earned premium pay for the month even
if the employee does not elect to enroll in that plan.
Should any other represented bargaining unit in the City negotiate a
successor MOU, or extend the period of an MOU, or have terms imposed
resulting in a greater contribution by the City, upon the Union’s written
ATU MOU 10/29/2018–10/25/2020 Page 61
request, the City will meet with the Union to match that benefit.
The City may meet with ATU and other City bargaining units to discuss an
alternative health care plan and/or to modify the Health and Welfare Trust
agreement, and to ensure compliance with the Affordable Care Act.
The parties also agree to work collectively in conjunction with their Board
representatives to research and recommend potential cost-saving
measures for the Health & Welfare Trust, which may include a choice of
health program options based on individual need or preference, including
a reduced option equivalent to the City’s premium contribution, a separate
rate for single employees with no dependents, or other flex plan programs;
mandatory generic mail order drug maintenance for employees who
require prescription drug therapy for any period of 90 days or more; or
other measures that may be identified as this work progresses.
D. BUS PASSES
Free bus passes shall be provided to * * * Bus Drivers in this Unit, covering the
Bus Driver, registered domestic partner, spouse, dependent children eighteen
years of age or younger, and disabled children. To be eligible for the free pass,
the family member must also be eligible to be enrolled as a dependent in the City
Health & Welfare Plan. The passes must be renewed every fiscal year and
issued to each Bus Driver.
It is the responsibility of the Bus Driver to ensure that bus passes are not abused
by family members, however, Bus Drivers will not be penalized for unknown
dependent misuse of bus passes. Misuse of bus passes by dependents may
result in loss of pass privileges for the dependent for a period not to exceed six
(6) months. Any Bus Driver who knowingly allows the abuse of free bus passes
by family members may have the privilege of bus passes revoked for all
members, including the Bus Driver, for a period not to exceed six (6) months.
Bus passes will be provided to retired motor coach operators. The passes will
require annual renewal and are intended for use by the retired Bus Driver only.
E. UNIFORM PURCHASE AND MAINTENANCE ALLOWANCE
1. Uniform Purchase and Maintenance Allowance
* * *
Bus Drivers shall receive $530 per year as a uniform maintenance
allowance prorated and paid in semi-annual installments (by separate
check) on the first pay date following each January 1 and July 1 with
proration of the uniform maintenance allowance based upon the number
of days actually worked (vacation and light duty days are considered days
ATU MOU 10/29/2018–10/25/2020 Page 62
worked) during the previous six (6) month period in accordance with the
following proration guidelines. * * *
No. Days Worked
% $ To Receive
90 days or more
100%
72 to 89 days
75%
54 to 71 days
50%
36 to 53 days
25%
18 to 35 days
10%
Less than 17 days
0%
2. Uniform application and enforcement to be consistent with uniform policy
as developed by FAX.
F. PROBATIONARY PERIOD
* * *
The probationary period for new Bus Drivers * * * shall be nine (9) months. Such
period to begin after the training period has been satisfactorily completed. * * *
Any Bus Driver who is absent for any reason from work for five (5) consecutive
regular work days (or four (4) consecutive work days for those on a four (4) day
work week) shall have their probationary period extended by one (1) week for
each absence of consecutive five (5) regular work days (or four (4) consecutive
regular work days for those on a four (4) day work week).
G. LEAVE WITHOUT PAY
Leave without pay may be granted for a period not to exceed 120 days and may
be extended by the City Manager, subject to the provisions of FMC Section
3-104.
Leave taken under the Family Rights Act of 1991 and/or any other protected
leave will not affect a Bus Driver’s seniority accrual.
H. UNAUTHORIZED LEAVE AS RESIGNATION
A Bus Driver who without prior approval is absent or fails to perform their duties
for three (3) consecutive working days shall be * * * deemed to have resigned
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their position, effective upon the first day of absence. FMC Section 3-115
controls the applicability and administration of this section.
I. WORKERS' COMPENSATION
1. Notwithstanding the provisions of FMC Section 3-118, effective May 1,
2015, a Bus Driver or Student Driver who suffers an injury/illness in the
course and scope of City employment shall receive 66.67% of average
weekly earnings in the fifty-two (52) weeks prior to the injury of the Bus
Driver’s or Student Driver’s full wages or salary. Should the State
mandated Workers’ Compensation rate of payment be adjusted, the City
and the Association will have a limited reopener to adjust the rate
accordingly.
a. Compensation for a work related injury or illness shall begin
following the first three (3) days after the Bus Driver or Student
Driver leaves work as a result of the injury or illness. However, this
three (3) day waiting period shall be waived and compensation
shall begin on the first day of a work related injury or illness only if:
(1) the Bus Driver or Student Driver is hospitalized as an
inpatient for at least twenty-four (24) hours;
(2) the Bus Driver or Student Driver is absent from work 14
days or more;
(3) the Bus Driver or Student Driver is placed on light duty at
any time during the first three (3) days.
2. Partial days of absence due to a work related injury or illness, including
the day of injury or illness, shall be at full pay and shall not count toward
the three (3) day exclusion period; however, this time shall be recorded as
work related injury/illness absence.
3. At the Bus Driver’s or Student Driver’s option, in the event work related
injury/illness pay from the City is not provided during the first three (3)
days of absence due to the work related injury or illness, the Bus Driver
may take sick leave, vacation, holiday, or compensatory time off (CTO),
for that period.
4. If the Bus Driver or Student Driver opts to use sick leave, vacation,
holiday, or CTO for the first three (3) days and it is later determined that
work related injury/illness pay under paragraph 1. a. above, beginning on
the first day of a work related injury is appropriate, the leave time shall be
restored to the Bus Driver or Student Driver and the Bus Driver’s or
Student Driver’s pay or leave balance will be adjusted accordingly.
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5. If a Bus Driver or Student Driver is placed on sick leave, vacation,
holiday, or CTO pending determination as to whether the injury or illness
is industrial, and the injury or illness is determined to be industrial, sick
leave, vacation, holiday or CTO shall be restored and the Bus Driver or
Student Driver placed on work related injury/illness leave as provided
herein.
6. If a Bus Driver or Student Driver is placed on sick leave, vacation,
holiday, or CTO pending determination as to whether the injury or illness
is industrial, and the injury or illness is determined not to be industrial, sick
leave, vacation, holiday or CTO shall not be restored and the absence will
be considered an incident as outlined in * * * Attendance Policy attached
hereto and incorporated by reference.
7. Retirement benefits shall not be reduced as a result of the level of
compensation established herein. Changes in contribution by the City and
Bus Driver shall be in accordance with applicable retirement code
sections.
8. Taxes shall not be withheld on compensation which is paid due to an
injury or illness sustained in the course and scope of employment with the
City. In the event a court of competent jurisdiction, or other competent
authority, finds this Section invalid, the provisions of Article X of this MOU
shall apply. Any subsequent agreement reached by the City and ATU on
a replacement for this Section shall be made effective back to the date of
the determination of the invalidity of this Section.
J. RETIREMENT
The parties agree that during the term of this MOU they will continue to meet and
confer with respect to those enhanced retirement benefits currently being
explored by the Retirement Board, as well as with respect to those issues related
thereto. It is understood that this does not commit the parties to a particular
outcome; only to continue meet and confer on this subject during the term of this
agreement.
[§§ deleted]
K. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)
The City currently maintains a Health Reimbursement Arrangement (HRA) that
qualifies as a “health reimbursement arrangement” as described in Internal
Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS
regarding HRAs. * * *
At separation from permanent employment with the City of Fresno by service
retirement or at disability retirement if the Bus Driver is otherwise eligible for
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service retirement, Bus Drivers who have used eighty (80) hours or less of sick
leave time (excluding only hours used for Workers’ Compensation benefits,
Bereavement Leave and any statutorily protected leave (e.g., FMLA/CFRA,
Protected Sick Leave) in the 24 months preceding their date of retirement, will
be credited with an account for the Bus Driver under the HRA to be used solely
to pay premiums for medical insurance (including COBRA premiums). The
“value” of the account shall be determined as follows:
•The number of accumulated sick leave hours in excess of 240
hours at the time of retirement multiplied by 40% of the Bus Driver’s
then current hourly base rate of pay.
•The hourly base rate of pay shall be the equivalent of the monthly
salary for a Bus Driver as reflected in Exhibit A, multiplied by twelve
(12) months then divided by 2,080 hours.
At the employer’s option, the HRA accounts shall be book accounts only – no
actual trust account shall be established for any Bus Driver. Each HRA book
account shall be credited on a monthly basis with a rate of earnings equal to the
yield on the City’s Investment Portfolio (provided that such yield is positive).
The HRA accounts shall be used solely to pay premiums for medical insurance
(including COBRA premiums) covering the participant, the participant’s spouse
(or surviving spouse in the event of the death of the participant, and the
participant’s dependents. Once a participant’s account under the HRA has been
reduced to $0, no further benefits shall be payable by the HRA. If the participant,
the participant’s spouse, and the participant’s dependents die before the
participant’s account under the HRA has been reduced to $0, no death benefit
shall be payable to any person by the HRA.
While this provision is in effect, Bus Drivers shall not be allowed to cash out any
accumulated or accrued sick leave at retirement.
L.TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT BUS
DRIVERS
1.All temporary assignments shall be in accordance with FMC Sections
3-256, 3-257, 3-258, 3-259 and 3-260.
2.Notwithstanding the fact that such Bus Drivers may retain permanent
status in their positions in this Unit, in the event a Bus Driver previously
holding a position in this Unit is assigned to perform the duties of a
position outside this Unit, such Bus Driver shall not be deemed to be
included in this Unit during such assignment.
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M. FEDERAL DRUG POLICY (FEDERAL OMNIBUS TRANSPORTATION
EMPLOYEE TESTING ACT)
Policy
1. The City maintains two separate policies, as listed below, to
distinguish those specific procedures required by the Federal Transit
Administration (FTA) and the Federal Motor Carrier Safety
Administration (FMCSA):
“Fresno Area Express, Controlled Substances and Alcohol
Testing Policy for ‘Safety-Sensitive’ Employees/Individuals
Subject to Federal Transit Administration Regulations” (“City’s
FTA Policy”), as may be amended from time to time after
compliance with applicable collective bargaining laws; and
“City of Fresno Controlled Substances and Alcohol Testing
Policy for ‘Safety-Sensitive’ Employees/Applicants Subject to
Federal Motor Carrier Safety Administration Regulations”
(“City’s FMCSA Policy”), as may be amended from time to time
after compliance with applicable collective bargaining laws.
In addition to the City’s FTA Policy noted above, Administrative
Order 2-25, The City’s City-wide drug and alcohol policy, shall apply
to ATU members.
2. Each policy, as revised, is intended to sufficiently summarize the
current Federal Regulations required by the Federal Omnibus
Transportation Employee Testing Act of 1991, as amended. Should
any amendments/ revisions to applicable policies occur, a copy of
the amended revision will be forwarded to ATU with an offer to meet
and confer regarding any potential impact of the amendment/
revisions to the affected employees in this Unit. The FTA policy will
be distributed to every affected employee in this Unit upon any
amendments/ revisions to the policy, and at the time of training and
orientation.
3. The Risk Manager or designee will request an observer not subject
to random testing under this policy, (designated observer) and
designated, consistent with the FTA policy, by one of the
representatives of affected labor organizations, to be present at the
time the random list is generated.
4. A Substance Dependency Advisory Committee shall be maintained
and meet at the request of any employee to review the impact,
modification or repeal of the Federal Omnibus Transportation
Employee Testing Act and make recommendations to the City
ATU MOU 10/29/2018–10/25/2020 Page 67
Manager on all matters relevant to the implementation of this policy.
Half of the Committee members shall be appointment by the City and
half shall be appointed by all recognized employee organizations
that are subject either to the regulations promulgated by the Federal
Transit Administration (FTA), or the Federal Motor Carrier Safety
Administration (FMCSA).
5. Any disciplinary action taken by the City as a result of this policy will
be subject to the applicable provisions of current MOUs,
Administrative Orders, and the FMC concerning representation and
appeal process/hearing. Among the factors to be considered in
determining appropriate disciplinary action include the level of the
offense, the nature and requirements of the work, length of
employment, current job performance, and history of past
disciplinary action. Pursuant to the provisions of FMC Section 3-
605(a)(5), the City reserves the exclusive right to determine the level
of disciplinary action subject to the disciplinary process referenced
above, utilizing the guidelines set forth in the City’s FTA policy.
Procedures for Random Testing
Random drug and alcohol testing shall be in accordance with the City’s
FTA policy and subject to the testing guidelines established by Federal
Law.
[§§ deleted]
N. VERIFIED TRANSIT TRAINING (VTT)
FAX will provide VTT as required by the State of California. FAX will notify Bus
Drivers of their scheduled training time(s).
Training will be treated as a regular assignment and will be subject to the rules
regarding an assignment. Training time under this provision will be considered
hours worked for the purposes of calculating overtime.
O. BILINGUAL CERTIFICATION PROGRAM
1. The bilingual certification program consists of a City administered
examination process whereby Bus Drivers may apply for bilingual
examination, and if certified by the examiner, receive bilingual premium
pay for interpreting and translating.
a. The Bilingual certification examinations will be conducted * * * as
necessary. * * * Examination applications will be available at the
Personnel Services Department * * * and City department
personnel units. In order to remain eligible to receive bilingual
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premium pay, employees must take and pass the certification
examination every five (5) years.
In order to qualify for the * * * examinations, applications must be
* * * provided to the * * * Personnel Services Department * * *.
[§§ deleted]
b. Bilingual certification examinations are conducted for * * *
languages as listed in the Salary Resolution.
(1) Certified Bus Drivers may interpret/translate for
departments/divisions they are not assigned to, provided the
requesting department/division has a demonstrated
customer service related need, and has obtained approval
from the certified Bus Driver’s * * * Director of
Transportation or designee.
(2) Certified Bus Drivers shall not refuse to interpret/translate
while on paid status. Refusal may result in appropriate
disciplinary action. Certified Bus Drivers may be assigned to
any situation, and may be required to prepare written
reports/materials related to the situation.
c. * * * The bilingual premium pay rate for Bus Drivers will be * * *
Seventy-five dollars ($75.00) per month regardless of how many
languages for which an employee is certified.
P. AMERICANS WITH DISABILITIES ACT, FMLA, AND CFRA
The City and the Union are aware of the passage of the Americans with
Disabilities Act, the Federal Family and Medical Leave Act of 1993 (FMLA), and
the California Family Rights Act of 1991 (CFRA). * * * Leave taken under the
FMLA and (CFRA) is governed by Administrative Order 2-21.
Q. * * * SHIFT DIFFERENTIAL
Each permanent full-time equivalent Bus Driver who is scheduled to work * * *
between the hours of 8:00 p.m. and 4:00 a.m. shall receive * * * “night shift”
premium pay, in addition to the Bus Driver’s base rate of pay, at the rate of one
and 75/100 dollars ($1.75) per hour for all actual hours worked, that fall solely
within the 8:00 p.m. to 4:00 a.m. time period.
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R. MOVEMENT BETWEEN STEPS
Bus Drivers hired into classes which have step increases will move from Step “A”
to Step “B” on the anniversary date which is twelve (12) calendar months from
the date the Bus Driver was appointed to the current class.
S. PAY FOR PERFORMANCE
It is agreed between the parties to continue to discuss and consider during the
term of this agreement a pay for performance plan. Such pay for performance
plan will only be implemented upon mutual agreement between ATU and the
City.
T. STATE DISABILITY INSURANCE (SDI)
1. Employees who are in bargaining Unit 6, Bus Drivers represented by the
Amalgamated Transit Union, Local 1027, shall be enrolled in the State
Disability Insurance (SDI) coverage plan.* * *
Employees eligible for SDI benefits are those who are defined by Section
2601, et seq. of California Unemployment Insurance Code.
Eligible employees covered under the SDI program shall receive benefits
pursuant to California Unemployment Insurance Code Section 2655.
2. Employees shall file claims in the same manner as required under the SDI
Plan.
3. The City shall maintain SDI through employee payroll deductions to be
funded by employee contributions.
4. All employees with an approved SDI/Paid Family Leave (PFL) claim
must notify the City within fourteen (14) calendar days of their
receipt and fill out a form made available by the City indicating
whether or not the employee desires to integrate leave with the
claim. Extension beyond fourteen (14) calendar days due to exigent
circumstances, such as the employee being incapacitated, may be
considered on a case-by-case basis by the Director of Personnel
Services or designee. Employees who are absent from duty and are
receiving SDI benefits who are eligible to use sick leave, vacation leave,
and/or holiday leave * * *, shall be eligible to integrate the payment of
SDI/PFL benefits with such City-paid leave benefits.
a. * * * Employees who elect to integrate must provide Payroll
with a copy of the Notice of Computation within fourteen (14)
calendar days of their receipt from EDD and are required to
authorize EDD to share benefit computations with the City on
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their initial claim forms. Extension beyond fourteen (14)
calendar days due to exigent circumstances, such as the
employee being incapacitated, may be considered on a case-
by-case basis by the Director of Personnel Services or
designee.
b. An employee who has made a timely election to integrate leave
with SDI/PFL benefits shall be paid a biweekly amount, using
appropriate accumulated leave, which, when added to SDI/PFL
benefits shall approximately equal the employee’s net pay
after taxes (excluding overtime).
c. If an employee does not provide information on SDI/PFL
benefits within fourteen (14) calendar days of receipt of the
Notice of Computation, no integration will occur. Integration
will not be provided for any period before the City receives
notification of SDI/PFL benefits, including retroactively, and
the employee provides signed notification that the employee
wants to integrate.
d. Integrating leave balances with SDI/PFL benefits will continue only
if leave balances are available and the employee remains eligible to
receive SDI/PFL benefits.
[§§ deleted]
5. While integrating SDI/PFL benefits, employees will be in paid status
for the purpose of leave accruals, holiday benefits, step increases,
and health insurance coverage.
An employee who is integrating leave and has exhausted all other
leave balances may apply for donated time in accordance with City
policies. Use of donated time shall be in accordance with the
provisions of this Section.
If the employee does not act to integrate benefits or exhausts their
available leave balances, the employee will be in a Leave Without
Pay (LWOP) status.
6. If elected as described above, integration will end upon notification
from the employee that SDI/PFL benefits have terminated, the
employee exhausts all leave balances and/or donated time resulting
in LWOP status, the employee’s return to work, or the employee’s
separation from City employment, whichever comes first in time.
[§§ deleted]
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7. Service credits toward seniority, step increase eligibility, and probation
periods shall be in accordance with the MOU and City policies/procedures.
[§ deleted]
8. The City shall continue contributions toward the employee’s health and
welfare benefits and retirement contributions in accordance with
established laws and practices during the pay periods that include leave
payments by the City. The employee shall be responsible for payment of
premiums required to maintain health and welfare benefits when City
contributions cease in accordance with established laws, policies and
practices.
9. In the event the City determines that legislative, administrative or judicial
determinations cause changes which in any way restricts, reduces or
prohibits any provision of this Agreement, the parties shall immediately
meet to discuss necessary amendments and/or modifications.
U. PRODUCTIVE TIME
The Union and the City have agreed to new provisions on leave, overtime, and
holiday pay which are expected to reduce absenteeism and overtime pay, and
increase productive time (i.e., actual time a Bus Driver is at work). Productive
time at the start of the MOU averages about 1,550 hours per employee per fiscal
year. The goal is to increase productive time to at least 1,700 hours average per
employee per fiscal year. FAX will provide data on productive time at least every
two (2) months during the term of this agreement. The Union and FAX agree to
meet on a regular basis to discuss productive time and means to improve time at
work.
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ARTICLE X
SAVING CLAUSE/FULL UNDERSTANDING
A. SAVING CLAUSE
In the event any article, section, or portion of this MOU should be held invalid and
unenforceable in any court of competent jurisdiction, such decision shall apply
only to the specific article, section, or portion thereof specifically specified in the
court's decision, and upon issuance of such a decision, the City and ATU agree
to immediately meet and confer upon a substitute for the invalidated article,
section, or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the
parties, and any previous understanding or agreements by the parties regarding
any such matters are hereby superseded, and terminated in their entirety. With
respect to side letter agreements, any not attached to this MOU are hereby
terminated in their entirety. Side letter agreements attached to this MOU shall
continue in force subject to the terms contained therein, or in the absence of
specified terms the side letters shall terminate upon the expiration of this MOU.
Any side letter agreements entered into during the term of this MOU shall
continue in force subject to the terms and conditions set forth within each side
letter. This paragraph is not intended to prevent either party from relying on
discussions which occurred during the meet and confer process for the purpose
of clarifying the meaning of this MOU.
C. LIMITED REOPENERS
1. The parties agree to a limited reopener on work rules contained in this
MOU. The parties agree to meet promptly to discuss the work rules at the
request of either the City or the Union. Any change to work rules in this
MOU require mutual agreement by the parties.
2. The parties agree to meet and confer over revisions to the Personnel
provisions of the FMC, Chapter 3, Article 1. If impasse is declared,
impasse procedures in Chapter 10 of Division 4 of Title I of the
Government Code (Section 3500 et seq., commonly known as the
Meyers -Milias-Brown Act) shall apply.
3. The parties agree to meet and confer over revisions to the Civil
Service Regulations in the FMC, Chapter 3, Article 2. If impasse is
declared, impasse procedures in Chapter 10 of Division 4 of Title I of
the Government Code (Section 3500 et seq., commonly known as the
Meyers -Milias-Brown Act) shall apply.
ATU MOU 10/29/2018–10/25/2020 Page 73
4. The parties agree to meet and confer over revisions to the Employer-
Employee Relations provisions in the FMC, Chapter 3, Article 6. If
impasse is declared, impasse procedures in Chapter 10 of Division 4
of Title I of the Government Code (Section 3500 et seq., commonly
known as the Meyers-Milias-Brown Act) shall apply.
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ARTICLE XI
TERMINATION
This MOU shall be in full force and effect from October 29, 2018, through October 25,
2020, subject to the Sections A., B., C., and D. below.
A. This MOU shall become effective only after ratification by the members of ATU,
followed by City Council approval and the expiration of the waiting period for the
Mayor’s action provided in Charter sections 605 and 609, and shall remain in full
force and effect through October 25, 2020.
B. During the life of this MOU, should either party desire to modify its terms or to
meet and confer as to matters within the scope of representation not addressed
in this MOU, the party requesting such modification shall request in writing to
meet and confer on the item, which item shall be specified in writing.
C. During the life of this MOU, either party may refuse such request without
explanation if the item is directly related to or is an item directly considered
herein, or if the item was included in a written proposal from the party making the
request during the meet and confer process which led to this MOU.
D. Nothing in this Article shall preclude the City from entering into a Joint Powers
Authority or Regional Transit District during the term of this agreement with
written notice to ATU. Following said notice, the parties agree to discuss the
impact of such decision on the members of this unit.
ATU MOU 10/29/2018–10/25/2020 Page 76
SCHEDULE A
Effective October 29, 2018
(2.5% salary increase)
STEP A B C D E
Bus Driver - Monthly 3886 4081 4285 4499 4724
Bus Driver - Hourly 22.419231 23.544231 24.721154 25.955769 27.253846
Student Driver – Monthly 3533
Student Driver - Hourly 20.382692
Effective October 28, 2019
(2.5% salary increase)
STEP A B C D E
Bus Driver - Monthly 3984 4184 4393 4612 4843
Bus Driver - Hourly 22.984615 24.138462 25.344231 26.607692 27.940385
Student Driver – Monthly 3622
Student Driver - Hourly 20.896154
ATU MOU 10/29/2018–10/25/2020 Page 77
[§deleted]
Attendance Policy
Unit 6, Represented by ATU, Local 1027
Purpose
To establish * * * an attendance policy for employees in Unit 6, represented by ATU,
Local 1027.
Policy & Procedure
This policy is to be construed on a rolling 12-month period * * *. A primary requirement
for continued employment is regular attendance. While the City recognizes some
absences may be unavoidable, City departments and the employees have an obligation
to the public that demands regular and prompt attendance. It is the employees’
responsibility to maintain their physical and mental well being and to achieve a
maximum level of productivity.
Although it is recognized that excessive absenteeism is a proper reason for
corrective/disciplinary action, up to and including termination of employment, it is the
policy of the City to identify problem areas by keeping proper records, exploring
avenues of available assistance, and encouraging compliance with attendance
standards.
This attendance policy was developed to establish guidelines to further efforts to
provide service to the public, and is designed to be a no-fault program. The pervasive
problems stemming from inordinate absences are the focus of this policy, not the nature
of the absences.
Authorized leaves and statutorily protected leaves (e.g., Family and Medical Leave Act,
California Family Rights Act, Military leave, jury duty and subpoenas and court
appearances, bereavement leave, vacation leave, FMC leave of absences, suspension,
union business, etc.) are outside the scope of this attendance policy.
In the event of a serious illness or injury to the employee requiring the employee’s
absence during a future period of time, or a serious illness or injury to the employee’s
spouse, dependent minor children, or parents requiring the employee’s absence during
a future period of time, the * * * Transportation Department, the employee and the
Union * * * may agree to a plan for the employee’s absence(s) over a specified period
of time. If such plan is agreed upon, absences under such plan shall not be subject to
this policy.
ATU MOU 10/29/2018–10/25/2020 Page 78
DEFINITIONS AND RULES - SECTION I:
1.Excluding the authorized and statutorily protected leaves discussed above, an
absence or absenteeism is defined as any failure to show up for or remain at
work as scheduled regardless of the reason. Any employee, who fails to show
up for work or remain at work as scheduled, will be charged with an incident of
absence under this policy.
(a)Approved leaves (i.e., scheduled leave time prearranged, approved, and
authorized) shall not be considered an incident.
(b)A day or days of continuous absence shall be considered one incident.
(c)Employees who are absent for an indefinite period due to illness must
keep dispatch informed as to the status of their absence, including
specifying any tentative return date if requested by their supervisor or
designee.
2.Any employee who does not report to work in person or by telephone will be
considered absent without leave, and subject to disciplinary action as provided in
the applicable provisions of the Fresno Municipal Code, as the same may be
amended from time to time.
CORRECTIVE/DISCIPLINE ACTIONS * * * - SECTION II:
1.Excessive absenteeism by an employee shall subject said employee(s) to
corrective/disciplinary action. Excessive absenteeism for purposes of this policy
shall be defined as four (4) or more occurrences (i.e., incident) of absence within
any consecutive 12-month period beginning with the effective date of this policy.
The 12-month period referred to in this policy shall mean a “rolling” 12-month
period.
2.The disciplinary levels under this policy are noted in the table below.
Incident Employee Optional Levels
4th Verbal Warning Verbal Warning
5th Letter of Understanding Letter of Understanding
6th Written Reprimand Written Reprimand
7th $100 Fine OR 2 Working Days Suspension
8th $300 Fine OR 5 Working Days Suspension
9th 10 Working Days Suspension 10 Working Days Suspension
10th Termination Termination
ATU MOU 10/29/2018–10/25/2020 Page 79
The City reserves the right to deviate from this table of progressive
corrective/disciplinary action * * * under mitigating circumstances. An example
of a mitigating circumstance is a case where an employee with an otherwise
exemplary prior history of good attendance [three (3) to five (5) years]
experiences an unexpected problem, which causes inordinate temporary
absenteeism, or whenever there is a pattern of abuse of time off.
3.* * * An employee who has no additional incidents * * * for 90 calendar days
after receipt of an incident shall have * * * the number of incidents reduced by
one (1). The employee must have no additional incidents for an additional
30 calendar days before an additional incident is removed. If an employee
receives an incident before an additional 30 calendar days has passed,
then no incident will be removed until 90 calendar days after the last
incident. The incident to be removed shall be the oldest in the rolling 12-month
review period.
ADDENDUM I
ADDENDUM I
Employee Performance Evaluation Form
Date: ----------
Employee Name: ------------
Rating Period: From _________ to __________ _
Type of Evaluation: 0 Annual D Probationary (Mid-Probation/End of Probation)
Rater's Name: Rater's Title:
Rating Categories: ]) Unsatisfactory/Needs Improvement, 2) Average, 3) Above Average, 4)
Superior
Values (ACT IT)
Accountability: Take personal responsibility for actions.
Compassion: Care about and respect people.
Trust: Believe in each other.
Innovation: Seek new and creative ways to improve our business.
Teamwork: Work together to achieve the City Vision.
Category
Attendance -Attendance is within acceptable guidelines.
Observance of work hours -Reports to work on time.
Compliance with rules -Complies with FAX rules and regulations.
Responsibility -Completes assignmen,ts in a responsible manner. Takes
responsibility for actions on the job ..
Safety practices/Operation of and care of equipment -Demonstrates
general observance of safety practices and safety rules.
Public contact -Demonstrates positive contacts with public.
Interpersonal skill -Gets along with peers, supervisor s and other staff.
Job knowledge, skills and proficiency -Demonstrates an understanding of
the scope of assigned duties and the ability to perform those duties as
directed.
Jud�ement -Handles day to day problems.
Deadlines -Runs schedules within guidelines.
Overall Score
Ratin�
1 2 3 4
ADDENDUM l
Employee Performance Evaluation Form
Based on the ratings given above, rate the employee on Key Objectives below:
K ob· ti ey 11ec ves
Ratin2
Category 1 2 3
Customer Satisfaction: Works well with the public.
Employee Satisfaction: Works well with co-workers, supervisors.
Financial Mana2ement: Uses available resources effectively.
Comments on Ratinos b Rater
Employee Comments
Note: Attach current Success Plan.
Rater: This report is based on my best judgment of the of the rated employee's performance.
Signature: Date: --------
Reviewer: Date:
For final Pr obation reports only: I do D, I do_not D recommend this employee be granted
permanent status.
Employee: I certify that this report has been discussed with me. I understand that my signature
does not necessarily indicate agreement.
D I wish to discuss this report with the reviewer.
Signature: Date:
ADDENDUM Il
2006 SIDE LETTER OF AGREEMENT
BETWEEN AND FOR THE
CITY OF FRESNO
AND
AMALGAMATED TRANSIT UNION, LOCAL 1027
(Bus Drivers-Unit 6)
WAGE ORDER No. 9-2001 SIDE LETTER AGREEMENT
1.It is agreed between the parties hereto that given the nature of the work provided
by the members of the bargaining unit, such members cannot be relieved of all duty, as
contemplated by Section 11.C. of Wage Order No. 9. In view of this fact, the parties
have entered into this Side Letter Agreement providing that, commencing July 1, 2006,
the employees in the Bus Drivers' Unit (Unit 6) may receive an on-the-job paid meal
period rather than a duty-free meal period.
2.It is further agreed between the parties hereto that this Agreement expressly
provides for rest periods for the employees covered by this Agreement, and that the
employer will make reasonabl e efforts to provide rest periods during the work period but
it is understood that such rest periods may be delayed. In instances when such rest
periods must be delayed, such periods may, at the direction of the employer, be
aggregated and/or provided at the end or the beginning of the employee's work shift.
3.It is agreed that, unless this Side Letter Agreement is terminated as provided in
Article IX, Section B.2., of the FY07-FY09 MOU between the City and Local 1027, this
Side Letter Agreement will remain in effect perpetually.
4.It is agreed between the parties hereto that starting July 1 , 2006, and continuing
thereafter, even if this Agreement is terminated as provided in Article IX of the FY07-
FY09 MOU, the base pay for all bargaining unit employees will be increased by $0.41
per hour. It is further agreed that, provided this Side Letter Agreement is not terminated
as provided in Article IX, Section B.2., of the FY07-FY09 MOU between the parties,
every five (5) years thereafter, i.e., starting July 1, 2011, the base pay for bargaining
unit employees will be increased by an amount equal to the increase in the annual
consumer price index for All Urban Consumers (CPI-U) for the U.S. City Average for All
Items, 12-month percent change, multiplied by $0.41.
5.It is further agreed that should this Side Letter Agreement be terminated, as
provided in Article IX, of the FY07-FY09 MOU, ATU Local 1027 will no longer be bound
by its agreement with the City, and the City will be obligated to abide by all applicable
aspects of Wage Order No. 9 including, but not limited to, the provisions of sections 11
& 12 thereof.
6.If it is subsequently determined, by any court of competent jurisdiction, that the
City is liable for penalties with respect to the meal period and/or rest period provisions of
Page 2
Side Letter Agreement RE: Wage Order No 9
Amalgamated Transit Union, Local 1027 (ATU)
IWC Wage Order No. 9, in spite of the existence of this Side Letter Agreement, the Side
Letter will expire, ATU Local 1027 will no longer be in agreement with the City to allow
on the job paid meal periods and/or rest periods as provided by the Side Letter
Agreement, and Local 1027 and the City will meet and confer in an effort to discuss
mutually agreeable options at that time.
7. It is agreed between the parties hereto that any disputes pertaining to the matters
set forth in this Side Letter Agreement shall be submitted to the grievance procedure set
forth in the Memorandum of Understanding to which this Side Letter Agreement is
attached, except that final and binding arbitration, as described below, shall replace the
"Grievance Advisory Committee" described at Step Three of that procedure. The final
and binding arbitration shall be heard by an arbitrator selected from a panel of seven (7)
arbitrators provided by the California State Mediation and Conciliation Service. Said
arbitrator, once selected, shall convene the parties for a hearing as soon as practical.
The arbitrator shall not have the authority to amend, alter or change any provision of the
Side Letter Agreement. A written award on the merits shall be ·final and binding on the
parties. Compensation for the arbitrator shall be shared equally between the parties.
8. The parties further acknowledge that it is understood and agreed that this Side
Letter of Agreement has the full force and effect of any other provision of the current
MOU, and that this Side Letter of Agreement will be treated, for all purposes, as if it
were an integrated portion of the current MOU.
AMALGAMATED TRANSIT
UNION, LOC 1027
KENNETH . PHILLIPS
President Labor Relations Manager
DATE: /?/'-f ~-c;?~ DATE:
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
BY:V~P,~~
Deputy City Attorney
BETWEEN AND FOR THE
CITY OF FRESNO
AND
AMALGAMATED TRANSIT UNION, LOCAL 1027 (ATU)
(Bus Drivers and Student Drivers - Unit 6)
April 6, 2015 – June 30, 2017
October 29, 2018 – October 25, 2020
TABLE OF CONTENTS
Page
ATU MOU 10/29/2018–10/25/2020 REDLINE Page i
ARTICLE I ....................................................................................................................... 1
PREAMBLE ..................................................................................................................... 1
A. PURPOSE ................................................................................................. 1
B. DEFINITIONS ............................................................................................ 1
C. GOVERNING LAWS .................................................................................. 1
ARTICLE II ...................................................................................................................... 2
EMPLOYEE RIGHTS ...................................................................................................... 2
A. GENERAL - EMPLOYEE RIGHTS ............................................................ 2
B. NONDISCRIMINATION ............................................................................. 2
C. EMPLOYEE RESPONSIBILITIES ............................................................. 2
ARTICLE III ..................................................................................................................... 3
CITY RIGHTS ................................................................................................................. 3
A. GENERAL .................................................................................................. 3
B. RESERVED RIGHTS................................................................................. 3
ARTICLE IV ..................................................................................................................... 4
RECOGNITION ............................................................................................................... 4
A. UNION RECOGNITION ............................................................................. 4
B. UNION OFFICERS AND STEWARDS ...................................................... 4
C. UNION BULLETIN BOARDS ..................................................................... 5
D. REPRESENTATION .................................................................................. 5
E. RECOGNITION OF UNIT DESCRIPTION ................................................. 5
F. CITY RECOGNITION ................................................................................ 5
G. RECOGNITION OF MUTUAL OBLIGATION ............................................. 6
H. POLICY MEMORANDA ............................................................................. 6
I. LOCKOUT AND STRIKE ........................................................................... 6
J. UNILATERAL ACTION .............................................................................. 6
K. BUS OPERATION ..................................................................................... 6
L. STUDENT DRIVER PROGRAM ................................................................ 6
M. BY-LAWS .................................................................................................. 7
ARTICLE V ...................................................................................................................... 9
SCOPE OF REPRESENTATION .................................................................................... 9
A. GENERAL .................................................................................................. 9
B. EMPLOYEE REPRESENTATION ............................................................. 9
C. GENERAL REPRESENTATION .............................................................. 10
D. GRIEVANCE PROCEDURE .................................................................... 10
ARTICLE VI ................................................................................................................... 15
DUES DEDUCTION ...................................................................................................... 15
A. GENERAL ................................................................................................ 15
A. DUES CHECK-OFF ................................................................................. 15
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD ......... 16
C. DUES DEDUCTION CHECK ................................................................... 16
TABLE OF CONTENTS
Page
ATU MOU 10/29/2018–10/25/2020 REDLINE Page ii
ARTICLE VII .................................................................................................................. 18
DISCIPLINARY ACTIONS ............................................................................................ 18
A. DISCIPLINARY ACTIONS ....................................................................... 18
B. REPORTING LATE FOR DUTY (MISS-OUTS) ....................................... 18
C. USE OF VIDEO IN DISCIPLINE .............................................................. 21
ARTICLE VIII ................................................................................................................. 22
FAX RULES AND REGULATIONS ............................................................................... 22
A. DEFINITIONS .......................................................................................... 22
B. ASSIGNMENTS AND PAY TIME ............................................................ 27
C. EXTRA BOARD ....................................................................................... 30
1. Assignment of Work From the Extra Board ................................... 31
2. Hold Down Work Assignments ...................................................... 37
3. Guarantee ..................................................................................... 38
D. GENERAL RULES FOR ALL BUS DRIVERS AND STUDENT DRIVERS
38
1. Sign-Ups ....................................................................................... 38
2. Annual and Daily Vacation ........................................................... 40
3. Alternative Workweek Work Schedules ........................................ 44
4. Sick Leave .................................................................................... 45
5. Holidays ........................................................................................ 48
6. Employee Incentive Time Off ..................................................... 50
7. Return to Service or Position ........................................................ 51
8. Complaints/Inquiries ...................................................................... 51
9. Accidents/Incidents ....................................................................... 53
10. Accident Review and Safety Committee (ARC) ............................ 55
E. BENEFITS FOR PERMANENT PART TIME (PPT) BUS DRIVERS ........ 56
1. General ......................................................................................... 56
2. Additional Departmental Rules and Regulations ........................... 56
3. Recruitment and Retention ........................................................... 57
4. Benefits ......................................................................................... 60
F. RUN EXCHANGES.................................................................................. 61
ARTICLE IX ................................................................................................................... 63
COMPENSATION AND BENEFITS .............................................................................. 63
A. GENERAL ................................................................................................ 63
B. SALARIES ............................................................................................... 63
C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST ........... 64
D. BUS PASSES .......................................................................................... 65
E. UNIFORM PURCHASE AND MAINTENANCE ALLOWANCE ................ 65
F. PROBATIONARY PERIOD ...................................................................... 67
G. LEAVE WITHOUT PAY ........................................................................... 67
H. UNAUTHORIZED LEAVE AS RESIGNATION ........................................ 67
I. WORKERS' COMPENSATION ................................................................ 67
J. RETIREMENT ......................................................................................... 69
TABLE OF CONTENTS
Page
ATU MOU 10/29/2018–10/25/2020 REDLINE Page iii
K. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)........................... 69
L. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT BUS
DRIVERS 70
M. FEDERAL DRUG POLICY (FEDERAL OMNIBUS TRANSPORTATION
EMPLOYEE TESTING ACT) .............................................................................. 70
N. VERIFIED TRANSIT TRAINING (VTT) .................................................... 73
O. BILINGUAL CERTIFICATION PROGRAM .............................................. 73
P. AMERICANS WITH DISABILITIES ACT, FMLA, AND CFRA .................. 74
Q. HOURS PREMIUM PAYSHIFT DIFFERENTIAL ..................................... 74
R. MOVEMENT BETWEEN STEPS ............................................................. 74
S. PAY FOR PERFORMANCE .................................................................... 74
T. STATE DISABILITY INSURANCE (SDI) .................................................. 75
U. PRODUCTIVE TIME ................................................................................ 78
ARTICLE X .................................................................................................................... 79
SAVING CLAUSE/FULL UNDERSTANDING ............................................................... 79
A. SAVING CLAUSE .................................................................................... 79
B. FULL UNDERSTANDING ........................................................................ 79
C. LIMITED REOPENER.............................................................................. 79
ARTICLE XI ................................................................................................................... 81
TERMINATION ............................................................................................................. 81
SCHEDULE A – Salaries .............................................................................................. 83
ADDENDUM I - Attendance Policy
ADDENDUM II – Employee Performance Evaluation Form
ADDENDUM III - Wage Order No. 9-2001 Side Letter Agreement
LEGEND
* * * = deleted old language
[§ deleted] = section/subsection deleted
[§§ deleted] = two or more
sections/subsections deleted
bold type = new language
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 1
ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding, hereinafter MOU, entered into between the
City of Fresno, hereinafter the City, and Amalgamated Transit Union, Local
No. 1027, hereinafter ATU, has as its purpose to establish wages, hours, and
other terms and conditions of employment. In the event ATU or the City
becomes aware of a practice, procedure, or activity which is not in compliance
with this MOU then, notwithstanding such practice, procedure, or activity the
parties shall immediately comply with the applicable provision of the MOU, rule,
regulation, or statute.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and, except to
the extent that a particular word or phrase is otherwise specifically defined in this
MOU, the definitions and provisions contained in Chapter 3, Sections 3-101, 3-
201, 3-202, 3-501, and 3-603 of the Fresno Municipal Code hereinafter FMC,
shall govern the construction, meaning, and application of words and phrases
used herein. The definition of each word or phrase shall constitute, to the extent
applicable, the definition of each word or phrase which is derivative from it, or
from which it is a derivative, as the case may be.
C. GOVERNING LAWS
The legal relationship between the City and its employees and the City and ATU
is governed by Chapter 10 of Division 4 of Title I of the Government Code
(Section 3500 et seq., commonly known as the Meyers-Milias-Brown Act), and
Article 6 of Chapter 3 of the FMC, as may be amended from time to time, and
in the event of conflict between said laws and this MOU, or in the event of
conflicts in interpretation, said laws shall govern.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 2
ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL - EMPLOYEE RIGHTS
The rights of employees, except as expressly modified herein, are set forth in
FMC Section 3-604. Execution of this MOU by ATU shall not be deemed a
waiver of any ATU or employee right unless the right is clearly or explicitly
modified or restricted herein.
B. NONDISCRIMINATION
The provisions of this MOU shall apply equally to, and be exercised by, all
employees consistent with state and federal nondiscrimination statutes. The
requirements mandated by these statutes have been established in City policies.
C. EMPLOYEE RESPONSIBILITIES
All employees in the Bus Drivers Unit, hereinafter Unit, as described in Article IV
Section E, acknowledge that the City shall consider the positions and proposals
of ATU as the meet and confer positions and proposals of all Bus Drivers,
individually and collectively, in said Unit.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 3
ARTICLE III
CITY RIGHTS
A. GENERAL
1. ATU and the City agree that the rights of the City are as set forth in FMC
Section 3-605.
2. This MOU is not intended to restrict discussion with ATU regarding
matters which may affect the members but which are outside the
mandatory scope of bargaining.
3. Nothing in this MOU shall be construed as delegating to others the
authority conferred by law on the City, or in any way abridging or reducing
such authority.
4. This MOU shall be construed as requiring the City to follow its provisions
in the exercise of the authority conferred upon the City by law, except that
this clause shall not be deemed to be a grant of authority to sue any
person, including ATU, not otherwise existing.
B. RESERVED RIGHTS
All City rights formerly or presently claimed by or vested in the City on the
effective date of this MOU, even though not specifically set forth in this Article,
are retained by the City unless clearly and explicitly modified or restricted in this
MOU, and no City right shall be deemed waived, modified, or restricted unless
such waiver, modification or restriction is explicitly and specifically approved by
the City Council.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 4
ARTICLE IV
RECOGNITION
A. UNION RECOGNITION
The City acknowledges ATU as the recognized employee organization
representing the Unit, and therefore, shall meet and confer in good faith promptly
upon request by ATU and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals, and to make every
reasonable effort to reach agreement on matters within the scope of
representation. In order that the meet and confer process includes adequate time
for full consideration of the proposals of both parties and for resolution of any
impasse, MOU negotiations may be initiated at the request of either party as
early as four (4) months preceding expiration of the MOU.
B. UNION OFFICERS AND STEWARDS
1. A written list of the Officers and Stewards of ATU shall be furnished to the
City immediately after their designation and ATU shall notify the City
promptly in writing of any changes of such ATU Officers.
2. Not later than at the completion of the training period, the City shall inform
each new Bus Driver in this unit of the name and address of ATU. The
City and ATU shall share equally the cost of printing copies of this MOU
sufficient to provide a copy to all current Bus Drivers, Bus Drivers hired
during the term of this agreement, all Fresno Area Express, hereinafter
FAX, management employees, and the Labor Relations Division.
3. The City shall provide to ATU a monthly report that includes the names
addresses and phone numbers of all Bus Drivers. The report will include
their hire date, date the driver first was hired as a PPT and/or when the
Bus Driver went to full time status, and the dates the Bus Drivers are
transferred, terminated, retired, or promoted. The City will
provide advance projected information on the probation end date for all
probationary Bus Drivers. The actual probation end date is adjusted by
any leave taken by the probationary employee.
4. An ATU officer will be allowed to use up to thirty (30) minutes unpaid time
to speak with each Student Bus Driver class to provide a union orientation.
FAX management may or may not attend the "orientation" at their
discretion.
5. The City recognizes the ATU President, Vice President, and Secretary-
Treasurer as the designated representatives of ATU, and only these
officers, or other officers designated in writing by the President, shall be
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 5
authorized to meet and confer with the City, or otherwise represent ATU in
its relations with the City. ATU officers off on approved ATU leave without
pay on the day before or day after a holiday shall not lose credit for that
holiday.
C. UNION BULLETIN BOARDS
The Union may use bulletin boards designated by the City to post materials
related to Union business. Any materials posted must be dated, initialed by the
Union representative responsible for the posting, and a copy of all materials
posted must be distributed to the Transit General Manager Director of
Transportation or designee at the time of posting.
D. REPRESENTATION
ATU agrees to represent all Bus Drivers and Student Drivers in the Unit without
discrimination, interference, restraint, or coercion, subject to the right of such Bus
Drivers and Student Drivers to represent themselves individually in their
employment relations with the City. ATU shall defend and hold harmless the
City, its officers and employees, from any costs or liability arising out of or related
to any claim of any Bus Drivers and Student Drivers in the Unit that ATU is
discriminating and/or has discriminated against or failed to represent such Bus
Drivers and Student Drivers in violation of any law or the provisions of this
subsection.
E. RECOGNITION OF UNIT DESCRIPTION
The Bus Drivers Unit consists of all employees of in the classifications, of Bus
Driver and Student Driver (hereinafter referred to as employee/Bus “Driver”).,
holding a permanent position, as defined in FMC Section 3-202 (p)(4), which
states, "Permanent position shall mean a full time or part time position in the
classified service created pursuant to this article, or a position in the unclassified
service, the duration of which is not limited by the terms of the ordinance,
resolution or other authorized action creating it." Such Unit may be modified from
time to time in the manner designated in the FMC. The Unit does not include
individuals employed as Student Drivers. The City shall provide to ATU two (2)
copies of the seniority list not later than 15 days after the effective date of this
MOU and within five (5) work days of each change to the seniority list.
F. CITY RECOGNITION
ATU recognizes the City Manager of the City, or such other person as may be
designated in writing, as the designated representative of the City, pursuant to
FMC Section 3-615, and shall meet and confer in good faith promptly upon
request by the City and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals, and to make every effort to
reach agreement on a successor MOU at least one (1) week prior to the last
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 6
regular Council meeting at which the City budget must be adopted for the
ensuing fiscal year in order to meet the June 30 deadline in the City Charter.
G. RECOGNITION OF MUTUAL OBLIGATION
ATU and the City recognize and acknowledge their mutual obligation and
responsibility to effectuate the purposes set forth in, and to adhere to the
conditions and clauses set forth in, this MOU.
H. POLICY MEMORANDA
FAX shall provide to the ATU President, Vice President, or Secretary-Treasurer
two (2) copies of each policy memorandum addressed to Bus Drivers not later
than two (2) days before the memorandum is posted in the Bus Drivers’ room.
I. LOCKOUT AND STRIKE
1. No lockout of Bus Drivers employees in this Unit shall be instituted by
the City during the term of this MOU.
2. No unlawful strikes, or work stoppages of City employees, as defined in
FMC Section 3-624, shall be caused, instigated, encouraged, condoned,
participated in, or honored by ATU or its members during the term of this
MOU.
J. UNILATERAL ACTION
In the event the meet and confer process for a successor MOU results in an
impasse, the City shall not take unilateral action regarding wages, hours, and
other terms and conditions of employment prior to completion of the impasse
resolution procedures as identified in FMC 3-617 and applicable state law or as
modified in the ground rules.
K. BUS OPERATION
Bus equipment in revenue service operated by, owned by or registered to, the
City shall be staffed by Operators covered by this MOU. The City acknowledges
that bus exchanges are a part of this Unit’s usual work, and exceptions to this
practice shall be for unusual and exceptional circumstances; however,
commercial driver’s licensed FAX maintenance staff may be used for bus
exchanges. The application of this section does not apply to the para transit
service provided under contract to the City, nor does it apply to the training of
Student Drivers which occurs on bus equipment in revenue service.
L. STUDENT DRIVER PROGRAM
1. Classification
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a. Student Drivers (formerly Student Bus Drivers) are in Unit 6
and are represented by the Union. Student Drivers cannot
attain permanent status.
b. The position of Student Driver shall not be an eligible option
for a layoff, in other words, an employee who is a Bus Driver
and is released from that position shall not have the option to
return to their previous class of Student Driver.
c. Student Drivers shall be trained in and shall perform the
expected various duties typical of a Bus Driver.
d. The Student Driver classification is designed to prepare the
incumbent for a Bus Driver position. Failure to demonstrate
the ability to become a Bus Driver and/or failure to complete
the Student Driver training program within ten (10) weeks from
date of appointment shall result in termination from the
program.
2. Compensation and Benefits
a. Student Drivers shall be compensated at the rate of ninety
percent (90%) of an A Step Bus Driver as reflected in Table A
attached hereto and incorporated by reference.
b. Student Drivers shall be entitled to all benefits afforded to
probationary Bus Drivers.
3. Applicability of MOU provisions
The following provisions of this MOU shall not apply to Student
Drivers.
• Article VII, Section A. Disciplinary Actions, Subsection 3, Use
of Hearing Officer
• Article VII. Section B. Reporting Late for Duty (Miss Outs)
• Article VIII, Section B. Assignments and Pay Time
• Ar ticle VIII, Section C. Extra Board
• Article VIII, Section D., Subsection 1. Sign-Ups
• Article VIII, Section F. Run Exchanges
• Article IX, Section D. Bus Passes
• Article IX, Section O. Bilingual Certification Program
M. BY-LAWS
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ATU will provide a copy of its By-Laws to the Labor Relations Division. An
updated copy of the By-Laws will be provided to Labor Relations whenever
the By-Laws are changed.
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ARTICLE V
SCOPE OF REPRESENTATION
A. GENERAL
1. "Scope of Representation" means all matters relating to
employer/employee relations, including, but not limited to wages, hours,
and other terms and conditions of employment. Employee rights, as set
forth in FMC Section 3-604, and City rights, as set forth in FMC Section
3-605(a), are excluded from the scope of representation.
2. ATU is the exclusive representative of all Bus Drivers employees in the
Unit. holding a permanent position within the class described in Article IV
Section E.
3. Subject to the provisions of FMC Section 3-620 and Article VI hereof, the
parties recognize that membership in ATU is not compulsory, that
Bus Drivers and Student Drivers have the right to join, not join, maintain,
or drop their membership in ATU, and that neither party shall exert any
pressure on or discriminate against a Bus Driver or Student Driver
regarding such matters.
4. ATU agrees to represent all of the Bus Drivers and Student Drivers in the
Unit fairly and equally without regard to whether or not a Bus Driver or
Student Driver is a member of ATU. The terms of this MOU have been
made for all Bus Drivers and Student Drivers within the Unit and not only
for members of ATU, and this MOU has been executed by the City after it
has satisfied itself that ATU is the choice of a majority of the Bus Drivers
and Student Drivers in the Unit, subject to revocation as specified in
FMC Sections 3-612 and 3-613.
B. EMPLOYEE REPRESENTATION
1. ATU may represent Bus Drivers and Student Drivers covered by this
MOU on grievances under any City grievance procedure and on
Bus Driver and Student Driver appeals allowed by City code or rule.
2. ATU Officers and Stewards shall have the same right of access to
personnel files as does the Bus Driver or Student Driver represented by
such Officer or Steward, provided that the Bus Driver or Student Driver
either accompanies the representative or authorizes such access in
writing. Copies of disciplinary letters will be released to the Union
representative if the Bus Driver affirmatively requests that it be done by
signing the Release included at the bottom of any Notice of Proposed
Disciplinary Action.
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3. ATU Officers and Stewards designated under Article IV B. of this MOU
shall be excused without loss of regular compensation from their regular
duties for such time as is necessary to attend and represent ATU
members at grievance hearings, beginning at the first level of supervision
and for such other representational hearings as are provided by City Code
or rule.
4. ATU officers (i.e., president and executive board members) will be allowed
time off without pay to attend to Union business up to a maximum of 2,350
hours in a fiscal year. ATU may request and FAX will consider a request
for additional time off without pay for union business in any fiscal year
where additional time is deemed necessary by the Union. No more than
three (3) representatives will be allowed off at a time for these purposes.
Where practical, FAX will be provided with at least five (5) calendar days,
but no less than one (1) calendar day (24 hours), advance notice. A fourth
(4th) representative will be allowed time off to attend the Union’s executive
board meeting and/or Union meetings. In addition, a fourth (4th) Union
representative may be allowed additional time off with one (1) calendar
day (24 hours) advance notice and approval by the Operation Manager or
designee. It is understood that time-off granted as a result of the annual
vacation sign-up shall not be cancelled by the application of this
subsection.
5. No ATU officer or executive board member shall lose any benefits as a
result of time taken off without pay to attend to Union business.
C. GENERAL REPRESENTATION
1. The City recognizes the right of Bus Drivers and Student Drivers in this
Unit to be represented by ATU in their employer-employee relationship
with the City. A Bus Driver or Student Driver in this Unit has the right to
be represented by an Officer or Steward of ATU when called by
management to discuss or review any action by the Bus Driver or Student
Driver when such discussion or review may result in any adverse action.
Should any Bus Driver or Student Driver request such representation, no
further discussion or review may occur until a representative is present,
except that no unreasonable delay shall result from such request.
2. This section does not apply to the normal ongoing employment
relationship or supervisor/subordinate relationship between the City and
its employees, when such matters as, including but not limited to, work
direction, scheduling, and non-disciplinary counseling or performance
evaluation, are the subjects of the discussion or review.
D. GRIEVANCE PROCEDURE
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1. A grievance is a dispute concerning the interpretation or application of any
existing City policy, written rule or regulation governing personnel
practices or working conditions, including this MOU, and may, but is not
limited to, include such matters as daily working assignments, equipment,
safety or health hazards, and treatment of Bus Drivers or Student Drivers
under any rule or regulation. This procedure shall not apply to any dispute
for which there is another established resolution procedure, including but
not limited to, appeal to the Civil Service Board, Retirement Board, unfair
employer-employee relations charge, fact-finding procedure. The
grievance procedure relates only to existing rights or duties, not to the
establishment of a right or duty or as outlined below.
2. A written grievance must set forth the specific rule, regulation, policy or
specific section of the MOU claimed to have been violated, describe the
specific incident or circumstances of the alleged violation, and specify the
remedy sought, or it will be returned to the grievant for appropriate
completion within the time lines set forth in Step One, which shall be the
amount of existing time left to file the grievance when the grievance was
originally submitted but in no case less than one (1) day. Any dispute
between the parties as to the grievability of an issue or as to whether the
requirements of this procedure have been met shall be presented to a
Hearing Officer the Grievance Advisory Committee. The Grievance
Advisory Committee Hearing Officer shall rule on the dispute before
proceeding with the hearing. The Hearing Officer Committee will be
bound by the agreement of the parties regarding timeliness..
3. ATU may represent grievants covered by this MOU on grievances under
the grievance procedure.
4. The grievant and designated representative shall be excused without loss
of compensation from regular duties for such time as is necessary to
attend and represent the grievant at grievance hearings, beginning at the
first level of supervision.
5. The grievant (and/or designated representative) shall be entitled to
request the release from duty of no more than three (3) Bus Drivers
and/or Student Drivers of this Unit, at any one time, to appear as a
witness at the grievance hearing (Step Three). Each such Bus Driver or
Student Driver shall be excused without loss of compensation from their
regular duties for such time as is necessary to attend the grievance
hearing. However, each such Bus Driver and/or Student Driver shall not
be entitled to overtime compensation from FAX or the City to due to their
attendance at the grievance hearing.
6. The procedure and sequence in filing and processing a grievance shall be
as follows:
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Step One
a. The Bus Driver or Student Driver (and/or designated
representative) shall discuss the issue with the Bus Driver’s group
supervisor or designee before a written grievance may be filed. The
designee shall be determined by any available Transit Supervisor
II. In the event the designee is not available, any available Transit
Supervisor will meet the requirement of Step One.
(1) If the issue is not settled through this discussion, it either
may be discussed with the next higher supervisor, or a
written grievance may be filed with the grievant’s Operations
Manager or designee. A written grievance must be filed, with
a copy being sent to the Labor Relations Division, within
twenty-one (21) calendar days from the time the grievant
becomes aware or should have become aware of the issue
or incident giving rise to the problem, except that the Bus
Driver or Student Driver shall have seven (7) additional
calendar days at each step of the grievance procedure if the
grievance is co-signed by an ATU Officer.
(2) Upon receipt of a written grievance, the Transit Operations
Manager or designee shall give the grievant a written reply
within twenty-one (21) calendar days.
Step Two
a. Should the grievant not be satisfied with the answer received from
the grievant’s Transit Operations Manager, or designee, the
grievant may within fourteen (14) calendar days, file an appeal to
the Transit General Manager Director of Transportation or
designee. The Transit General Manager Director of
Transportation or designee shall have twenty-one (21) calendar
days, after receipt of the appeal to review the matter, investigate
and provide a written answer to the appeal, explaining clearly the
decision or proposed action and reasons thereof. The Transit
General Manager Director of Transportation or designee may
confer with the grievant (and/or designated representative) and
appropriate supervisors in an attempt to bring about a harmonious
mutually acceptable solution.
b. The City, the grievant, (and/or the designated representative) may,
by mutual agreement, waive steps one (1) and two (2) and proceed
directly to hearing by the Grievance Advisory Committee when the
issue is one over which the grievant’s Transit Operations Manager,
or designee, or Transit General Manager Director of
Transportation, or designee, has no jurisdiction.
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Step Three
a. If the grievant is not satisfied with the decision of the Transit
General Manager Director of Transportation or designee, the
grievant may within seven (7) calendar days after receipt of the
written reply, file a request for a review of the Transit General
Manager Director of Transportation’s or designee’s decision to
the Grievance Advisory Committee, with a copy sent to the Labor
Relations Division. The review/appeal to a Hearing Officer shall
be reviewed and approved by ATU before it is delivered to the
Labor Relations Division.
b. The City, the grievant (and/or the designated representative) may,
by mutual agreement, seek resolution of the grievance through
mediation using the services of the State Mediation and
Conciliation Service prior to hearing by a Hearing Officer the
Grievance Advisory Committee. Time limits for processing of the
grievance are automatically extended for as long as the mediation
is in process.
c. The Grievance Advisory Committee shall be comprised of three (3)
members: one selected by ATU, one selected by the City, and the
chairperson. The Hearing Officer chairperson may be chosen
either by mutual agreement of ATU and the City, or by the "strike"
method from a list of neutrals provided by the State Mediation and
Conciliation Service. If the Chairperson is selected by the strike
method from the list of neutrals provided by the State Mediation
and Conciliation Service, then the Grievance Committee shall be
comprised exclusively of the selected neutral.
Fees and expenses of the Hearing Officer chairperson shall be
paid half by the City and half by ATU; provided however, that the
Hearing Officer Grievance Advisory Committee may recommend
that the City or ATU pay the total of such fees and expenses,
should it find that, but for the unreasonableness of that party's
posture, the convening of the grievance hearing Committee would
not have been necessary. The City, the grievant (and/or the
designated representative) shall make a reasonable effort to select
a Hearing Officer chairperson within fourteen (14) calendar days
of receipt of the grievance requesting review by a Hearing
Officer Grievance Advisory Committee by the Labor Relations
Division.
d. The Hearing Officer neutral and Grievance Advisory
Committee shall be bound by the language of the MOU, City
Administrative Orders, ordinances, rules and regulations, and
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department rules and regulations consistent therewith in
considering any issue properly before them. The Hearing
Officer neutral and Grievance Advisory Committee shall define the
precise issues from those submitted by the parties and shall have
no authority to consider any other issue(s) not so submitted. The
Hearing Officer neutral and Grievance Advisory Committee may
not recommend changes in established wages or benefits, nor
recommend the payment of back wages or benefits to a date prior
to the date of the incident.
e. From the date a grievance otherwise meeting all criteria for the
filing and processing of a grievance reaches the Labor Relations
Division pursuant to subsection a. above, every effort will be
made to convene the Grievance Advisory Committee grievance
hearing within thirty (30) calendar days in order to hear the
grievance.
f. All time limits herein may be extended by mutual agreement of the
parties.
g. The Hearing Officer Grievance Advisory Committee shall talk to
the grievant and supervisor involved to set forth in writing the facts
of the particular situation and recommend a solution to the City
Manager or designee within thirty (30) calendar days of its last
meeting.
h. The City Manager or designee shall review the decision of
the Transit General Manager Director of Transportation or
designee and recommendations of the Grievance Advisory
Committee Hearing Officer and shall render a written decision to
the grievant within twenty-one (21) calendar days after receipt from
the Grievance Advisory Committee Hearing Officer.
i. Failure of the grievant to file an appeal within the specified time limit
shall constitute an abandonment of the grievance. Failure of the
responsible supervisor or official of the City to render a decision
within the specified time limit established by this procedure shall
automatically move the grievance to the next higher level for action,
without action required of the grievant.
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ARTICLE VI
DUES DEDUCTION
A. GENERAL
Pursuant to and in accordance with Section 3502.5 of the Government Code and
all the provisions therein, the City and ATU agree that all Bus Drivers in this Unit
shall be required, as a condition of continued employment, to join ATU or pay to
ATU a Service Fee. Except as expressly modified herein, the procedures
governing dues deductions, agency shop, hold harmless obligations, religious
and conscientious objections, and financial reporting requirements, shall be as
provided in Government Code Section 3502.5, as the same may be amended
from time to time.
A. DUES CHECK-OFF
Rules governing dues check-off are set forth in FMC Section 3-620.
1. The City shall deduct the dues or benefit premiums, or both, following
receipt of notice from ATU that upon proper authorization has been
provided by to ATU by members in the Unit. The City shall stop dues
deductions or benefit premium deductions, or both, upon receipt of
notice from ATU that authorization has been provided to ATU by
members in the Unit. Should there be a dispute regarding the
deduction of dues, ATU shall provide the City with a copy of the
authorization(s) signed by the employee.
2. If a member in the Unit desires the City to deduct dues or benefit
premiums from the member’s paycheck, a deduction authorization shall be
made upon a Dues Deduction Authorization card.
3. The Service Fee shall consist of, and not exceed the standard initiation
fee, periodic dues, and general assessments of ATU. ATU shall neither
require a non-member of ATU to make any payment to the Committee on
Political Action (COPE), nor shall ATU include as a part of the Service Fee
an amount to be used for political purposes.
4. In the event a Bus Driver covered hereunder does not authorize deduction
of either ATU dues or a Service Fee from the Bus Driver’s paycheck or
does not make such payment directly to ATU, ATU shall provide a
certification to the City of such failure. Prior to such certification, ATU shall
notify the Bus Driver of its intent to provide certification to the City. Within
seventy-two (72) hours of receipt of the notice of such failure from ATU,
the appointing authority shall place the Bus Driver on leave without pay.
The Bus Driver will have thirty (30) days to provide certification to the City.
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If no certification is received within the thirty (30) day period, it will
constitute grounds for termination by the appointing authority.
5. A Dues Deduction Authorization may be revoked by a member in the Unit,
and the dues or benefit deduction cancelled, only during the months of
November and December of any year. If a member in the Unit desires to
revoke a dues deduction authorization card, a dues deduction revocation
shall be made upon a Dues Deduction Revocation card.
Dues Deduction Authorization and Revocation cards shall be available at
the Finance Department, Payroll and at the Personnel Services
Department.
2. Dues deductions will be terminated when an employee leaves the
Unit.
3. Upon written authorization by a retired member of ATU, the City shall
deduct credit union payments and ATU dues and benefits from the
retirement check of such retired member and forward same to the credit
union or ATU as designed in such authorization.
4. ATU, in consideration for and as a condition of the City withholding
and transmitting payroll and benefit deductions authorized by this
Section and in compliance with SB 866, shall hold harmless the City
of Fresno, its officers, and employees from any liability that may
result from making, canceling, or changing requested deductions.
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD
The member's earnings must be sufficient after other legal and required
deductions are made to cover the amount of the dues deduction authorized.
When a member is in a non-pay status for an entire pay period, no dues
deduction shall be made from future earnings to cover that pay period, nor may
the member be required to deposit the amount which would have been deducted
if the member had been in a pay status during that period. In the case of a
member who is in a non-pay status during only a part of the pay period and
whose salary is insufficient to cover other legal and required deductions, no dues
deduction or deposit shall be made.
C. DUES DEDUCTION CHECK
1. The deduction check covering all such deductions shall be transmitted
bimonthly to:
Amalgamated Transit Union
1221 Van Ness Avenue, Suite 304
Fresno, California 93721
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Should ATU elect to have the deduction check transmitted to an address
other than that set forth hereinabove, ATU shall so indicate by written
notice to the City’s Finance Department, with a copy to the Labor
Relations Division. The City shall transmit the deduction check to the
address specified in the notice as early as is practicable after receipt of
such notice.
2. The deduction check shall be made in favor of:
AMALGAMATED TRANSIT UNION
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ARTICLE VII
DISCIPLINARY ACTIONS
A. DISCIPLINARY ACTIONS
1. Management shall respond to Bus Drivers within 42 calendar days after
discovery of incidents that may lead to disciplinary action excluding
actions subject to review by the Accident and Safety Review Committee
(ARC). If management is unable to respond to the Bus Driver within this
time frame, the Union and the Bus Driver will be notified. If management
fails to respond and/or notify the union within the time frame mentioned
above, the matter will be dismissed.
2. The President, Vice-President and the Secretary-Treasurer of the Union
may, with a signed release by the Bus Driver, review documents related to
disciplinary actions involving Bus Drivers represented by ATU.
3. Use of a Hearing Officer in Disciplinary Action Initiated by City: Bus
Drivers may elect the alternate appeal procedure before a hearing officer
instead of a hearing before the Civil Service Board as provided in FMC
Section 3-283.
B. REPORTING LATE FOR DUTY (MISS-OUTS)
1. Each Bus Driver should bear in mind their responsibility and should report
punctually for assigned duty in order for the department to maintain the
best possible balance of effectiveness and economic efficiency.
2. All Bus Drivers reporting for duty shall sign on not later than the scheduled
reporting time (Example: Report time is 6:00 a.m., Bus Driver late at
6:01 a.m.). Any Bus Driver reporting after the scheduled sign-on time shall
be considered "late" and charged with a miss-out for that day. A Bus
Driver who is not able to report to work as needed will be charged with an
incident consistent with the Attendance Policy, Addendum I, and will be
considered absent without pay, unless the Bus Driver was prevented from
reporting to the division by circumstances beyond the Bus Driver’s control
as determined by the Transit General Manager Director of
Transportation or designee. Any Bus Driver who fails to sign on and has
left the FAX yard performing their job duties will be charged with a miss-
out. In such a case, the Bus Driver shall be allowed to complete their
scheduled work assignment for that day as well as receiving a miss-out.
No Bus Driver shall be charged with a miss-out and an incident for the
same occurrence. In the event the sign-on sheet is not available, it is
FAX’s responsibility to provide an alternative method for Bus Drivers to
confirm their attendance.
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3. Disciplinary action for reporting late for duty (miss-out) in any six (6) month
period, in addition to working the extra board as set forth in Article VIII,
Section C, shall be:
First offense - Written reprimand, in addition to which the Bus Driver
shall be placed at the bottom of the extra board on the
day in which the miss-out occurs at their regular/base
rate of pay or, at the discretion of FAX, sent home. A
Bus Driver who is sent home has the option of using
vacation leave, compensatory time off, or leave
without pay. However, this option will be nullified
when a Bus Driver is sent home, but is scheduled to
return later in the day, and fails to report for any
reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Second offense - Written reprimand, in addition to which the Bus Driver
shall be placed at the bottom of the extra board on the
day in which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Third offense - One day suspension or a one hundred twenty-five
dollar ($125) fine to be determined at the discretion of
the Bus Driver, in addition to which the Bus Driver
shall be placed at the bottom of the extra board on the
day in which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
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Policy, Addendum I.
Fourth offense - Two day suspension or a two hundred dollar ($200)
fine to be determined at the discretion of the Bus
Driver, in addition to which the Bus Driver shall be
placed at the bottom of the extra board on the day in
which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Fifth offense - Ten day suspension or a seven hundred fifty dollar
($750) fine to be determined at the discretion of the
department, in addition to which the Bus Driver shall
be placed at the bottom of the extra board on the day
in which the miss-out occurs at the Bus Driver’s
regular/base rate of pay or, at the discretion of FAX,
sent home. A Bus Driver who is sent home has the
option of using vacation leave, compensatory time off,
or leave without pay. However, this option will be
nullified when a Bus Driver is sent home, but is
scheduled to return later in the day, and fails to report
for any reason. Such failure to report to work will be
considered an absence without pay and will be
processed as an incident under the Attendance
Policy, Addendum I.
Sixth offense - The Bus Driver may be dismissed or other such
disciplinary action as may be appropriate, in addition
to which the Bus Driver shall be placed at the bottom
of the extra board on the day in which the miss-out
occurs at the Bus Driver’s regular/base rate of pay or,
at the discretion of FAX, sent home. A Bus Driver who
is sent home has the option of using vacation leave,
compensatory time off, or leave without pay.
However, this option will be nullified when a Bus
Driver is sent home, but is scheduled to return later in
the day, and fails to report for any reason. Such
failure to report to work will be considered an absence
without pay and will be processed as an incident
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under the Attendance Policy, Addendum I.
4. Any Bus Driver who fails to sign on by the scheduled sign on time and
who fails to call FAX shall be considered on unauthorized leave and
subject to disciplinary action, unless the Bus Driver was prevented from
signing on and/or calling the Division by circumstances beyond the Bus
Driver’s control, as determined by the Transit General Manager Director
of Transportation or designee.
5. The Transit General Manager Director of Transportation or designee
may, in the Director’s or designee’s manager’s exclusive discretion, find
that good cause exists for the miss-out and that a Bus Driver should not
be considered late, provided that the Bus Driver makes a written or
documented oral request for such consideration within 72 hours of the
miss-out. The Transit General Manager Director of Transportation or
designee shall respond to such a request within ten (10) work days.
Should the miss-out be excused, the Bus Driver may, with the approval of
the Transit General Manager Director of Transportation or designee,
take earned vacation or sick leave, as appropriate, for the day of the
miss-out.
C. USE OF VIDEO IN DISCIPLINE
The Union agrees that the City has a legitimate interest in the use of video
surveillance cameras, for purposes related to safety and security of employees,
City property, and the public.
The City agrees to provide advance notice before any additional surveillance
cameras are installed in areas in which bargaining unit employees work.
The parties further agree that the information obtained by use of such cameras
may be used for the purpose of addressing safety violations, criminal conduct, or
conduct in violation of established City policies. The information obtained by the
use of cameras will not be used for performance evaluations, nor will the
information be used for the purposes of initiating corrective action unless such
action is based on safety violations, or the commission of criminal acts; or, for
corrective action for established City policies when there is a triggering incident
such as a complaint, an inquiry, a claim for damages, or an accident.
In the event that disciplinary action is proposed consistent with this Agreement,
the City agrees to share the information obtained by the use of the surveillance
camera(s) with the employee or with a representative of ATU Local 1027, if so
requested by the employee or his/her representative in writing.
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ARTICLE VIII
FAX RULES AND REGULATIONS
These rules are included herein for informational purposes only, and in no way shall
they infringe upon the City's rights as specified in Article III. Included herein by
reference is the Department's Guidelines Instruction for Bus Drivers as they may be
amended from time to time, after consultation with ATU.
A. DEFINITIONS
1. The following words or phrases wherever used in this Article shall have
the following meaning unless a different meaning is clearly required by the
context:
a. "Applicable Hourly Rate" is the rate of pay, whether regular/base
rate or time and one-half, which applies to the work in question.
b. "Deadhead Time" is time spent driving the bus to or from the
Transit yard or between routes when the bus and the Bus Driver
are not in revenue service. This time is included in the platform
time.
c. " Transit General Manager Director of Transportation" shall mean
the person in charge of FAX and shall include those persons
designated to act in the Transit General Manager’s Director of
Transportation’s behalf (e.g., Transit Operations
Manager, Transit Maintenance Fleet Manager, etc.).
d. "Driving Time" is the elapsed time from departure of a bus from the
garage or time of take over on relief to the time when the bus is
returned to the garage or surrendered to a relief Bus Driver.
e. "Extra Board" is the procedure by which extra Bus Drivers are
assigned to fill open regularly scheduled runs for any cause or work
assignment other than regular runs.
f. "Extra Board Driver" is a Bus Driver who through seniority has
elected to have work assignments made through the extra board or
who through seniority has been assigned to the extra board, and
who for purposes of overtime work, is still an extra board driver on
scheduled day off.
g. "Fill" is a scheduled or unscheduled piece of work that is usually
assigned to and worked by an extra board Bus Driver, or a regular
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Bus Driver when the need arises, and may be worked as an extra
or additional piece of work.
h. "Hold Down" is a regularly assigned piece of work performed by an
extra board Bus Driver when a regularly scheduled run becomes
vacant or during the term of absence of the regular Bus Driver who
is unable to perform the regularly scheduled run for five or more
consecutive work days or 4-10 work schedule.
i. "Holiday Schedule" is a regular schedule having a reduced number
of runs due to a declared holiday or as established by the Transit
General Manager Director of Transportation when transit service
demands will be at a reduced level.
j. "Light Duty" is work other than driving that may be assigned to a
Bus Driver or Student Driver by the Transit General Manager
Director of Transportation or designee in the event the Bus
Driver is incapable of driving due to medical disability caused by an
on-the-job injury.
k. "Mark Down" is the process in which the Transit General Manager
Director of Transportation or designee may cause a correction
or modification of a past sign-up by allowing only those Bus Drivers
that may be affected to bid in accordance with their seniority on the
open regularly scheduled run or open extra board position as may
be caused by the correction or modification.
l. "Mark Up" is the process by which a Bus Driver who did not pickup
or was not assigned a run may bump Bus Drivers with less seniority
already assigned.
m. "Miss-Out" shall mean a failure by a Bus Driver to report for duty
and sign on within one minute of the designated sign on time.
n. "Pay Time" is the actual time paid to a Bus Driver or Student
Driver at the regular/base monthly or hourly rate for time worked.
o. "Platform Instructor" is a Bus Driver temporarily assigned from a list
of qualified Bus Drivers approved by the Transit General Manager
Director of Transportation or designee based on the Bus
Driver’s accident record, complaints, sick leave, disciplinary
actions, and work record for the performance of special
instructional service of one or more Student Bus Drivers or the
retraining of Bus Drivers.
p. "Platform Time" is the amount of time that Bus Drivers spend
driving a bus on a scheduled or unscheduled run.
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q. "Pull In Time" is the time that Bus Drivers properly park the bus in
the transit parking lot; reflected on the run guide.
r. "Pullout Time" is the exact time the Bus Driver is scheduled to pull
out of the transit yard as printed on the run guide under the heading
of "Out" and indicated in the Block Paddle.
s. “Recovery Time” or “Layover” is that portion of the regularly
scheduled run at a point designated by the Transit General
Manager Director of Transportation or designee that will allow
the Bus Driver the opportunity for a rest break if the run is on
schedule. It is intended primarily, however, to provide the Bus
Driver the opportunity to regain regularly scheduled time points
during periods when traffic conditions, congestion, loading, etc.,
cause the run to fall behind the scheduled points. Recovery time
shall not be used to extend the line.
t. "Regular Driver" is a Bus Driver who has seniority to bid and does
bid a regularly scheduled run or work assignment. A regular driver
working on a day off is not to be considered an extra board driver
for rotation purposes.
u. "Regular/Base Hourly Rate" shall be the equivalent of the base
monthly salary for Bus a Driver, as provided in this MOU, multiplied
by 12 months then divided by 2,080 hours.
v. "Regularly Scheduled Run" shall mean a daily work assignment
that is of not less than eight (8) hours pay time which is included by
the Transit General Manager Director of Transportation or
designee in a posted breakdown of operating schedules and which
contains regular working time and regular pay time. It may be made
up of regularly occurring pieces of work which when combined,
constitute eight (8) hours or more pay time.
w. "Relief Time" or "Travel Time" for Bus Drivers, not including charter
special service Bus Drivers, is the elapsed time between the Bus
Driver’s pull out time and actual commencement of scheduled work
or from the Bus Driver’s relief point, or end of the Bus Driver’s
scheduled work to the garage. (Travel time to a relief point shall
include adequate time for relieving the Bus Driver to perform a brief
safety check of the equipment.)
x. "Report Time" is that period of time between sign-on time and pull
out time when the Bus a Driver shall gather supplies pertinent to
this work and make a "Determination of Equipment Condition" as
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required by Title 13, California Highway Patrol, Motor Carrier Safety
Regulations.
y. "Sign-on Time" is the time at which a Bus Driver is to be on duty as
determined and posted on the run break-down sheets and daily
sign-on sheets.
z. "Sign-up" is that process by which the Transit General Manager
Director of Transportation or designee will provide a listing of
regularly scheduled runs for which the Bus Drivers may bid by
seniority for their work assignments as specified in other
provisions in the MOU.
aa. "Split Shift" is a regularly scheduled run having a break in driving
time: provided however, that a break in driving time of less than
one-half hour shall not be considered a split shift and shall be paid
as time worked.
bb. "Spread Time" for a Bus Driver is the total elapsed time from "sign
on" on the Bus Driver’s first run of a day to the time of completion of
the Bus Driver’s last run operated on the same day.
cc. "Squawk Card" is the form used by a Bus Driver to provide
information to the maintenance supervisor that the equipment that
the Bus Driver is operating requires corrective maintenance.
dd. "Standby Bus Driver" is 1) an extra board Bus Driver, day off Bus
Driver or regular Bus Driver scheduled to report at a specific time to
protect the extra board for possible substitution in the event another
Bus Driver fails to report as assigned; 2) an extra board Bus Driver
that may be assigned to stand by when their previously assigned
run for the day is filled by the regularly assigned Bus Driver. When
this occurs that Bus Driver shall be paid either the amount of work
time originally scheduled or the time actually worked, whichever is
greater; or, 3) a regular Bus Driver that may be assigned to
standby when any portion of their regular assignment is not
available.
ee. "Student Driver" is a trainee employee who will not achieve
permanent status as a trainee, and who must be trained and
instructed on all lines and bus equipment of the system until in the
opinion of the Transit General Manager Director of
Transportation or designee the trainee employee is capable of
performing the duties of a regular or extra board Bus Driver.
ff. "Temporary Vacancy" is a run or shift vacated temporarily through
illness, industrial injury, leave of absence, suspension or vacation.
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gg. "Time Point" is the time when a Bus Driver is due to depart a
specific location while performing a work assignment as shown on
the Bus Driver’s printed schedules for Transit service.
gg. "Transit General Manager" shall mean the person in charge of FAX
and shall include those persons designated to act in the Transit
General Manager’s behalf (e.g., Operations Manager, Transit
Maintenance Manager, etc.).
hh. "Travel Time" for charter special service Bus Drivers is the
elapsed time from the garage to the point of pick-up or the time
from the charter special service release point to the garage for
regular Bus Drivers. (See the definition of "Report Time", above.)
ii. "Tripper" is a regularly occurring piece of work less than four (4)
hours not incorporated into a regular run which may be bid by
regular Bus Drivers, Permanent Part Time Bus Drivers or assigned
to the extra board.
jj. "Work Assignment" may be pieces of work, fills, charters special
service, or replacement work as necessary to be assigned in order
to accomplish all work for the day, or other duties assigned. Other
duties would not include refueling vehicles or restocking of
schedules and transfers. Bus Drivers may be assigned work
including telephone answering, public relations, transport of other
Bus Drivers, coach preparation, radio operation, passenger counts,
road calls, training and conference meetings.
kk. "Vacancy" is a run or shift permanently vacated due to retirement,
resignation or termination from City service.
ll. "Vacation Block" is a minimum of (5) five or more consecutive Bus
Driver work days, exclusive of scheduled days off.
mm. “G.P.S.” is a global positioning satellite system which will not serve
as the sole basis for disciplinary action. Any alleged schedule
adherence violation must be supported by at least two (2) verifiable
sources such as, but not limited to, GPS, video, or supervisor
observation in order for FAX to take any corrective action. A
complaint by a member of the public may be used to initiate an
investigation, but will not be used as one of the verifiable sources.
nn. “Rest Break” is defined as employees who work at least 3.5 hours
in a day, excluding standby, will be entitled to a five (5) minute
break. Employees who are assigned at least 7 hours of work in a
day, excluding standby, will be entitled to two breaks of five (5)
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minutes duration. A break is defined as time the bus is parked
along the route, or at the end of the line (including any layover point
on a looped route turn around) where a driver has the option to
secure the bus, get out of the seat, and/or use a nearby facility for
food, or shelter with or without passengers on board. Time at the
downtown station stops (Shelters A, B and L) or at Manchester
Center will not be counted towards break time.
B. ASSIGNMENTS AND PAY TIME
1. Bus Drivers shall select their assignment to regularly scheduled runs and
regularly scheduled trippers, or to work from the extra board, on the basis
of seniority. Bus Drivers without sufficient seniority to qualify for regularly
scheduled runs shall be assigned to the extra board. Not more than 25
trippers may be reserved for PPT Bus Drivers who shall bid among
themselves for such trippers. Driving assignments selected or assigned
shall not exceed state and federal driving statutes/requirements. The City
and ATU may agree upon rules and regulations regarding a four ten-hour
day work schedule. At the request of ATU, FAX agrees to maintain a
minimum of 14 midday runs (i.e., runs with sign-on times beginning at
7:00 a.m. and ending no later than 12:00 p.m.), which have Saturday and
Sunday as the days off; however, the City retains the right to set levels of
service, which if reduced, the City agrees to meet and confer solely on the
effects of such a reduction.
2. A regular Bus Driver may be relieved from an assignment so as to provide
an eight (8) hour rest period if said assignment would preclude the Bus
Driver from assuming the next day’s regular scheduled work, provided that
the relief is not made more than nine (9) hours prior to the commencement
of the next day’s assignment. In the event the Bus Driver is not relieved,
the Bus Driver will assume his their next regular day’s assignment as
soon as the Bus Driver is legal to drive. Such an assignment will not result
in a reduction in the amount of pay time for that day.
3. The City shall pay overtime to its regular Bus Drivers as follows:
a. For work performed in excess of eight (8) hours in one day, one
and one-half (1 1/2) times the regular/base hourly rate.
b. For work voluntarily performed on any regularly scheduled day off,
one and one-half (1 1/2) times the regular/base hourly rate, except
that, on any given work week, a Bus Driver who has not had forty
(40) hours of actual work time and has not been available for work
on the Bus Driver’s regular work day for any reason other than an
approved leave (i.e., leave time pre-arranged, approved, and
authorized) shall be paid at straight time for work voluntarily
performed on a regularly scheduled day off. For purposes of this
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provision, union business shall be considered approved leave. The
Bus Driver shall be eligible for overtime if forced to work by the
Department or has worked over forty hours in a work week.
c. For work performed in excess of a 12-hour spread on a regularly
assigned split run, one and one-half (1 1/2) times the regular/base
hourly rate. The City will make a reasonable effort to eliminate the
number of runs with spread times of 13 hours or more. Bus Drivers
with spread runs greater than 13 hours will be compensated at
double the regular/base hourly rate for work performed in excess of
13 hours. However, the compensation received under this
subsection shall not be applicable to regular Bus Drivers who
selected (i.e., during the sign-up process) “trippers” as part of their
regular work assignment.
d. Except for absences due to injury on the job, time off (e.g., non-
productive hours such as miss-outs, vacation, sick leave, doctor’s
appointments, etc.) shall not count toward the calculation of daily
overtime.
e. There shall be no "pyramiding" of overtime or other premiums.
"Pyramiding" shall refer to the times when multiple qualifications for
overtime or other premiums exist.
f. Bus Drivers who are unable to work the day immediately preceding
their regularly scheduled days off for any reason, excluding union
business, may be precluded from working their days off.
4. The City shall pay overtime to its extra board Bus Drivers as follows:
a. For work performed in excess of eight (8) hours in one day, one
and one-half (1 1/2) times the regular/base hourly rate, provided the
guarantee requirement in Article VIII, subsection paragraph C.3.,
Guarantee, (MOU page 35) below has been met.
b. For work voluntarily performed on any regularly scheduled day off,
one and one-half (1 1/2) times the regular/base hourly rate, except
that, on any given work week, a Bus Driver who has not had forty
(40) hours of actual work time and has not been available for work
on the Bus Driver’s regular work day for any reason other than an
approved leave (i.e., leave time pre-arranged, approved, and
authorized) shall be paid at straight time for work voluntarily
performed on a regularly scheduled day off. For purposes of this
provision, union business shall be considered approved leave. The
Bus Driver shall be eligible for overtime if forced to work by the
Department or has worked over forty hours in a work week.
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c. For work performed in excess of a 12-hour spread one and one-half
(1 1/2) times the regular/base hourly rate. (It is expressly
understood that an extra board Bus Driver is required to accept the
“tripper” that is part of the regular Bus Driver’s bid.
d. Except for absences due to injury on the job, time off (e.g., non-
productive hours such as miss-outs, vacation, sick leave, doctor’s
appointments, etc.) shall not count toward the calculation of daily
overtime.
e. Bus Drivers who are unable to work the day immediately preceding
their regularly scheduled days off for any reason, excluding union
business, may be precluded from working their days off.
5. Standby time shall be paid at the applicable hourly rate, and for the
purpose of computing overtime, shall be included in the total number of
hours worked in the pay period in which the standby time occurs.
6. Layover time shall be paid for at the applicable hourly rate, and for the
purpose of computing overtime, shall be included for round-trip charters
special service runs less than 100 road miles from the garage.
7. a. A Bus Driver called back to work after completing work
assignments for the day and having left the property or on a day not
scheduled to work, will be paid for the actual time worked or for two
(2) hours, whichever is greater. A Bus Driver called into work may
be assigned one or more pieces of work for that day, however the
two (2) hour minimum will apply only once for that day.
b. A Bus Driver called in to work before the Bus Driver’s initial regular
work assignment for the day shall be paid a minimum of two (2)
hours or for actual work, whichever is greater.
8. Report back refers to a standby Bus Driver who during the course of the
day is released from duty, and directed to return later that same day. FAX
will limit the number of report backs to no more than three (3) occurrences
in a day, which includes the initial standby assignment for the same day.
In the event FAX requests a fourth report back, the standby Bus Driver will
have the right to refuse. If the standby Bus Driver chooses to accept the
fourth report back request, the standby Bus Driver will receive the
applicable regular/base rate of pay for actual hours worked, plus all
applicable premiums. In the event the standby Bus Driver refuses to
accept the fourth report back request, FAX may, at its discretion, place the
standby Bus Driver on standby, and assign the standby Bus Driver to the
assignment that was the subject of the fourth report back.
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In the event the fourth report back assignment is changed through no fault
on the part of the standby Bus Driver, the standby Bus Driver will be paid
the applicable regular/base rate of pay for the number of hours of the
fourth report back assignment, or the number of hours actually worked,
whichever is greater.
9. Each Bus Driver assigned to duty as a Platform Instructor of a Student
Driver shall be paid for one hour at straight time in addition to scheduled
hours, for each full shift worked as a Platform Instructor, regardless of the
number of students instructed. Such one hour shall not be considered as
time worked nor for calculation of any overtime due, nor shall it be
considered as a part of the "guarantee" for an extra board Bus Driver. A
list of Bus Drivers eligible for instructor duty shall be kept by FAX and
instructor duty shall be equitably assigned, consistent with the needs of
the service.
10. Notwithstanding any other provision of this MOU, a Bus Driver assigned to
a round trip charters special service run in connection with emergency
duty with fire, police, armed forces, etc., shall be paid at the applicable
hourly rate for all driving time and at straight time hourly rate for any other
compensable time.
11. Any Bus Driver required to take a City-ordered physical examination (not
including D.M.V. required physical) shall be compensated at the
applicable hourly rate for the time actually required to take the
examination.
12. The number of regularly scheduled split runs shall not exceed 46% of the
total number of regularly scheduled runs, calculated on a weekly basis.
13. Any Bus Driver who is assigned to perform work normally performed by an
employee in a lower class due to injury, illness, light duty or other reason,
shall be paid at the Bus Driver's rate of pay subject to the provisions of
Article IX, Section B. Pay for provisional appointments and acting pay
shall be governed by the applicable provisions of the FMC and salary
resolution.
14. Whenever a regular run includes a scheduled coach pull-in, five (5)
minutes sign-off time will be included in the pay time. Whenever a regular
run includes an in-service relief, five (5) minutes sign-on time will be
included in the pay time.
15. A Bus Driver assigned to training will be paid for actual hours spent in
training plus any time worked that day. Bus Drivers paid for eight (8) hours
training may be given additional work at the discretion of the dispatcher.
C. EXTRA BOARD
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1. Assignment of Work From the Extra Board
This procedure defines the method by which extra board personnel are
assigned to the board and the procedure to be followed in assigning work
to extra board Bus Drivers.
a. Assignment to the Board
(1) Bus Drivers shall bid for extra board positions at each sign
up in order of seniority.
(2) Extra board Bus Drivers shall have two regularly scheduled
days off per week. Extra board days off shall be determined
by the needs of the system and bid on by extra board Bus
Drivers in order of their board seniority. Split days off will be
kept to a minimum.
b. Assignment of Work Hours
(1) Extra board Bus Drivers on days off shall have first choice of
available day off work or first right of refusal of available day
off work. However, if no Bus Driver accepts the offer of extra
work, the least senior extra board day off Bus Driver will be
assigned. In the event extra board Bus Drivers have been
exhausted, any Bus Driver, in inverse seniority, shall be
assigned that work to meet the needs of the system. (See
Article VIII C. 1. c. (3) (e).)
(2) Should there be no extra board Bus Driver available for extra
work or unfilled work, a regular Bus Driver shall be assigned
to meet the needs of the system. However, on the day of
work, should a piece of work become available one hour
prior to sign on time and there are no standby Bus Drivers or
working extra board Bus Drivers available, any Bus Driver
who is available may be used to meet the needs of the
system.
(3) All Bus Drivers, except extra board Bus Drivers, desiring
work on their days off will indicate so by signing the extra
work list provided at each sign up.
(4) All regular Bus Drivers desiring extra work on their
scheduled work days will indicate so by signing the extra
work list provided at each sign up.
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(5) All extra board Bus Drivers desiring to work on their
scheduled days off will indicate so by signing the extra board
days off weekly overtime selection form.
(6) Extra board Bus Drivers may drive any combination of
regular runs, details or any other duty provided such an
assignment will not violate California Highway Patrol Rules
and Regulations.
(7) If a Bus Driver is unable to report to work as assigned due to
the previous day’s assignment, the Bus Driver will be placed
in the proper rotation of standby when legal to drive. If two or
more Bus Drivers are legal to drive at the same time,
standby order will be determined according to the position on
the extra board rotation order for that day.
c. Work Assignments: Day Before Operating Day
(1) The rotation line shall be established above the first Bus
Driver with the greatest seniority at each sign up. The
rotation line shall move two (2) positions down the board for
each day of service. This rotation rate may be changed by
mutual agreement. This number shall include the positions of
Bus Drivers who are on days off, on sick leave, vacation
days, suspensions, hold downs, or not working for any
reason. It is expressly understood that an extra board Bus
Driver is required to accept the tripper that is part of the
regular Bus Driver’s bid.
(2) (a) The posting of daily assignments shall be
accomplished no later than 3:00 p.m. the day before
the work is performed. Extra board Bus Drivers shall
call in after 4:00 p.m. to ascertain their assignment for
the next day. Whenever assignments must be
changed after 4:00 p.m., FAX shall notify all affected
Bus Drivers.
(b) Mis-assignments may be corrected by 4:00 p.m. After
that time, FAX has the option of paying for the error
under Section C. 2. (e) below, or of changing the
assignments and notifying all Bus Drivers affected. A
Bus Driver who discovers an error in the Board should
bring that error to the attention of the supervisor on
duty responsible for the Board as soon as the error is
discovered.
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(c) Any other work becoming available after the Board is
posted, regardless of the time, shall be treated as a fill
and shall be assigned to a standby Bus Driver on the
day of work.
(d) ATU shall be furnished a copy of the first daily
assignment sheet, then the finished copy if revised, to
include corrections to mis-assignments.
(e) Any Bus Driver who is assigned work not consistent
with the terms and conditions of the MOU shall be
paid for the work the Bus Driver should have
performed, subject to the following:
(i) Only the first Bus Driver originally mis-assigned
shall be compensated.
(ii) Pay shall be only at the regular/base hourly
rate, which shall count towards weekly
overtime.
(iii) For a mis-assignment of day off work, the Bus
Driver will be paid for the actual hours mis-
assigned, in increments of one-tenth of an
hour, or four (4) hours, whichever is less at the
regular/base hourly rate. This shall be the full
compensation for a mis-assignment of day off
work.
(iv) Payment for a mis-assignment must be
requested within seven (7) calendar days from
the date the assignment in dispute was posted.
If payment is requested within seven (7)
calendar days, the department shall have
fourteen (14) calendar days from receipt of the
request to provide a response to the dispute. If
the department fails to respond to the dispute
or denies the payment within the fourteen (14)
calendar days, the Bus Driver must utilize the
grievance procedure for any payment due to a
mis-assignment. The time for submitting such a
grievance, if necessary, will commence on the
date the department’s response is delivered to
the driver or on the fourteenth (14th) day,
whichever is sooner.
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(f) If ATU or a Bus Driver alleges that an error in
assignment has been made, the Bus Driver shall work
the assignment and may grieve the assignment
afterwards as described in (iv), above.
(g) Changing of the extra board rules may be made by
mutual agreement of both parties.
(3) FAX retains the exclusive right to determine combinations of
work for the extra board based upon the needs of the
system. This procedure defines the method by which extra
board personnel are assigned to the board and the
procedure to be followed in assigning work to extra board
Bus Drivers.
(a) Extra board work will be assigned daily from the
rotation line down the board in the following manner:
(i) Available daylight runs, with most hours first,
available midday runs with most hours second,
available night runs with most hours third,
available split runs, with most hours fourth.
(ii) Combinations of work totaling as close to eight
(8) hours as practicable, but not less than
seven (7) hours, combinations of work with
most hours will be assigned first.
Combinations of work are not regular runs and
details, but pieces of work other than regularly
scheduled runs. They can be a combination of
details, fills, etc.
Details not assigned may be added to regularly
scheduled runs worked by extra board Bus
Drivers, as needed on a most pay time basis.
(iii) Standby assignment for regular extra board
Bus Drivers (total number determined when all
other work is assigned).
(iv) Details, Trippers and Fills less than seven (7)
hours with most hours first.
(v) Assignments of equal hours with earliest sign-
off first.
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(b) Bus Drivers who volunteered to work overtime will be
assigned in the following order:
1st - Extra board Bus Drivers on their day off.
2nd - Extra board Bus Drivers on hold downs on their
days off.
3rd - Regular Bus Drivers who signed up for
overtime on their regular work day.
4th - Regular Bus Drivers who signed up for
overtime on their days off.
5th - Bus Drivers who volunteer to work while on
vacation, in the order of seniority, subject to the
provisions of Article VIII, D.2.I..
(c) Bus Drivers who volunteered for overtime work on
days off must notify the dispatcher by 10:00 a.m. the
day before their days off, of their intent to refuse any
extra work. Any extra time refused by regular Bus
Drivers will be documented and tracked as red time
as if it were actually worked.
(d) Bus Drivers not working on their sixth day, but
working on their seventh day, must be contacted by
dispatch before being assigned any work. Dispatch
must contact the Bus Driver in person or in person by
phone (telephone answering machines or third parties
do not constitute contacting the Bus Driver).
(e) No extra board or regular driver will be forced to work
on their seventh day. For purposes of forced work, the
seventh day will be the drivers second scheduled day
off (i.e., drivers that have Sundays and Mondays as
days off, Monday will be considered the seventh day).
If a driver is to be forced to work on their sixth day,
dispatch must contact the bus driver in person or by
phone (telephone answering machines or third parties
do not constitute contacting the bus driver).
(f) Any Bus Driver forced to work on their sixth day will
be notified by 4:00 p.m., or earlier, the day the extra
board is posted.
d. Work Assignments: The Day of Operation
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(1) Should a piece of work become available on the day of
operation and there are no standby Bus Drivers or any
scheduled to report prior to sign on time, work will be
assigned in the following order, except as provided for in
Article VIII C.1.b.(2) and Article VIII C.1.c.(3)(e):
1st - Extra board Bus Drivers on their regular work day,
including those Bus Drivers assigned to a hold down.
2nd - Extra board Bus Drivers on a day off who signed up
for overtime.
3rd - Extra board Bus Drivers on hold downs on days off
who signed up for overtime.
4th - Regular Bus Drivers who signed up for overtime on
their regular work day.
5th - Regular Bus Drivers on days off who signed up for
overtime.
6th - Bus Drivers who volunteer to work while on vacation,
in the order of seniority.
7th - Regular Bus Driver on a regular work day that did not
sign up for overtime when it becomes necessary to
maintain the service.
8th - Extra board Bus Drivers on a day off who did not
volunteer for overtime with the least seniority.
9th - Regular Bus Driver on a day off who did not volunteer
for overtime with least seniority.
(2) In the event there are two or more Bus Drivers standing by,
the first Bus Driver shall take the assignment that signs on
first (first up, first out). However, if two assignments sign on
at the same time, the first Bus Driver will take the
assignment which contains the most number of hours. If the
assignments are of equal pay time, the first Bus Driver will
take the assignment with the earliest sign off time. If standby
extra board Bus Drivers are to be cut off (released), such cut
offs shall be from first sign on time. However, if standby Bus
Drivers sign on at the same time, release will be from the
bottom of the list.
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2. Hold Down Work Assignments
a. When it becomes known that a regular run will be open for a period
of five (5) or more working days or 4-10 work schedule the run will
be designated a hold down. Such open runs shall be made
available to extra board Bus Drivers on a seniority basis. Hold
downs will be posted for bidding for three work days following the
day of posting. Bidding cutoff will be at 8:00 P.M. and hold downs
will be assigned on the day prior to the extra board being
completed. Such assignment shall last for the dates originally
posted or until such time as the regular Bus Driver returns or the
next sign-up.
b. Bus Drivers working hold downs, will assume the days off of the
hold down.
c. (1) A hold down will not start until the Bus Driver has
actually worked the hold down; i.e., pulled out the bus. If the
Bus Driver assigned the hold down fails to pull out the run on
the first day (except as provided in c. (2) or c.(3) below, the
hold down will be assigned to the next Bus Driver in seniority
who bid the hold down providing the hold down lasts for at
least five (5) more working days or 4-10 work schedule.
However, if the piece of work lasts for only four (4) more
working days, it will be filled day by day off the extra board in
the normal rotation and not be considered a hold down.
(2) Notwithstanding c. (1) above, a Bus Driver that bids a hold
down who fails to pull out the run on the first day only, due to
vacation, City business, union business, jury duty, sick
leave, medical appointment, military leave, or state and
federal mandates, shall retain the hold down. Failure to pull
out the run on the first day of the run for any other reasons
shall result in loss of the hold down. Missing the first two
days of the hold down shall result in the loss of the hold
down, regardless of the reason for the absence. Bus Drivers
who have been absent 40 hours or more when the hold
down is scheduled to start will not be forced on the hold
down on their first regular day of work. However, if there are
five (5) or more days or 4-10 work schedule left on the hold
down, the next available least senior Bus Driver returning
from an absence will be assigned that hold down. With the
exception of the condition above, Bus Drivers forced on hold
downs will not lose the hold down.
(3) An Extra Board Bus Driver who is successful in bidding or
forced on a hold down assignment will not report to work
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until such time that the Bus Driver is legal to drive. Upon
reporting to work, the Bus Driver will then be given the hold
down assignment. After completing the hold down
assignment for the first day, if the driver has not worked at
least eight hours for the day, the dispatch supervisor may
assign the driver, according to Article VIII, C., 1, d., (1) or if
determined by the dispatcher supervisor that the extra board
driver is not needed, the extra board driver shall be released
from any further work for the day and will be paid the
guaranteed eight (8) hours.
d. In the event no Bus Driver bids the hold down (or no other Bus
Driver has bid the run in the situation described in c. [1] above), it
shall be assigned to the extra board Bus Driver with the least
seniority. The assignment shall be for the dates originally posted or
until such time as the regular Bus Driver returns or the next sign up
or markdown which-ever occurs first. A hold down may be
reassigned to the same Bus Driver if the Bus Driver is still least in
seniority.
e. Forced hold downs with indefinite ending dates, shall expire on the
last day of each month and will be re-posted to be effective the first
working day of the following month.
3. Guarantee
Each extra-board Bus Driver shall be guaranteed pay equivalent to eight
(8) hours at the regular/base rate of pay on each of the Bus Driver’s
regular work days, provided the Bus Driver actually works all of their
assignment(s) for that day.
D. GENERAL RULES FOR ALL BUS DRIVERS AND STUDENT DRIVERS
1. Sign-Ups
a. Upon implementation of a two week pay period, sign-ups will be
adjusted to coincide with the biweekly pay periods. There shall be
five complete sign-ups per year:
(1) January
(2) March
(3) June
(4) August
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(5) November
b. If it becomes necessary to have an emergency sign-up, the above
sign-ups will still be held, unless an emergency sign-up was held
within thirty (30) days of scheduled sign-up. This exception
shall only be invoked once in any rolling twelve (12) month
period.
c. If there is a change in the pay hours in any regularly scheduled run
or bid trippers exceeding fifteen (15) minutes, the Department and
the Union shall meet to determine how the matter will be resolved.
Such resolution may include, but shall not be limited to, providing
alternate work to keep employees whole or reassignments. If the
parties are unable to reach mutual agreement on resolution within
seven (7) calendar days of notice of the change in pay hours, there
shall be a new sign-up or mark down as required to allow seniority
to prevail in the selection of work assignments.
d. FAX will notify the membership thirty (30) days in advance of the
effective date of the next bid sign-up. A sign-up roster shall be
posted ten (10) days prior to the day of a sign-up, except in
emergencies or other instances beyond the control of FAX. A copy
shall be provided to ATU. Bus Drivers may leave a written proxy
with the dispatcher, and the dispatcher and the ATU President or
designee will work jointly to select a run for the Bus Driver
according to the proxy. Choices on the proxy shall be ranked in
numerical order of priority (e.g., 1=first choice, etc.). If the run or
runs specified in the proxy are not available, the run or runs will be
selected by the ATU President or designee. Sign ups will be
conducted over a twelve (12) hour period with the first bid to be
submitted and posted no later than 6:00 a.m. and concluding at
6:00 p.m. Bus Drivers selecting assignments within the first three
(3) hours (6:00 a.m. to 9:00 a.m.) will be allotted fifteen (15)
minutes for the purpose of selecting assignment(s) and then every
twenty-five (25) minutes thereafter.
The ATU President or designee when performing duties in
association with this provision will be considered on City business
during the time the sign-up process is scheduled by the
Department. Such time shall be compensable at the applicable
hourly rate for all hours during and until the bid sign-up is
concluded. However, if the bid sign-up concludes earlier than the
scheduled time, the ATU President or designee shall be assigned
alternative duties to assure no loss of scheduled pay occurs.
The ATU President or designee who is assigned a partial day to
conclude the sign-up process shall be assigned alternative duties,
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at the discretion of the Department, to assure the person is
compensated for no fewer hours than would have been received on
that day if not assigned to the sign up.
The ATU President or designee shall not be scheduled to perform
the bid sign-up process on their scheduled days off.
e. Sign up procedures may be modified by mutual agreement
between the City and ATU.
f. The parties agree to a limited reopener of this MOU on bidding or
assignments to Bus Rapid Transit. The parties shall meet promptly
on request of either the City or the Union. Any changes to this
provision of the MOU require mutual agreement.
2. Annual and Daily Vacation
a. Vacation shall be accrued at the following rates:
less than five (5) years of service, eight (8) hours per month;
between five (5) years and eight (8) years, ten (10) hours per
month; between eight (8) years and twenty (20) years, 11.33; and
more than twenty (20) years, 14.66 hours per month.
b. Daily vacation is that earned vacation (or leave used for vacation
purposes) time off not assigned upon the basis of seniority.
c. Bus Drivers are encouraged to utilize earned leave for vacation
purposes on a scheduled basis.
d. Approval for daily vacation may be granted in minimum increments
of one (1) hour when said vacation will not interfere with the
operations of FAX and when such vacation can be granted without
the necessity of paying undue overtime for replacement personnel.
Daily vacation, when granted, must be on a first come, first serve
basis, except in the event the Transit General Manager Director
of Transportation or designee determines emergency or other
unusual circumstances exist.
e. Daily Vacation Leave - Within ninety (90) to thirty (30) calendar
days advance request, FAX will grant daily vacation leave requests
of five (5) consecutive days or less to the first four (4) Bus Drivers
who request such time.
Before a request will be approved, Bus Drivers must have sufficient
time in their leave bank to cover the requested daily vacation. A
Driver who has sufficient leave when daily vacation is initially
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approved but does not have sufficient leave before the scheduled
leave will be advised that the leave is cancelled. If a Driver is
inadvertently allowed to take the day off when out of leave, an
incident will not be charged. This paragraph will go into effect on
July 6, 2015.
It is expressly understood that the requested daily time of five (5)
consecutive days or less must be taken within ninety (90) calendar
days of said request. Cancellations require four (4) calendar days
advance notice to FAX. FAX shall give four (4) calendar days
advance notice to Bus Drivers of cancellation of daily vacation due
to an emergency. An emergency is defined as circumstances
beyond the control of FAX, and shall not include staffing shortages.
Should the number of Bus Drivers reach 300, daily vacation will be
allowed for the first five (5) Bus Drivers who request such time in
accordance with the same terms herein.
f. Annual vacation shall be bid on the basis of seniority.
g. Annual vacation bids shall start the first Monday in November for
the following calendar year. The vacation calendar listing the Bus
Driver names and seniority numbers will be posted five days prior
to the commencement of the vacation bidding. Vacation sign-ups
will be conducted Monday through Friday until each Bus Driver has
had an opportunity to submit a bid according to the procedure in h.
below.
h. In accordance with seniority, eight (8) Bus Drivers per day, Monday
through Friday, will be scheduled to submit their vacation block bids
by 4:00 p.m. of the scheduled day on a vacation bid form and
awarded according to the Bus Driver’s seniority. Vacation bids will
not be held up for any Bus Driver. Should a Bus Driver submit a
vacation bid after the Bus Driver’s scheduled time period, it shall be
accepted at that time for the vacation time slots available at the
time submitted. In accordance with seniority, Bus Drivers may
submit bids for as many time blocks of vacation that is equal to their
annual accrual, plus thirty percent (30%) of their vacation balance
at the time of the sign up. (Note: Holiday leave is not counted as
annual leave accrual for annual vacation bid, but will be considered
as part of the leave bank for the purpose of determining the
additional 30% of hours that can be bid.) The number of Bus
Drivers allowed on scheduled vacation blocks at any one time
period will be determined by the Operations dispatching
supervisory staff according to manpower requirements.
(1) It is understood that permitting the blocking of vacation in
segments greater than seven (7) consecutive days or more
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which includes two days off may result in the fragmentation
of blocks, in which event Bus Drivers who have yet to make
their vacation selection will need to bid on those remaining
segments in blocks of six (6) consecutive days or less.
(2) All Bus Drivers shall be allowed to sign up for the amount of
annual accrued vacation, except as provided in paragraph
(6), below.
(3) Bus Drivers shall have only one opportunity to select
vacation time, or times, of their choice during the bidding
period. Once all eligible Bus Drivers have exercised their
right to bid on vacation time, there shall be no second time
around to sign-up.
(4) Bus Drivers will be allowed to select any amount of
consecutive vacation days not less than a minimum of seven
(7) consecutive days or more which includes two (2) days off
(example: 5, 6, 7, 8, or 9).
(5) In the event there are no vacation blocks of seven (7)
consecutive day blocks left, which include two (2) days off,
the Bus Drivers may choose any partial blocks left, not to
exceed their annual accrued vacation time. Example: For a
two (2) week accrual, the Bus Driver could pick any blocks
left that add up to ten (10) days.
(6) Additional fragmentation of vacation blocks will be allowed to
enable a Bus Driver to bid all his accrued vacation time for
that year. This will only be allowed if the Bus Driver’s
remaining days do not fit a fragmented vacation block.
(6) Additional fragmentation of vacation blocks will be allowed to
enable a Bus Driver to bid all his accrued vacation time for
that year. This will only be allowed if the Bus Driver’s
remaining days do not fit a fragmented vacation block.
(7) FAX and ATU agree to meet no later than October of each
year during the term of this MOU to review the vacation
procedure. As a result of this meeting, the parties may
mutually agree on modifications to the procedure or to revert
to the vacation bid practice in place in the 1993-96 MOU.
It is the Bus Driver’s responsibility to verify that they have adequate
vacation hours accrued prior to starting any vacations.
i. A Bus Driver may cancel scheduled vacation with seven (7) or
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more calendar days advance notice, and less than seven (7)
calendar days if an emergency as determined by the Transit
General Manager Director of Transportation or designee.
j. When a vacation block has been vacated due to retirement or
termination from employment, it shall be put up for a seniority bid.
When a vacation block has been vacated for any other reason, it
may be put up for a seniority bid. Vacated vacation blocks will be
posted on a vacation bid form for a period of five days and will be
pulled for assignment at 8:00 p.m. on the fifth day. It will be all Bus
Drivers' responsibility to periodically check the posting board for
any pieces of work that may be available or vacations that may be
available.
Bus Drivers desiring to bid on posted vacated vacation blocks must
indicate so by signing on the posted form for the entire vacation
block. This block may be in addition to their already scheduled
vacation providing that they have the time available for both
vacations or they may give up their previously bid vacation and it
will then be considered vacant and may be bid according to the
vacated vacation block procedure.
k. It is each Bus Driver’s responsibility to monitor their vacation
accrual hours. Bus Drivers with less than 20 years of service are
allowed to accrue 340 hours of vacation. Bus Drivers with 20 or
more years of service are allowed to accrue 420 hours. During the
term of this MOU, Bus Drivers who have reached maximum
accrual, and have bid at least two weeks of scheduled vacation,
may request from the department an additional 20% accrual for a
period of 90 days. If the Bus Driver is unable to reduce their
vacation accrual balance by the end of the extension period, the
Bus Driver shall have all excess hours above the maximum accrual
cashed out at the Bus Driver’s regular/base rate of pay.
l. At the discretion of management, Bus Drivers on scheduled
vacation leave may be permitted to work by notifying the
department of their desire to work prior to the beginning of the
scheduled vacation. A Bus Driver who fails to operate a run as a
result of a request to work while on scheduled vacation, will be
subject to any established disciplinary action
m. Exchange of regular scheduled vacation blocks may take place
between drivers by mutual agreement during calendar year that the
vacations were bid. The exchange will be in equal days with a
minimum exchange of seven (7) consecutive days. Notice must be
given within seven (7) or more calendar days of exchange taking
place.
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3. Alternative Workweek Work Schedules
It is expressly understood that the parties have concluded the meet and
confer process on this Subsection.
a. Alternative workweek work schedules may be necessary in order to
provide minimum staffing, and/or based upon the service needs of
the public, and/or other operational efficiency requirements. It is
expressly understood that work assignments are determined and
established by FAX based upon these requirements.
b. If established, Bus Drivers shall select a 5/8 or 4/10 assignment
based on the applicable MOU provisions contained in Article VIII,
D.1., Sign-Ups.
c. The hours for Bus Drivers working a 5/8 will consist of five (5) eight
(8) hour days with two (2) consecutive days off. The hours for Bus
Drivers working a 4/10 will consist of four (4), ten (10) hour days
with three (3) consecutive days off. The number of 4/10
assignments will initially be limited to no more than sixteen (16),
although the number and type of 4/10 assignments can be
expanded by mutual agreement by the parties. Generally, days off
will either be Friday through Sunday or Saturday through Monday,
with no more than five of all 4/10 assignments with consecutive
days off other than those listed in this provision.
d. FAX may discontinue alternative workweek work schedules at any
time if it is determined by management that they detrimentally affect
department operations and services. A thirty (30) day advance
notice will be given in writing to affected Bus Drivers, ATU Local
1027, and the Labor Relations Division. The decision to discontinue
alternative workweek work schedules is neither appealable nor
grievable. If FAX discontinues alternative workweek work
schedules established under this provision, a new sign-up will be
held and Bus Drivers will revert to 5/8 standard/normal workweek
work schedules in accordance with Article VIII, D.1., Sign-Ups.
e. Except as detailed directly below, applicable MOU provisions,
Salary Resolution, FMC, and Administrative Order Sections
concerning alternative workweek work schedules (i.e., 4/10)
limitations on OT, holidays, leave accrual and usage, sick leave
accrual and usage, and night shift premium pay will govern.
(1) OT - Work in excess of ten (10) hours in one (1) day, or on
days off in a workweek shall be compensated at one and
one-half (1 1/2) times the base rate of pay.
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Ten (10) hours of work on a holiday, which is a regular
workday, shall be compensated at normal base pay, plus
eight (8) hours of straight time/base pay for the holiday.
(2) Holidays - Bus Drivers working a 4/10 shall receive 12 11
holidays of eight (8) hours, plus their birthday of eight (8)
hours. Bus Drivers off on a holiday which falls on a regular
workday shall receive eight (8) hours of base pay for the
holiday, and may elect to take two (2) hours vacation or CTO
to provide for a full ten (10) hours of pay, or may elect to
take two (2) hours leave without pay.
(3) Sick Leave - Bus Drivers working a 4/10 shall accumulate
the same number of hours of sick leave per month as under
the 5/8 standard.
(4) Vacation - Bus Drivers working a 4/10 shall accumulate the
same number of vacation hours per month as under the 5/8
standard.
f. In the event FAX decides to discontinue the 4/10 alternative
workweek work schedules, a new sign-up will be held using run-
cuts substantially similar to those in effect at the time this
agreement is ratified. The run-cuts to be bid will include a
percentage of daylight, midday, and night runs, with days off similar
to those in effect at the time this agreement is ratified.
4. Sick Leave
a. Full-time Bus Drivers and Student Drivers shall accrue sick leave
at the rate of eight (8) hours for each completed calendar month of
employment. Effective May 1, 2015, sSick leave shall accumulate
up to a maximum of eight nine hundred (800900)
hours. Employees with leave in excess of six hundred fifty (650)
hours as of implementation of this MOU shall have all leave over
six hundred fifty (650) hours placed in a special bank which may be
used for any purpose sick leave is used.
A supervisor shall have the right to require that a Bus Driver or
Student Driver provide a physician’s health care provider’s
verification of personal illness at any time the supervisor suspects
that the request for sick leave may not be legitimate, unless
prohibited under California Labor Code 233, FMLA/CFRA, or
other protected leave. (See 4.d. for Family Sick Leave
verification.) In the event of a disagreement, the matter will be
referred to the Transit Operations Manager or designee for final
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determination. FAX will provide the Bus Driver or Student Drivers
with a written explanation outlining the reason(s) for said request.
Failure to comply with a request by a supervisor to provide
a physician’s health care provider’s verification of illness will be
grounds for corrective action, up to and including termination.
Health care providers shall be as defined in the Family and
Medical Leave Act (FMLA).
Sick Leave Policy for Fax Bus Operators, P2-3 and P2-4, Doctor’s
Verification, shall no longer apply to members of this Unit.
Attendance Policy, Addendum I, incorporated into this MOU by
reference shall apply, as well as the FMC, City administrative
orders, policies, procedures, rules and regulations concerning sick
leave usage and administration. In the event of any conflict, the
provisions of the Attendance Policy, shall apply.
b. Notwithstanding the provisions in the Attendance Policy, the
following shall apply:
(1) A Bus Driver subject to disciplinary action that results in a
suspension without pay or imposition of a fine shall have the
option to request either the suspension without pay or in lieu
of the suspension, a fine pursuant to FMC Sections 3-280
and 3-281.
(2) Bus Drivers and Student Drivers are encouraged to
schedule all routine medical and/or dental appointments
outside of regular work hours when practical. Routine
medical and/or dental appointments will not be considered
an incident provided the Bus Driver or Student Driver
notifies dispatch before 10:00 a.m. the day prior to the
appointment, written verification of the appointment is
provided upon the Bus Driver’s or Student Driver’s return to
work, and the Bus Driver or Student Driver works a
minimum of four (4) hours on the day in which the
appointment occurred.
The parties acknowledge that there may be situations in
which it will not be reasonable to schedule a doctor’s
appointment that would allow a Bus Driver or Student
Driver to return to work in less than four (4) hours (e.g., Bus
Driver has a 5:00 a.m. sign on time and the doctor does not
schedule appointments until 9:00 a.m.). In those cases in
which notice of the routine medical and/or dental
appointment was given before 10:00 a.m. the day prior to the
appointment, the Bus Driver can request the use of vacation
leave to cover the time between the appointment and the
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sign on time. If approved, this time will be considered as pre-
approved leave and will not be counted as an incident. An
exception to this provision is if multiple doctor’s health care
provider appointments are scheduled for the same day.
All doctor’s health care provider appointments of four (4)
hours or less that are made during work hours without notice
given before 10:00 a.m. the day prior to the appointment, will
be considered an incident unless prohibited under
California Labor Code 233, FMLA/CFRA, or other
protected leave, or the Bus Driver or Student Driver
provides written verification from the treating physician that
the illness/injury was an emergency that required immediate
medical care.
(3) A partial incident is when a Bus Driver reports for work as
required, and remains at work as scheduled for a minimum
of four (4) hours, and for PPTs a minimum of fifty percent
(50%), of their assignment for the day. Two (2) partial
incidents equal one (1) incident in a rolling twelve (12) month
period. If the partial incident continues into the next working
day(s), the Bus Driver shall incur only one (1) incident for the
absence.
(4) In the event a Bus Driver does not return to work following
an approved leave under the Attendance Policy, the Bus
Driver will be charged with an incident. However, the incident
may be submitted to Transit General Manager the Director
of Transportation or designee for review.
c. Appointment cards are not acceptable forms of verification.
d. Full-time Bus Drivers and Student Drivers shall be allowed up to
forty-eight (48) hours of accumulated sick leave per fiscal year for
Protected Sick Leave Family Sick Leave. Family Sick Leave shall
be used only for those purposes defined in the California Labor
Code Section 233. The first three days or twenty-four hours,
whichever is greater, of Protected Sick Leave used by an
employee on or after July 1 of each year shall be considered
leave taken under California Labor Code Section 246.5 (i.e., AB
1522, Healthy Workplace Healthy Family Act of 2014). Use
of Family Protected Sick Leave shall be authorized and recorded
by a department head or designee.
The number of hours used for Family Sick Leave will be applied in
all situations in which the utilization of Family Sick Leave is
requested (e.g., when a Bus Driver is "forced" to work on their
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day(s) off pursuant to the provisions of this MOU.) If the use of
Family Sick Leave includes a doctor’s appointment, a supervisor
shall have the right to require verification from the treating
physician.
A Bus Driver who utilizes Family Sick Leave shall fill out a separate
form attesting to the fact that the use of Family Sick Leave was
made in accordance with the provisions of the California Labor
Code. A Bus Driver who falsifies this information shall be subject to
disciplinary action up to and including immediate termination.
e. Bus Drivers returning from sick or injury pay who fail to notify
Dispatch before 10:00 a.m. the day prior to their return may be
given any available work or sent home, as determined by the
Department.
f. Bus Drivers who are subject to a 6th Incident under the Attendance
Policy will receive a written reprimand and counseling to be
served only by the Transit General Manager Director of
Transportation or designee, or Transit Operations Manager or
designee.
g. The Attendance Policy shall be applied on a rolling twelve month
period. In the application of the Attendance Policy, it is understood
that Section II, paragraph 2, shall be applied to mitigate rather than
increase the applicable disciplinary action.
h. Employees who terminate City employment and return within
one year of such termination will be entitled to reinstatement
of their unused sick leave balances at the time of termination
from City employment, up to a total of 48 hours.
5. Holidays
a. Except as may be modified in this Section, Holidays shall be
governed by FMC Section 3-116.
(1) January 1.
(2) The third Monday in January.
(3) The third Monday in February.
(4) The last Monday in May.
(5) July 4.
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(6) The first Monday in September.
(7) September 9. Effective calendar year 1994, the parties have
agreed that the Day before Christmas will be the holiday in
place of Admissions Day, with FAX's prerogative to operate
at either Saturday or Sunday level service.
(8) November 11.
(9) Thanksgiving Day in November.
(10) The Friday after Thanksgiving Day in November.
(11) December 25.
(12) Bus Driver’s or Student Driver’s Birthday.
Any day or part of a day declared by the Council, ordinance or
resolution, to be a holiday.
c. All Bus Drivers and Student Drivers will receive eight (8) hours
compensation for the above holidays with the following exceptions:
(1) Work performed on a holiday which is a scheduled work day,
a Bus Driver or Student Driver shall receive regular salary
plus the applicable hourly rate for the hours worked on that
day.
(2) When a holiday falls on a regularly scheduled day off, Bus
Drivers and Student Drivers in this unit will receive (8)
hours of holiday leave.
(3) Bus Drivers and Student Drivers who are called in or
scheduled to work a holiday, which is their regularly
scheduled day off, will be compensated at time and one-half
for a minimum of two hours or, for actual hours worked,
whichever is higher.
(4) Bus Drivers and Student Drivers who are on leave without
pay prior to a holiday will not receive compensation or leave
for the holiday unless they actually work the holiday.
(5) Bus Drivers and Student Drivers will be credited with eight
hours of vacation in recognition of their birthday.
(6) Holiday leave may be used for the same purpose and in the
same way as approved vacation except as noted in (7) and
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(8) below.
(7) Employees may request payment and be compensated for
up to 48 hours or 25% of their holiday leave balance,
whichever is greater, each fiscal year during the term of this
MOU.
(7) Effective October 29, 2018, all Holiday Leave will be
placed in a special Holiday Leave bank which shall not
be subject to the provisions of subsection (8) below.
Employees can cash out up to 48 hours or up to 25% of
their balance of the Special Holiday Leave bank,
whichever is greater, each fiscal year between July 1st
and December 30th. Any Special Holiday Leave balance
will be cashed out upon leaving City service.
(8) Holiday Leave will be accrued until it reaches forty-eight
(48) hours. Upon reaching the Holiday Leave bank cap,
all additional Holiday Leave earned will be cashed out
unless and until the Holiday Leave bank balance falls
below the cap. Any Holiday Leave balance for Bus
Drivers or Student Drivers leaving City service will be
cashed out. Holiday Leave may be taken in accordance
with Section 5. c. (6) or may be cashed out at any time.
(9) Holiday Leave and Special Holiday Leave is not counted
as annual leave accrual for annual vacation bid, but will be
considered as part of the leave bank for the purpose of
determining the additional 30% of hours that can be bid.
6. Employee Incentive Time Off
Employees whose actual regular hours worked (i.e., hours actually
worked) and paid City observed holidays during a measurement
period are equal to or greater than 430 hours but less than 440
hours, will receive 4 hours of Employee Incentive Time Off.
Employees whose actual regular hours and paid City observed
holidays worked during a measurement period are at least for 440
hours or more up to 480 hours, will receive 8 hours of Employee
Incentive Time Off.
Employees may accrue up to 80 hours of Employee Incentive Time
Off and may use the time as soon as it is earned upon approval of
the employee’s immediate supervisor. Any Employee Incentive Time
Off earned beyond 80 hours will be automatically cashed out.
Employees may voluntarily cash out the entire balance or any
portion of their Employee Incentive Time Off at any time.
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The measurement period for the Employee Incentive shall be
calculated as follows in this paragraph: In every two week pay
period, employees in this unit are regularly scheduled to work 80
hours. In six consecutive pay periods, employees are scheduled to
work 480 regular work hours. Effective October 29, 2018, the regular
hours actually worked by each employee in this unit and paid City
observed holidays will be tabulated at the conclusion of six
consecutive pay periods. The six consecutive pay periods will be
called a measurement period. (For example: October 29, 2018 to
January 20, 2019, is a measurement period.)
The parties will meet two times each year to review and discuss the
effectiveness of the Employee Incentive Time Off Program.
7. Return to Service or Position
a. For leaves of absence approved by the City and not exceeding one
year, seniority for the purpose of bidding runs only shall continue to
accumulate. Leave taken under the California Family Rights Act of
1991 (CFRA) and/or the Federal Family and Medical Leave Act of
1993 (FMLA) and/or any other protected leave will not affect a
Bus Driver’s seniority accrual.
b. Any Bus Driver who is promoted, transferred, or demoted, except
for disciplinary reasons, who returns to a position in the class of
Bus Driver within one year of such action, shall be considered as
maintaining seniority for the purposes of bidding for runs only. For
periods exceeding one year, return to a position in the class of Bus
Driver shall be considered as new employment for the purposes of
bidding runs.
c. Former and current employees who return to service as a Bus
Driver from a reinstatement list or as a result of involuntary
demotion due to layoff shall, at the time of return to service as a
Bus Driver, be placed at the bottom of the seniority list for the
purpose of bidding for runs in the order of return to service.
Thereafter, the reinstated Bus Drivers shall move up the seniority
list as new or reinstated full time Bus Drivers are added.
8. Complaints/Inquiries
a. Complaints received from members of the public about individual
Bus Drivers will be treated as inquiries, unless an
"Inquiry/Complaint Form" is actually signed by the complaining
party.
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b. A complaint which is not verified by a witness or put in writing and
signed by the complainant, or communicated to FAX within sixty
(60) days of the alleged occurrence, shall be considered an inquiry
and not be placed in the Bus Driver’s personnel file, but may be
kept by the Transit Transportation Department for not more than
six (6) months. Any inquiry shall be brought to the attention of that
Bus Driver by a supervisor.
c. An "Inquiry/Complaint Form" signed by the complaining party that
says "see attached" and attaches a letter or statement regarding
the complaint meets the requirements of the MOU. If the
complainant is physically unable to sign the "Inquiry/Complaint
Form,” the complaint can be taken verbally. FAX is not prohibited
from assisting complainants. Complaints shall be brought to the
attention of the Bus Driver by a supervisor. FAX management shall
provide a Bus Driver with a written copy of every complaint made
by a member of the public against that Bus Driver as soon as
practical, but not more than ten (10) calendar days after the
complaint is received by the Department. The copy of the complaint
shall not include the name of the complainant. Signature on the
"Inquiry/Complaint Form" by a Bus Driver is not an admission of
guilt but only proof that the Bus Driver has seen the
"Inquiry/Complaint Form" and has had the opportunity to respond to
it.
d. FAX management shall promptly investigate all complaints. Upon
completion of the investigation of a complaint, FAX management
shall indicate on the "Complaint/Inquiry Follow-up Form", along with
any other comments deemed appropriate, the disposition of the
complaint using one of the following designations: "sustained,"
"unsubstantiated," "exonerated," or "unfounded". The
"Complaint/Inquiry Follow-up Form" shall state the specific reasons
which FAX management relied upon in making the determination
that a complaint has been determined to be "sustained,”
"unsubstantiated," "exonerated," or "unfounded". The reasons,
including any known evidence, for reaching such determination
shall be stated on the "Complaint/Inquiry Follow-up Form" in detail,
explaining clearly the decision, and if sustained, shall state the FAX
policies, rules, or established procedures claimed to have been
violated.
(1) A copy of the determination will be provided to the Bus
Driver.
(2) If the complaint is determined to be "sustained," upon receipt
of the determination, the Bus Driver may, within ten (10)
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calendar days, respond, in writing, to the allegations
contained therein and said response will be attached to the
complaint.
Any complaint not timely processed in accordance with this
procedure shall not be made part of the Bus Driver’s record.
For purposes of this provision, the following definitions shall apply:
Sustained: The evidence and written determination establishes, to
the satisfaction of the Transit General Manager Director of
Transportation or designee, or the Transit Operations Manager
or designee, that the allegation in the complaint did occur and
constitutes a violation of FAX policies, rules, or established
procedures.
Unsubstantiated: The evidence and written determination is, to the
satisfaction of the Transit General Manager Director of
Transportation or designee, or the Transit Operations Manager
or designee, insufficient to prove or disprove the allegation in the
complaint.
Exonerated: The evidence and written determination establishes, to
the satisfaction of the Transit General Manager Director of
Transportation or designee, or the Transit Operations Manager
or designee, that the conduct alleged in the complaint occurred but
was within FAX policies rules or established procedures.
Unfounded: The evidence and written determination establishes, to
the satisfaction of the Transit General Manager Director of
Transportation or designee, or the Transit Operations Manager
or designee, that the allegation in the complaint is either false or
not supported by the evidence.
For the purpose of this provision, any days during the ten (10)
calendar day period under subsections c. and d. (2), above, on
which the Bus Driver is absent for any reason shall not be counted.
9. Accidents/Incidents
Any Bus Driver or Student Driver required by the City to complete an
accident or incident report before or after normal working hours shall be
paid at the applicable hourly rate for fifteen (15) minutes or the time
actually required to complete the report. Bus Drivers and Student Drivers
shall complete accident/incident reports before the close of the business
day on the day of the accident/incident unless physically incapable of
doing so. Bus Drivers who do not complete the accident/incident reports
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before the close of the business day on the day of the accident/incident
will be subject to discipline.
The Bus Driver or Student Driver can be required to complete the report
in an area designated by management. If requested, Bus Drivers and
Student Drivers will be allowed to consult with a representative of their
choice while completing an accident/incident report.
It is the Bus Driver’s or Student Driver’s responsibility to request a
representative and obtain one (although FAX will make reasonable efforts
to contact representatives who are working). The representative will not be
paid during time spent representing Bus Drivers and/or Student Drivers;
however, a representative on stand-by may assist without loss of
compensation, but may have to leave if assigned work.
The Bus Driver or Student Driver may choose to wait for a particular
representative, but will not be paid while waiting. A Bus Driver or Student
Driver who chooses to leave and return later, before the close of the
business day to fill out the report, will be paid as if the Bus Driver or
Student Driver had filled out the report at the end of the normal shift. A
Bus Driver or Student Driver cannot create an entitlement to any form of
premium pay by exercising the option to leave and return later to fill out
the report. A supervisor can be present with the Bus Driver or Student
Driver and representative while the report is being completed.
When a Bus Driver or Student Driver is charged with a preventable
accident:
a. The Bus Driver or Student Driver shall have seven (7) calendar
days to appeal the charge to the Accident Review and Safety
Committee (ARC). Not more than thirty-one (31) days from the date
of the appeal, the ARC shall review the charge and make
recommendations. If no such review is conducted, through the fault
of the City, the charge shall be dismissed.
b. A request for postponement by either party beyond the next
scheduled ARC hearing date may be granted by by majority
decision of the ARC if good cause exists. If no postponement is
requested or granted by majority decision of the ARC, and/or the
Bus Driver or Student Driver does not appear at the hearing, the
decision of the ARC shall become final on the hearing date.
ATU shall have the right to conduct its own investigation of accidents and
incidents. It may interview witnesses, preserve evidence, etc. Union
representatives must make it clear that they are not representing the City
when engaging in this activity. They cannot be in FAX uniform. They must
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make it clear that they are acting on behalf of the Bus Driver as an
individual.
10. Accident Review and Safety Committee (ARC)
a. The ARC shall be comprised of two (2) Bus Drivers selected by
ATU and two (2) FAX Management employees selected by
the Transit General Manager Director of Transportation or
designee. The Chair shall be mutually selected by FAX and ATU
and shall be a City employee familiar with safety procedures and
practices. All members, including the Chair, shall serve for a
minimum of six months. The City and ATU representatives may be
removed and a new member(s) selected with fifteen (15) days prior
notice to the other party.
b. An appeal by either party to the final decision of the ARC must be
made to the Transit General Manager Director of Transportation
or designee within fourteen (14) calendar days of the decision of
the ARC.
c. The Transit General Manager Director of Transportation or
designee will make a decision within twenty-eight (28) calendar
days of receipt of the appeal. If no decision is made within that
time, the decision of the ARC shall be final.
d. The decision of the Transit General Manager Director of
Transportation or designee, or a final decision of the ARC:
(1) May be appealed to the City Manager or designee within
fourteen (14) calendar days of a decision by the Transit
General Manager Director of Transportation or designee.
(2) If the Transit General Manager Director of Transportation
or designee does not render a decision, an appeal to the
City Manager or designee may be made within twenty-eight
(28) calendar days of receipt of the appeal made to
the Transit General Manager Director of Transportation or
designee.
e. The ARC may also address other areas involving safety as may be
determined appropriate, including the amount of time necessary for
sign-on, bus inspection, travel time, relief time, and pull-in time.
f. The ARC shall meet at least once monthly.
g. Such bus maintenance records and information as may be
pertinent to the ARC’s findings shall be made available if requested
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at least three (3) working days in advance of the ARC’s hearing
date. All information distributed at the ARC meetings for review of
accidents/incidents may be kept by ATU representatives.
A Bus Driver and/or Student Driver may be represented by ATU at the
ARC hearing, and may show a pertinent video to explain their side of the
case. The video will not include interviews of witnesses. It is understood
that the video will be short in length (3-5 minutes).
FAX equipment will not be used to "stage" an incident unless approved by
the FAX Operations Manager. A representative may ride a FAX bus, in
revenue service and under normal circumstances, with a video camera.
All safety rules must be followed while on board the bus. If a video is
presented to the ARC, management has the right to delay a decision on
the case while additional follow-up is conducted.
Any delay as a result of a video, will automatically extend any time lines
on any possible action taken. A Bus Driver and/or Student Driver may
present a witness' written account of what they saw, but witnesses are not
allowed at the ARC.
The ARC will view all videos and will not screen some and not others.
E. BENEFITS FOR PERMANENT PART TIME (PPT) BUS DRIVERS
1. General
Bus Drivers occupying PPT allocated positions shall be members of the
recognized ATU unit. The terms and conditions set forth in the current
MOU apply to Bus Drivers occupying PPT allocated positions, in addition
to those set forth in this agreement and FMC, administrative orders,
policies, procedures, rules and regulations.
2. Additional Departmental Rules and Regulations
a. PPT Bus Drivers shall not be part of the extra board, but at each
sign-up period shall be allowed to bid one (1) or more work
assignments by seniority from assignments designated by
management as regular PPT work assignments. PPT Bus Drivers
shall not be allowed to bid or be assigned more than thirty-two (32)
hours of work per week, except in an acting capacity. PPT Bus
Drivers who are assigned to drive more than thirty-two (32) hours
per week will be paid one and one-half (1 1/2) times the applicable
hourly rate except for those situations that are beyond the control of
the Department. Examples of these situations may include vehicle
breakdown, traffic conditions and passenger loads, etc.
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b. Spread time provisions shall not apply to PPT Bus Drivers.
c. In addition to any prescribed forms of discipline, PPT Bus Drivers
receiving miss-outs may receive work for the day of the miss-out at
the discretion of management. Work so received shall not exceed
the number of hours the PPT Bus Driver was scheduled to work for
the day of the miss-out.
3. Recruitment and Retention
a. PPT Bus Drivers shall be recruited, hired, employed, and
disciplined as permanent employees pursuant to the FMC,
administrative orders, policies, procedures, rules, regulations, the
MOU, and as may be provided in this agreement.
b. The following shall apply to PPT Bus Drivers hired before July 1,
2006:
PPT Bus Drivers shall serve a probationary period consisting of one
thousand-forty (1,040) hours of non-overtime work from the date of
appointment to a PPT allocated position. A Bus Driver who
completes a PPT probationary period shall not serve an additional
probationary period if appointed to a permanent full-time allocated
Bus Driver position as long as such employment as a PPT Bus
Driver has been continuous up to appointment to a permanent full-
time allocated Bus Driver position.
If a PPT Bus Driver is appointed to a permanent full-time allocated
Bus Driver position, the Bus Driver shall complete the balance of
the required probationary period as a PPT. This is calculated by
subtracting the number of non-overtime hours worked as a PPT
Bus Driver from one thousand-forty (1,040) hours, dividing the
remainder by forty (40) hours, which equals the number of weeks
remaining in the probationary period to be served in the permanent
full-time position appointment (e.g., 1,040 - number of non-overtime
hours = remainder ) 40 hours = # of weeks remaining in the
probationary period to be served). Any hours spent on paid or
unpaid leave shall not be credited toward calculating the completion
of the probationary period.
b. The following shall apply to PPT Bus Drivers hired on or after
July 1, 2006:
All PPT Bus Drivers hired on or after July 1, 2006, shall serve a
probationary period consisting of nine (9) months from the date of
appointment to a PPT allocated position. A Bus Driver who
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completes a PPT probationary period shall not serve an additional
probationary period if appointed to a permanent full-time allocated
Bus Driver position as long as such employment as a PPT Bus
Driver has been continuous up to appointment to a permanent full-
time allocated Bus Driver position.
If a PPT Bus Driver is appointed to a permanent full-time allocated
Bus Driver position, the Bus Driver shall complete the balance of
the required probationary period for a full time Bus Driver. Any
PPT Bus Driver who Is absent for any reason from work for five (5)
consecutive regular work days (four (4) consecutive regular work
days for those on a four (4) day work week) shall have their
probationary period extended by one (1) week for each consecutive
five (5) regular work days absence (four (4) consecutive regular
work days for those on a four (4) day work week).
c. Appointments to vacant permanent full-time allocated Bus Driver
positions shall be made from Bus Drivers holding positions as PPT
Bus Drivers. The Bus Driver having the greatest seniority as a PPT
Bus Driver shall be offered the vacant position which the City may
in its sole discretion, decide to fill. Seniority only for the purpose of
promotion shall be reduced twenty-one (21) calendar days for each
twenty-one (21) consecutive calendar days that the PPT Bus Driver
is not doing platform work, provided, however, that loss of seniority
under this provision shall not apply in the case of scheduled
vacation, leave for jury duty or military leave. In the event all PPT
allocated Bus Driver positions are vacant, appointments shall be
made from a Bus Driver eligible list. Service as a PPT shall not be
counted toward seniority as a permanent full-time Bus Driver,
except where length of service of two (2) or more permanent full-
time Bus Drivers is identical.
e. In the event of a reduction in work force or lay off, PPT Bus Drivers
shall be separated from city service before any permanent full-time
Bus Driver as defined in the FMC.
f. The parties agree that Bus Drivers occupying permanent full-time
positions may transfer to vacant PPT allocated positions, and will
receive the benefits provided in Article VIII, subsection
E. paragraph 4 of this agreement. In order to establish the terms
and conditions under which such transfers will be accomplished,
the parties have agreed to a side letter setting out the details under
which such transfers will be accomplished in accordance with the
provisions set forth below:.
(1) The opportunity to transfer from full-time to part-time
Bus Driver positions will coincide with the sign up each
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July bid sign-up. If the sign up dates change, the parties
will agree to a different date.
(2) A full-time Bus Driver intending to transfer to a part-time
Bus Driver must give written Notice to the Operations
Manager or designee between April 1 and May 15 thirty
(30) days in advance of the next bid sign-up. If the date in
No. 1 above changes, then the parties will agree to a new
Notice period.
(3) An employee transfer will take place only if a part-time
Bus Driver wishes to transfer to a full-time Bus Driver
position.
(4) A transfer from full-time to part-time can only occur
twice during a Bus Driver’s career with the City of
Fresno.
(5) If a full-time Bus Driver transfers to a part-time Bus
Driver position, their seniority as a full-time Bus Driver
will be governed by Article VIII, Section E.3.c of the
current MOU.
(6) Seniority for all part-time Bus Drivers including full-time
drivers who have transferred to part-time will continue
to be date of hire in the class of a Bus Driver.
(7) Return to status as a full-time Bus Driver will be
governed by Article VIII, Section E.3.c of the current
MOU.
(8) Full-time Bus Drivers who transfer to part-time positions
will continue to be a participant in the Retirement
program, and make prorated contributions based on the
number of hours work, and shall receive prorated
service credits, in accordance with Article VIII, Section
E.3.c of the current MOU.
(9) A Bus Driver returning to full-time status in accordance
with Article VIII, Section E.3.c of the current MOU. of the
current MOU will be assigned to the Extra Board on the
basis of the Bus Driver’s full-time seniority. The Bus
Driver’s day off will be determined in accordance with
the days that would have been available during the
current sign-up. The Bus Driver may choose days off
from available days off. The Bus Driver will not be able
to bump any Bus Driver who has chosen a hold down,
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but may bid on new hold downs available subsequent to
return to full-time status.
g. Management will limit the number of PPT Bus Drivers to not more
than fifteen percent (15%) of the total allocation of permanent, full-
time Bus Drivers.
4. Benefits
a. Uniform Allowance - PPT Bus Drivers shall receive the same
uniform allowance as that set forth in MOU Article IX (E).
b. Jury Duty/Court Attendance - PPT Bus Drivers shall be
compensated for jury duty attendance and court attendance in
accordance with applicable FMC provisions.
c. Workers’ Compensation – Workers’ Compensation benefits shall be
those amounts established by the State of California Workers’
Compensation regulations.
d. Overtime - PPT Bus Drivers shall receive overtime compensation at
the applicable hourly rate of hours worked in excess of forty (40)
hours in a week, and for hours worked on a holiday.
e. Holidays - PPT Bus Drivers shall receive paid leave for holidays at
a rate proportionate to a permanent full-time employee (FTE)
occupying the class of Bus Driver.
e. Sick Leave - PPT Bus Drivers shall accumulate sick leave at a rate
proportionate to a permanent FTE occupying the class of Bus Driver.
Sick leave may be taken in accordance with provisions of this
MOU, FMC Section 3-107, and in accordance with applicable
provisions of the California Labor Code including, but not
limited to Section 233. Section 245.5, and Section 246. These
provisions of the California Labor Code will be administered
on a fiscal year basis, i.e July 1 through June 30.
g. Family Sick Leave - PPT Bus Drivers shall be allowed up to 38.4
hours of accumulated sick leave per fiscal year for Family Sick
Leave. Family Sick Leave shall be used only for those purposes
defined in the California Labor Code.
f. Vacation - PPT Bus Drivers shall accumulate vacation leave at a
rate proportionate to a permanent FTE occupying the class of Bus
Driver.
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g. Retirement - PPT Bus Drivers shall not be members of the
Employees’ Retirement System, and shall be enrolled in the Social
Security program. This retirement paragraph does not apply to Bus
Drivers who transfer from permanent full-time Bus Driver positions
to PPT allocated positions, and who were in the Employees’
Retirement System at the time of the transfer. Such Bus Drivers
shall remain in the Employees’ Retirement System, make prorated
contributions based on the number of hours worked, and shall
receive prorated service credits.
h. Health and Welfare - PPT Bus Drivers shall receive health and
welfare benefits as set forth herein. A PPT who declines to
participate in the health plan at employment may elect to participate
each year thereafter. Participation at any time shall be by
deduction from the Bus Driver’s paycheck Benefits shall be
provided as outlined in Article IX (C).
PPT Bus Drivers - the City shall contribute, toward the premium
required by the Fresno City Employees Health and Welfare Trust,
an amount of money on behalf of the Bus Driver in proportion to the
number of hours scheduled for that position, as reflected in the
adopted budget. The City shall make such contribution only on the
condition that the Bus Driver agrees to contribute to the Fresno City
Employees Health and Welfare Trust the difference between such
City contribution and the amount required by the Fresno City
Employees Health and Welfare Trust for the level of benefits
provided. If the Bus Driver does not so agree, then the City shall
make no contribution for health and welfare for such Bus Driver.
Election to pay such difference shall be made within thirty (30) days
of appointment.
F. RUN EXCHANGES FOR BUS DRIVERS
1. Extra board Bus Drivers are excluded from participating in run exchanges.
The exchange (i.e. substitute work for another Bus Driver) must be
between regular Bus Drivers only and must be completed by the end of
the sign up in which it was created. The process for allowing the
exchange of runs will be reviewed periodically and FAX management
may, at its discretion, extend the process to include Bus Drivers’ days off.
2. The exchange must be documented on a form, signed by both Bus
Drivers, and approved by FAX management at least 48 hours before the
exchange is to take place and/or 24 hours before the board is posted.
3. The City shall incur no additional liability due to such exchanges nor shall
the City assume any responsibility regarding "pay back" of the exchange.
The hours worked by the substitute Bus Driver will be excluded by the City
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in the calculation of the hours for which the substitute Bus Driver would
otherwise be entitled to overtime compensation under the Fair Labor
Standards Act. When one Bus Driver substitutes for another, each Bus
Driver will be compensated as if they worked their normal scheduled run.
4. When one Bus Driver substitutes for another, the Bus Driver being
substituted for will be credited as if the Bus Driver had worked their normal
schedule for that shift. If the substituting Bus Driver wishes to be
compensated for the substitute shift worked at the base/straight time rate
of pay, then the Bus Driver being substituted for shall transfer the
applicable number of vacation or CTO hours to the substituting Bus
Driver’s "like" account. (Note: The Bus Driver being substituted for may
only select one account from which to take hours for transfer, and those
hours shall only be transferred to the volunteer substitute’s "like" account.
If the substituting Bus Driver’s selected account is at the maximum
allowable balance, the substituting Bus Driver shall be compensated at the
base/straight time rate of pay from the transferred hours. An internal
processing form has been established to accomplish this transfer.)
5. Any Bus Driver who fails to operate a run as a result of an exchange, will
be subject to any established disciplinary action, and will not be permitted
to engage in future exchanges for a period of one year.
6. The privilege of allowing run exchanges as outlined above will be under
review and may be terminated with thirty (30) days written notice to the
Labor Relations Division and ATU if in the opinion of management the
process has adversely affected scheduled operations or has resulted in
Bus Driver abuse. This subparagraph shall terminate effective midnight
June 30, 2004.
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ARTICLE IX
COMPENSATION AND BENEFITS
A. GENERAL
1. All economic benefits provided by Council ordinance or formal Council
resolution and not otherwise clearly and explicitly modified or restricted in
this MOU shall be continued without alteration during the term of this
MOU.
B. SALARIES
1. Effective July 1, 2006, an “F” step will be added to Exhibit A, representing
a five percent (5%) increase above “E” step. A Bus Driver is required to
be in the “E” step range for one (1) year prior to advancement to the “F”
step. Bus Drivers currently at “E” step who have been in “E” step for at
least one (1) year will automatically move to the “F” step.
2. Effective April 6, 2015, the base rate of pay of all Bus Drivers in this unit
(i.e., salaries) will be restored to the rate in effect prior to December 31,
2012 in accordance with the attached Schedule A. This is approximately
three percent (3%) increase in base pay for Bus Drivers.
1. Employees in this unit will receive a lump sum payment of $225 per
employee with the paycheck of November 16, 2018.
2. The base rate of pay of all Bus Drivers employees in this unit (i.e.,
salaries) will be increased by two point five percent (2.5%) effective July
1, 2015 October 29, 2018, in accordance with the attached Schedule A,
attached hereto and incorporated by reference.
3. The base rate of pay of all Bus Drivers employees in this unit (i.e.,
salaries) will be increased by two point five percent (2.5%) effective July
1, 2016 October 28, 2019, in accordance with the attached Schedule A,
attached hereto and incorporated by reference.
5. Employees in Unit 6 hired on or after April 6, 2015, shall make an
additional contribution equal to one and one-half percent (1.5%) of their
pensionable compensation to the City of Fresno Employees Retirement
System, reducing the City contribution by a corresponding amount. In
accordance with Internal Revenue Code Section 414(h)(2) and related
guidance, the City shall pick-up and pay the contribution by salary
reduction in accordance with this provision to the City of Fresno
Employees Retirement System. The employee shall have no option to
receive the one and one half percent (1.5%) contribution in cash. The one
and one-half percent (1.5%) contribution paid by the employee will not be
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credited to an employee’s accumulated contribution account, nor will it be
deposited into a member’s Deferred Retirement Option Program (“DROP”)
account.
Employees who enter Unit 6 and were paying an additional one and
one half percent (1.5%) of their pensionable compensation
immediately prior to entering Unit 6, shall continue to pay the
additional one and one half percent (1.5%) of their pensionable
compensation to the City of Fresno Employees Retirement System,
reducing the City contribution by a corresponding amount.
The parties agree to a limited reopener of this provision in regard to
the possible revision of Normal Contributions to the Employee
Retirement System for those employees paying an additional one
and one half percent (1.5%)
C. FRESNO CITY EMPLOYEES HEALTH AND WELFARE TRUST
1. The City and ATU agree that the Fresno City Employees Health and
Welfare Trust has the sole authority to determine the benefits that will be
provided during the term of this MOU. The sole responsibility of the City
under this clause is to provide a set dollar amount to be contributed to the
Trust on behalf of the Bus Drivers and Student Drivers represented by
ATU. Effective May 1, 2015, the City’s contribution for Bus Drivers and
Student Drivers will be seventy-five percent (75%) of the premium
established by the Fresno City Employees Health and Welfare Trust
Board through June 30, 2015. Effective July 1, 2015, increases to the
health and welfare premium will be split so that 50% will be absorbed by
the City and 50% will be absorbed by employees, except that the
employee share shall not exceed thirty percent (30%). Should the
employee share be set at thirty percent (30%), the City share shall be
seventy percent (70%). Bus Drivers may opt to contribute the amount
necessary to make up the difference through payroll deductions, or accept
a reduced coverage option.
In order to achieve compliance with the Affordable Care Act (ACA) (U.S.
Public Law 111-148 and 111-152) and ACA regulations, if an employee in
this Unit would otherwise be required to pay more than 9.5% of the
employee’s total base salary and earned premium pays (other than
overtime) for a calendar month for health care premiums for a health
insurance plan that provides minimum essential coverage, the City will pay
an additional amount towards the health insurance premium necessary to
reduce the employee health insurance contribution so the employee’s
contribution is no more than 9.5% of total base salary and earned
premium pay for a calendar month. The additional amount shall not
exceed the minimum required amount by the ACA to maintain affordability.
The City shall determine the amount of additional payment. Such payment
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will not be provided if the cost of an available health insurance plan that
provides minimum essential coverage does not exceed the 9.5% of the
employee’s total base salary and earned premium pay for the month even
if the employee does not elect to enroll in that plan.
Should any other represented bargaining unit in the City negotiate a
successor MOU, or extend the period of an MOU, or have terms imposed
resulting in a greater contribution by the City, upon the Union’s written
request, the City will meet with the Union to match that benefit.
The City may meet with ATU and other City bargaining units to discuss an
alternative health care plan and/or to modify the Health and Welfare Trust
agreement, and to ensure compliance with the Affordable Care Act.
The parties also agree to work collectively in conjunction with their Board
representatives to research and recommend potential cost-saving
measures for the Health & Welfare Trust, which may include a choice of
health program options based on individual need or preference, including
a reduced option equivalent to the City’s premium contribution, a separate
rate for single employees with no dependents, or other flex plan programs;
mandatory generic mail order drug maintenance for employees who
require prescription drug therapy for any period of 90 days or more; or
other measures that may be identified as this work progresses.
D. BUS PASSES
Free bus passes shall be provided to members of Bus Drivers in this Unit,
covering the Bus Driver, registered domestic partner, spouse, dependent children
eighteen years of age or younger, and disabled children. To be eligible for the
free pass, the family member must also be eligible to be enrolled as a dependent
in the City Health & Welfare Plan. The passes must be renewed every fiscal year
and issued to each Bus Driver.
It is the responsibility of the Bus Driver to ensure that bus passes are not abused
by family members, however, Bus Drivers will not be penalized for unknown
dependent misuse of bus passes. Misuse of bus passes by dependents may
result in loss of pass privileges for the dependent for a period not to exceed six
(6) months. Any Bus Driver who knowingly allows the abuse of free bus passes
by family members may have the privilege of bus passes revoked for all
members, including the Bus Driver, for a period not to exceed six (6) months.
Bus passes will be provided to retired motor coach operators. The passes will
require annual renewal and are intended for use by the retired Bus Driver only.
E. UNIFORM PURCHASE AND MAINTENANCE ALLOWANCE
1. Uniform Purchase and Maintenance Allowance
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Bus Drivers shall receive a voucher credit for $250 per year as a uniform
purchase available each January 1. The voucher can only be used at the
uniform vendor selected by the Department. Proration of the uniform
voucher will be based upon the number of days actually worked (vacation
and light duty are considered days worked) during the previous year in
accordance with the following proration guidelines:
No. Days Worked
% $ To Receive
180 days or more 100%
144 to 179 days 75%
109 to 143 days 50%
71 to 108 days 25%
35 to 70 days 10%
Less than 35 days 0%
The voucher program shall end effective December 31, 2015.
Bus Drivers shall receive $280 $530 per year as a uniform maintenance
allowance prorated and paid in semi-annual installments (by separate
check) on the first pay date following each January 1 and July 1 with
proration of the uniform maintenance allowance based upon the number
of days actually worked (vacation and light duty days are considered days
worked) during the previous six (6) month period in accordance with the
following proration guidelines. The amount shall be increased from $280
per year to $530 per year effective January 1, 2016.
No. Days Worked
% $ To Receive
90 days or more
100%
72 to 89 days
75%
54 to 71 days
50%
36 to 53 days
25%
18 to 35 days
10%
Less than 17 days
0%
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2. Uniform application and enforcement to be consistent with uniform policy
as developed by FAX.
F. PROBATIONARY PERIOD
The probationary period for new Bus Drivers in the Unit hired before July 1, 2006
shall be six (6) months, such period to begin after the training period has been
satisfactorily completed.
The probationary period for new Bus Drivers hired on or after July 1, 2006 shall
be nine (9) months. Such period to begin after the training period has been
satisfactorily completed. For Bus Drivers hired on or after July 1, 2006, aAny Bus
Driver who is absent for any reason from work for five (5) consecutive regular
work days (or four (4) consecutive work days for those on a four (4) day work
week) shall have their probationary period extended by one (1) week for each
absence of consecutive five (5) regular work days (or four (4) consecutive
regular work days for those on a four (4) day work week).
G. LEAVE WITHOUT PAY
Leave without pay may be granted for a period not to exceed 120 days and may
be extended by the City Manager, subject to the provisions of FMC Section
3-104.
Leave taken under the Family Rights Act of 1991 and/or any other protected
leave will not affect a Bus Driver’s seniority accrual.
H. UNAUTHORIZED LEAVE AS RESIGNATION
A Bus Driver who without prior approval is absent or fails to perform their duties
for three (3) consecutive working days shall be considered deemed to have
resigned their position, effective upon the first day of absence. FMC Section 3-
115 controls the applicability and administration of this section.
I. WORKERS' COMPENSATION
1. Notwithstanding the provisions of FMC Section 3-118, effective May 1,
2015, a Bus Driver or Student Driver who suffers an injury/illness in the
course and scope of City employment shall receive 66.67% of average
weekly earnings in the fifty-two (52) weeks prior to the injury of the Bus
Driver’s or Student Driver’s full wages or salary. Should the State
mandated Workers’ Compensation rate of payment be adjusted, the City
and the Association will have a limited reopener to adjust the rate
accordingly.
a. Compensation for a work related injury or illness shall begin
following the first three (3) days after the Bus Driver or Student
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Driver leaves work as a result of the injury or illness. However, this
three (3) day waiting period shall be waived and compensation
shall begin on the first day of a work related injury or illness only if:
(1) the Bus Driver or Student Driver is hospitalized as an
inpatient for at least twenty-four (24) hours;
(2) the Bus Driver or Student Driver is absent from work 14
days or more;
(3) the Bus Driver or Student Driver is placed on light duty at
any time during the first three (3) days.
2. Partial days of absence due to a work related injury or illness, including
the day of injury or illness, shall be at full pay and shall not count toward
the three (3) day exclusion period; however, this time shall be recorded as
work related injury/illness absence.
3. At the Bus Driver’s or Student Driver’s option, in the event work related
injury/illness pay from the City is not provided during the first three (3)
days of absence due to the work related injury or illness, the Bus Driver
may take sick leave, vacation, holiday, or compensatory time off (CTO),
for that period.
4. If the Bus Driver or Student Driver opts to use sick leave, vacation,
holiday, or CTO for the first three (3) days and it is later determined that
work related injury/illness pay under paragraph 1. a. above, beginning on
the first day of a work related injury is appropriate, the leave time shall be
restored to the Bus Driver or Student Driver and the Bus Driver’s or
Student Driver’s pay or leave balance will be adjusted accordingly.
5. If a Bus Driver or Student Driver is placed on sick leave, vacation,
holiday, or CTO pending determination as to whether the injury or illness
is industrial, and the injury or illness is determined to be industrial, sick
leave, vacation, holiday or CTO shall be restored and the Bus Driver or
Student Driver placed on work related injury/illness leave as provided
herein.
6. If a Bus Driver or Student Driver is placed on sick leave, vacation,
holiday, or CTO pending determination as to whether the injury or illness
is industrial, and the injury or illness is determined not to be industrial, sick
leave, vacation, holiday or CTO shall not be restored and the absence will
be considered an incident as outlined in Administrative Order 2-
19.1 Attendance Policy attached hereto and incorporated by
reference.
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7. Retirement benefits shall not be reduced as a result of the level of
compensation established herein. Changes in contribution by the City and
Bus Driver shall be in accordance with applicable retirement code
sections.
8. Taxes shall not be withheld on compensation which is paid due to an
injury or illness sustained in the course and scope of employment with the
City. In the event a court of competent jurisdiction, or other competent
authority, finds this Section invalid, the provisions of Article X of this MOU
shall apply. Any subsequent agreement reached by the City and ATU on
a replacement for this Section shall be made effective back to the date of
the determination of the invalidity of this Section.
J. RETIREMENT
The parties agree that during the term of this MOU they will continue to meet and
confer with respect to those enhanced retirement benefits currently being
explored by the Retirement Board, as well as with respect to those issues related
thereto. It is understood that this does not commit the parties to a particular
outcome; only to continue meet and confer on this subject during the term of this
agreement.
2. The parties agree that upon final resolution of the litigation known as
Fresno Organization of Retired City Employees, et al. v. City of Fresno
Retirement Board, et al., (Fresno County Superior Court Case No. 03 CE
CG 02595), each will take those steps necessary to implement the results
of said final resolution.
K. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)
The City currently maintains a Health Reimbursement Arrangement (HRA) that
qualifies as a “health reimbursement arrangement” as described in Internal
Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS
regarding HRAs. ATU and the City of Fresno mutually agree that the HRA will be
in effect for one (1) year as a trial period, and, if both parties agree, will be
extended for the term of the MOU. Eligibility to participate will begin July 1, 2006
and will not occur until after Council approves the amendment to the Plan
document.
At separation from permanent employment with the City of Fresno by service
retirement or at disability retirement if the Bus Driver is otherwise eligible for
service retirement, Bus Drivers who have used eighty (80) hours or less of sick
leave time (excluding only hours used for Workers’ Compensation benefits,
Bereavement Leave and any statutorily protected leave (e.g., FMLA/CFRA,
Protected Sick Leave) in the 24 months preceding their date of retirement, will
be credited with an account for the Bus Driver under the HRA to be used solely
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to pay premiums for medical insurance (including COBRA premiums). The
“value” of the account shall be determined as follows:
• The number of accumulated sick leave hours in excess of 240
hours at the time of retirement multiplied by 40% of the Bus Driver’s
then current hourly base rate of pay.
• The hourly base rate of pay shall be the equivalent of the monthly
salary for a Bus Driver as reflected in Exhibit A, multiplied by twelve
(12) months then divided by 2,080 hours.
At the employer’s option, the HRA accounts shall be book accounts only – no
actual trust account shall be established for any Bus Driver. Each HRA book
account shall be credited on a monthly basis with a rate of earnings equal to the
yield on the City’s Investment Portfolio (provided that such yield is positive).
The HRA accounts shall be used solely to pay premiums for medical insurance
(including COBRA premiums) covering the participant, the participant’s spouse
(or surviving spouse in the event of the death of the participant, and the
participant’s dependents. Once a participant’s account under the HRA has been
reduced to $0, no further benefits shall be payable by the HRA. If the participant,
the participant’s spouse, and the participant’s dependents die before the
participant’s account under the HRA has been reduced to $0, no death benefit
shall be payable to any person by the HRA.
While this provision is in effect, Bus Drivers shall not be allowed to cash out any
accumulated or accrued sick leave at retirement.
L. TEMPORARY ASSIGNMENT TO PERFORM DUTIES OF ABSENT BUS
DRIVERS
1. All temporary assignments shall be in accordance with FMC Sections
3-256, 3-257, 3-258, 3-259 and 3-260.
2. Notwithstanding the fact that such Bus Drivers may retain permanent
status in their positions in this Unit, in the event a Bus Driver previously
holding a position in this Unit is assigned to perform the duties of a
position outside this Unit, such Bus Driver shall not be deemed to be
included in this Unit during such assignment.
M. FEDERAL DRUG POLICY (FEDERAL OMNIBUS TRANSPORTATION
EMPLOYEE TESTING ACT)
Policy
1. The City maintains two separate policies, as listed below, to
distinguish those specific procedures required by the Federal Transit
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Administration (FTA) and the Federal Motor Carrier Safety
Administration (FMCSA):
“Fresno Area Express, Controlled Substances and Alcohol
Testing Policy for ‘Safety-Sensitive’ Employees/Individuals
Subject to Federal Transit Administration Regulations” (“City’s
FTA Policy”), as may be amended from time to time after
compliance with applicable collective bargaining laws; and
“City of Fresno Controlled Substances and Alcohol Testing
Policy for ‘Safety-Sensitive’ Employees/Applicants Subject to
Federal Motor Carrier Safety Administration Regulations”
(“City’s FMCSA Policy”), as may be amended from time to time
after compliance with applicable collective bargaining laws.
In addition to the City’s FTA Policy noted above, Administrative
Order 2-25, The City’s City-wide drug and alcohol policy, shall apply
to ATU members.
2. Each policy, as revised, is intended to sufficiently summarize the
current Federal Regulations required by the Federal Omnibus
Transportation Employee Testing Act of 1991, as amended. Should
any amendments/ revisions to applicable policies occur, a copy of
the amended revision will be forwarded to ATU with an offer to meet
and confer regarding any potential impact of the amendment/
revisions to the affected employees in this Unit. The FTA policy will
be distributed to every affected employee in this Unit upon any
amendments/ revisions to the policy, and at the time of training and
orientation.
3. The Risk Manager or designee will request an observer not subject
to random testing under this policy, (designated observer) and
designated, consistent with the FTA policy, by one of the
representatives of affected labor organizations, to be present at the
time the random list is generated.
4. A Substance Dependency Advisory Committee shall be maintained
and meet at the request of any employee to review the impact,
modification or repeal of the Federal Omnibus Transportation
Employee Testing Act and make recommendations to the City
Manager on all matters relevant to the implementation of this policy.
Half of the Committee members shall be appointment by the City and
half shall be appointed by all recognized employee organizations
that are subject either to the regulations promulgated by the Federal
Transit Administration (FTA), or the Federal Motor Carrier Safety
Administration (FMCSA).
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5. Any disciplinary action taken by the City as a result of this policy will
be subject to the applicable provisions of current MOUs,
Administrative Orders, and the FMC concerning representation and
appeal process/hearing. Among the factors to be considered in
determining appropriate disciplinary action include the level of the
offense, the nature and requirements of the work, length of
employment, current job performance, and history of past
disciplinary action. Pursuant to the provisions of FMC Section 3-
605(a)(5), the City reserves the exclusive right to determine the level
of disciplinary action subject to the disciplinary process referenced
above, utilizing the guidelines set forth in the City’s FTA policy.
Procedures for Random Testing
Random drug and alcohol testing shall be in accordance with the City’s
FTA policy and subject to the testing guidelines established by Federal
Law.
Policy
1. The parties agree that a policy entitled "Controlled Substances and
Alcohol Testing Regulations" summarizing the federal regulations required
by the Federal Omnibus Transportation Testing Act (ACT) was formally
adopted by the City Council at a public hearing on December 20, 1994.
2. The parties acknowledge that subsequent to the adoption of the City’s
current policy, the U.S. Department of Transportation, Federal Transit
Administration issued a "Best Practices Manual: FTA Drug and Alcohol
Testing Program" to be applied by entities with employees subject to the
regulations of the ACT. The Best Practices Manual further requires said
entities to adopt a policy incorporating procedures to be utilized to assure
compliance of the ACT, as described therein.
3. The parties agree that it was necessary to revise and amend the City’s
current policy, now amended and entitled "Controlled Substances and
Alcohol Testing Regulations, Fresno Area Express", to include the
recommendations and requirements contained in the Best Practices
Manual.
4. The parties agree that the policy has now been revised and amended to
sufficiently summarize the current federal regulations required by the ACT.
The amended policy will be distributed to every affected Bus Driver of this
Unit, and at the time of training and orientation.
5. The parties agree that the Medical Review Officer (MRO), the Substance
Abuse Professional (SAP) and the rehabilitation treatment program and
facilities used for this purpose will be those designated by the respective
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employees health and welfare trusts and that employees referred to these
services as a result of the application of this policy will be tracked
separately and the charges billed directly to the City through the
Risk/Safety Manager. The Risk/Safety Manager will be responsible for
receiving all information related to the implementation of this policy and
directing the applicable disciplinary action in coordination with the Labor
Relations Manager.
N. VERIFIED TRANSIT TRAINING (VTT)
FAX will provide VTT as required by the State of California. FAX will notify Bus
Drivers of their scheduled training time(s).
Training will be treated as a regular assignment and will be subject to the rules
regarding an assignment. Training time under this provision will be considered
hours worked for the purposes of calculating overtime.
O. BILINGUAL CERTIFICATION PROGRAM
1. The bilingual certification program consists of a City administered
examination process whereby Bus Drivers may apply for bilingual
examination, and if certified by the examiner, receive bilingual premium
pay for interpreting and translating.
a. The Bilingual certification examinations will be conducted in
December of each year as necessary. During the examination
noticing period, eExamination applications will be available at the
Personnel Services Department, Human Resources Division and
City department personnel units. In order to remain eligible to
receive bilingual premium pay, employees must take and pass
the certification examination every five (5) years.
(1) In order to qualify for the December examinations,
applications must be received by provided to the Human
Resources Division Personnel Services Department during
the month of November, but no later than the last regular
business day in November.
(2) Bilingual examination application deadlines are not
appealable or grievable.
b. Bilingual certification examinations are conducted for Cambodian,
Hmong, Laotian, Punjabi, Hindi, Sign, Spanish and
Vietnamese languages as listed in the Salary Resolution.
(1) Certified Bus Drivers may interpret/translate for
departments/divisions they are not assigned to, provided the
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requesting department/division has a demonstrated
customer service related need, and has obtained approval
from the certified Bus Driver’s Transit General Manager
Director of Transportation or designee.
(2) Certified Bus Drivers shall not refuse to interpret/translate
while on paid status. Refusal may result in appropriate
disciplinary action. Certified Bus Drivers may be assigned to
any situation, and may be required to prepare written
reports/materials related to the situation.
c. Effective the first Monday pay period following Council approval of
this MOU, tThe bilingual premium pay rate for Bus Drivers will
be as follows:
(1) Seventy-five dollars ($75.00) per month regardless of how
many languages for which an employee is certified.
P. AMERICANS WITH DISABILITIES ACT, FMLA, AND CFRA
The City and the Union are aware of the passage of the Americans with
Disabilities Act, the Federal Family and Medical Leave Act of 1993 (FMLA), and
the California Family Rights Act of 1991 (CFRA). As of the effective date of this
Memorandum of Understanding, Leave taken under the FMLA and (CFRA) is
governed by Administrative Order 2-21.
Q. HOURS PREMIUM PAYSHIFT DIFFERENTIAL
Each permanent full-time equivalent Bus Driver who is scheduled to
work P.M. hours that occur between the hours of 8:00 p.m. and 4:00 a.m. shall
receive P.M. hours “night shift” premium pay, in addition to the Bus Driver’s
base rate of pay, at the rate of one and 75/100 dollars ($1.75) per hour for all
actual hours worked, that fall solely within the 8:00 p.m. to 4:00 a.m. time period.
R. MOVEMENT BETWEEN STEPS
Bus Drivers hired into classes which have step increases will move from Step “A”
to Step “B” on the anniversary date which is twelve (12) calendar months from
the date the Bus Driver was appointed to the current class.
S. PAY FOR PERFORMANCE
It is agreed between the parties to continue to discuss and consider during the
term of this agreement a pay for performance plan. Such pay for performance
plan will only be implemented upon mutual agreement between ATU and the
City.
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T. STATE DISABILITY INSURANCE (SDI)
1. Employees who are in bargaining Unit 6, Bus Drivers represented by the
Amalgamated Transit Union, Local 1027, shall be enrolled in the State
Disability Insurance (SDI) coverage plan. Enrollment shall occur as soon
as is practicable through the filing of the City of Fresno’s (City) Application
for Elective Coverage with the State Employment Development
Department (EDD). Within a minimum of six (6) months following
submission and approval by the EDD director of the City’s Application for
Elective Coverage an employee shall be eligible to file a valid claim.
Employees eligible for SDI benefits are those who are defined by Section
2601, et seq. of California Unemployment Insurance Code.
Eligible employees covered under the SDI program shall receive benefits
pursuant to California Unemployment Insurance Code Section 2655.
2. Employees shall file claims in the same manner as required under the SDI
Plan.
3. The City shall maintain SDI through employee payroll deductions to be
funded by employee contributions.
4. All employees with an approved SDI/Paid Family Leave (PFL) claim
must notify the City within fourteen (14) calendar days of their
receipt and fill out a form made available by the City indicating
whether or not the employee desires to integrate leave with the
claim. Extension beyond fourteen (14) calendar days due to exigent
circumstances, such as the employee being incapacitated, may be
considered on a case-by-case basis by the Director of Personnel
Services or designee. Employees who are absent from duty and are
receiving SDI benefits who are eligible to use sick leave, vacation leave,
and/or holiday leave, or compensatory time off, shall be eligible to
integrate the payment of SDI/PFL benefits with such City-paid leave
benefits.
a. Integrating leave balances is defined as the SDI benefit and the
monetary value of the employee’s leave balances added together
to provide a regular bi-weekly income. Employees who elect to
integrate must provide Payroll with a copy of the Notice of
Computation within fourteen (14) calendar days of their receipt
from EDD and are required to authorize EDD to share benefit
computations with the City on their initial claim forms.
Extension beyond fourteen (14) calendar days due to exigent
circumstances, such as the employee being incapacitated,
may be considered on a case-by-case basis by the Director of
Personnel Services or designee.
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b. An employee who has made a timely election to integrate leave
with SDI/PFL benefits shall be paid a biweekly amount, using
appropriate accumulated leave, which, when added to SDI/PFL
benefits shall approximately equal the employee’s net pay
after taxes (excluding overtime).
c. If an employee does not provide information on SDI/PFL
benefits within fourteen (14) calendar days of receipt of the
Notice of Computation, no integration will occur. Integration
will not be provided for any period before the City receives
notification of SDI/PFL benefits, including retroactively, and
the employee provides signed notification that the employee
wants to integrate.
d. Integrating leave balances with SDI/PFL benefits will continue only
if leave balances are available and the employee remains eligible to
receive SDI/PFL benefits.
c. The intent of the provision providing for integration of benefits is to
provide a combined biweekly adjusted net income not to exceed,
100% of regular bi-weekly income as long as such eligible disability
qualifies and available leave balances exist. Other employee
authorized deductions shall continue to be deducted from pay. Pay,
including SDI benefits and bi-weekly pay, shall not exceed 100% of
regular pay. If SDI benefits equal or exceed 100% of the regular
pay, no City payment shall be made.
5. Eligible employees may use the following accrued City leave balances in
conjunction with SDI benefits and in accordance with #6 below:
• Sick Leave
• Vacation Leave
• Holiday Leave
• Compensatory Time Off (CTO)
• Donated time, when all other leave balances have been exhausted.
6. An employee eligible for SDI benefits shall be limited to the use of Sick
Leave at thirteen (13) hours per week to be posted at the beginning of
each work week. The employee has the option of requesting use of
Vacation Leave, Holiday, or CTO. Request of and approval of Vacation
Leave, Holiday, or CTO will be per City policy. When approving such
leave, supervisors and managers should be aware that leave could result
in payment of more than an employee’s regular salary when combined
with SDI. If the employee chooses not to utilize Leave time other than Sick
Leave or has none, then the employee will be in a Leave Without Pay
(LWOP) status. An employee who has exhausted all other leave balances
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may apply for donated time in accordance with City policies. Use of
donated time shall be limited to thirteen (13) hours per week. Time for
Permanent Part-Time employees should be prorated in accordance with
the employee’s particular schedule.
5. While integrating SDI/PFL benefits, employees will be in paid status
for the purpose of leave accruals, holiday benefits, step increases,
and health insurance coverage.
An employee who is integrating leave and has exhausted all other
leave balances may apply for donated time in accordance with City
policies. Use of donated time shall be in accordance with the
provisions of this Section.
If the employee does not act to integrate benefits or exhausts their
available leave balances, the employee will be in a Leave Without
Pay (LWOP) status.
6. If elected as described above, integration will end upon notification
from the employee that SDI/PFL benefits have terminated, the
employee exhausts all leave balances and/or donated time resulting
in LWOP status, the employee’s return to work, or the employee’s
separation from City employment, whichever comes first in time.
7. Initiating the integration of the above accrued leave balances with SDI
benefits shall be subject to the following conditions:
a. The employee contacts their department’s payroll clerk to establish
a date to begin use of leave. In the event that an employee is
unable to notify the department, contact from the employee’s
spouse, parent, or other close family member will be sufficient.
b. Upon contacting their department, the employee shall immediately
file a claim for SDI benefits with EDD.
c. If the employee chooses not to contact their department as outlined
in subsection (7.a.) above, use of leave balances will not occur until
the City receives notification of eligibility from EDD.
d. If the City does not receive the appropriate notification from EDD
prior to the end of the employee’s disability status, the City shall
modify the use of any leave balances to reflect appropriate use of
leave in accordance with the MOU and City policies/procedures.
(1) When the employee’s eligibility has been established, the
City shall make leave payments to the employee in the usual
manner in accordance with the MOU and City
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policies/procedures.
(2) Any period of absence during which an employee is
receiving SDI benefits but is not receiving leave payments
shall be deemed a leave of absence without pay.
7. Service credits toward seniority, step increase eligibility, and probation
periods shall be in accordance with the MOU and City policies/procedures.
(4) If an employee exhausts all available leave balances but
continues receiving SDI benefits, the City’s compensation
shall cease.
8. The City shall continue contributions toward the employee’s health and
welfare benefits and retirement contributions in accordance with
established laws and practices during the pay periods that include leave
payments by the City. The employee shall be responsible for payment of
premiums required to maintain health and welfare benefits when City
contributions cease in accordance with established laws, policies and
practices.
9. In the event the City determines that legislative, administrative or judicial
determinations cause changes which in any way restricts, reduces or
prohibits any provision of this Agreement, the parties shall immediately
meet to discuss necessary amendments and/or modifications.
U. PRODUCTIVE TIME
The Union and the City have agreed to new provisions on leave, overtime, and
holiday pay which are expected to reduce absenteeism and overtime pay, and
increase productive time (i.e., actual time a Bus Driver is at work). Productive
time at the start of the MOU averages about 1,550 hours per employee per fiscal
year. The goal is to increase productive time to at least 1,700 hours average per
employee per fiscal year. FAX will provide data on productive time at least every
two (2) months during the term of this agreement. The Union and FAX agree to
meet on a regular basis to discuss productive time and means to improve time at
work.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 79
ARTICLE X
SAVING CLAUSE/FULL UNDERSTANDING
A. SAVING CLAUSE
In the event any article, section, or portion of this MOU should be held invalid and
unenforceable in any court of competent jurisdiction, such decision shall apply
only to the specific article, section, or portion thereof specifically specified in the
court's decision, and upon issuance of such a decision, the City and ATU agree
to immediately meet and confer upon a substitute for the invalidated article,
section, or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the
parties, and any previous understanding or agreements by the parties regarding
any such matters are hereby superseded, and terminated in their entirety. With
respect to side letter agreements, any not attached to this MOU are hereby
terminated in their entirety. Side letter agreements attached to this MOU shall
continue in force subject to the terms contained therein, or in the absence of
specified terms the side letters shall terminate upon the expiration of this MOU.
Any side letter agreements entered into during the term of this MOU shall
continue in force subject to the terms and conditions set forth within each side
letter. This paragraph is not intended to prevent either party from relying on
discussions which occurred during the meet and confer process for the purpose
of clarifying the meaning of this MOU.
C. LIMITED REOPENERS
1. The parties agree to a limited reopener on work rules contained in this
MOU. The parties agree to meet promptly to discuss the work rules at the
request of either the City or the Union. Any change to work rules in this
MOU require mutual agreement by the parties.
2. The parties agree to meet and confer over revisions to the Personnel
provisions of the FMC, Chapter 3, Article 1. If impasse is declared,
impasse procedures in Chapter 10 of Division 4 of Title I of the
Government Code (Section 3500 et seq., commonly known as the
Meyers -Milias-Brown Act) shall apply.
3. The parties agree to meet and confer over revisions to the Civil
Service Regulations in the FMC, Chapter 3, Article 2. If impasse is
declared, impasse procedures in Chapter 10 of Division 4 of Title I of
the Government Code (Section 3500 et seq., commonly known as the
Meyers -Milias-Brown Act) shall apply.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 80
4. The parties agree to meet and confer over revisions to the Employer-
Employee Relations provisions in the FMC, Chapter 3, Article 6. If
impasse is declared, impasse procedures in Chapter 10 of Division 4
of Title I of the Government Code (Section 3500 et seq., commonly
known as the Meyers-Milias-Brown Act) shall apply.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 81
ARTICLE XI
TERMINATION
This MOU shall be in full force and effect from April 6, 2015 October 29, 2018,
through June 30, 2017 October 25, 2020, subject to the Sections A., B., C., and D.
below.
A. This MOU shall become effective only after ratification by the members of ATU,
followed by City Council approval and the expiration of the waiting period for the
Mayor’s action provided in Charter sections 605 and 609, and shall remain in full
force and effect through June 30, 2017 October 25, 2020.
B. During the life of this MOU, should either party desire to modify its terms or to
meet and confer as to matters within the scope of representation not addressed
in this MOU, the party requesting such modification shall request in writing to
meet and confer on the item, which item shall be specified in writing.
C. During the life of this MOU, either party may refuse such request without
explanation if the item is directly related to or is an item directly considered
herein, or if the item was included in a written proposal from the party making the
request during the meet and confer process which led to this MOU.
D. Nothing in this Article shall preclude the City from entering into a Joint Powers
Authority or Regional Transit District during the term of this agreement with
written notice to ATU. Following said notice, the parties agree to discuss the
impact of such decision on the members of this unit.
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 83
SCHEDULE A
Effective October 29, 2018
(2.5% salary increase)
STEP A B C D E
Bus Driver - Monthly 3886 4081 4285 4499 4724
Bus Driver - Hourly 22.419231 23.544231 24.721154 25.955769 27.253846
Student Driver – Monthly 3533
Student Driver - Hourly 20.382692
Effective October 28, 2019
(2.5% salary increase)
STEP A B C D E
Bus Driver - Monthly 3984 4184 4393 4612 4843
Bus Driver - Hourly 22.984615 24.138462 25.344231 26.607692 27.940385
Student Driver – Monthly 3622
Student Driver - Hourly 20.896154
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 84
Attendance Policy
Unit 6, Represented by ATU, Local 1027
Purpose
To establish a Citywide an attendance policy for employees in Unit 6, represented by
ATU, Local 1027.
Policy & Procedure
This policy is to be construed on a rolling 12-month period following the effective date. A
primary requirement for continued employment is regular attendance. While the City
recognizes some absences may be unavoidable, City departments and the employees
have an obligation to the public that demands regular and prompt attendance. It is the
employees’ responsibility to maintain their physical and mental well being and to
achieve a maximum level of productivity.
Although it is recognized that excessive absenteeism is a proper reason for
corrective/disciplinary action, up to and including termination of employment, it is the
policy of the City to identify problem areas by keeping proper records, exploring
avenues of available assistance, and encouraging compliance with attendance
standards.
This attendance policy was developed to establish guidelines to further efforts to
provide service to the public, and is designed to be a no-fault program. The pervasive
problems stemming from inordinate absences are the focus of this policy, not the nature
of the absences.
Authorized leaves and statutorily protected leaves (e.g., Family and Medical Leave Act,
California Family Rights Act, Military leave, jury duty and subpoenas and court
appearances, bereavement leave, vacation leave, FMC leave of absences, suspension,
union business, etc.) are outside the scope of this attendance policy.
In the event of a serious illness or injury to the employee requiring the employee’s
absence during a future period of time, or a serious illness or injury to the employee’s
spouse, dependent minor children, or parents requiring the employee’s absence during
a future period of time, the applicable City Transportation dDepartment, the employee
and the Union applicable recognized bargaining unit may agree to a plan for the
employee’s absence(s) over a specified period of time. If such plan is agreed upon,
Subject: Attendance Policy (Applicable to
ATU Unit 6)
Number: 2 - 19.2
Date Issued: May 20, 2003
Date Revised:
Responsible
Department: Personnel Services Approved:
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 85
absences under such plan shall not be subject to this policy.
DEFINITIONS AND RULES - SECTION I:
1. Excluding the authorized and statutorily protected leaves discussed above, an
absence or absenteeism is defined as any failure to show up for or remain at
work as scheduled regardless of the reason. Any employee, who fails to show
up for work or remain at work as scheduled, will be charged with an incident of
absence under this policy.
(a) Approved leaves (i.e., scheduled leave time prearranged, approved, and
authorized) shall not be considered an incident.
(b) A day or days of continuous absence shall be considered one incident.
(c) Employees who are absent for an indefinite period due to illness must
keep dispatch informed as to the status of their absence, including
specifying any tentative return date if requested by their supervisor or
designee.
2. Any employee who does not report to work in person or by telephone will be
considered absent without leave, and subject to disciplinary action as provided in
the applicable provisions of the Fresno Municipal Code, as the same may be
amended from time to time.
CORRECTIVE/DISCIPLINE ACTIONS LEVELS - SECTION II:
1. Excessive absenteeism by an employee shall subject said employee(s) to
corrective/disciplinary action. Excessive absenteeism for purposes of this policy
shall be defined as four (4) or more occurrences (i.e., incident) of absence within
any consecutive 12-month period beginning with the effective date of this policy.
The 12-month period referred to in this policy shall mean a “rolling” 12-month
period.
2. The disciplinary levels under this policy are noted in the table below.
Incident Employee Optional Levels
4th Verbal Warning Verbal Warning
5th Letter of Understanding Letter of Understanding
6th Written Reprimand Written Reprimand
7th $100 Fine OR 2 Working Days Suspension
8th $300 Fine OR 5 Working Days Suspension
`
ATU MOU 10/29/2018–10/25/2020 REDLINE Page 86
9th 10 Working Days Suspension 10 Working Days Suspension
10th Termination Termination
The City reserves the right to deviate from this table of progressive
corrective/disciplinary action levels under mitigating circumstances. An example
of a mitigating circumstance is a case where an employee with an otherwise
exemplary prior history of good attendance [three (3) to five (5) years]
experiences an unexpected problem, which causes inordinate temporary
absenteeism, or whenever there is a pattern of abuse of time off.
3. For every 90-calendar-day period, aAn employee who has no additional
incidents perfect attendance for 90 calendar days after receipt of an incident
shall have his or her the number of incidents reduced by one (1). The employee
must have no additional incidents for an additional 30 calendar days before
an additional incident is removed. If an employee receives an incident
before an additional 30 calendar days has passed, then no incident will
be removed until 90 calendar days after the last incident. The incident to
be removed shall be the oldest in the rolling 12-month review period.
ADDENDUM II
Employee Performance Evaluation Form
Employee Name: -----------
Rating Period: From _ ________to ___________
Type of Evaluation: D Annual D Probationary (Mid-Probation/End of Probation)
Rater's Name: Rater's Title:
Rating Categories: 1) Unsatisfactory/Needs Improvement, 2) Average, 3) Above Average, 4)
Superior
Values (ACT IT)
Accountability: Take personal responsibility for actions.
Compassion: Care about and respect people.
Trust: Believe in each other.
Innovation: Seek new and creative ways to improve our business.
Teamwork: Work together to achieve the City Vision.
Category
Attendance Attendance is within acceptable guidelines.
Observance of work hours -Reports to work on time.
Compliance with rules -Complies with FAX rules and regulations.
Responsibility -Completes assignmen,ts in a responsible manner. Takes
responsibility for actions on the job ..
Safety practices/Operation of and care of equipment -Demonstrates
general observance of safety practices and safety rules.
Public contact -Demonstrates positive contacts with public.
Interpersonal skill -Gets along with peers, supervisors and other staff.
Job knowledge, skills and proficiency -Demonstrates an understanding of
the scope of assigned duties and the ability to perform those duties as
directed.
Judgement Handles day to day problems.
Deadlines -Runs schedules within guidelines.
Overall Score
Ratin2
1 I 2 3 4
ADDENDUM Il
Employee Performance Evaluation Form
Based on the ratings given above, rate the employee on Key Objectives below:
K ob· ti ey 11ec ves
Ratin2
Category 1 2 3
Customer Satisfaction: Works well with the public.
Employee Satisfaction: Works well with co-workers, supervisors.
Financial Mana2ement: Uses available resources effectively.
Comments on Ratinos b Rater
Employee Comments
Note: Attach current Success Plan.
Rater: This report is based on my best judgment of the of the rated employee's performance.
Signature: Date: --------
Reviewer: Date:
For final Pr obation reports only: I do D, I do_not D recommend this employee be granted
permanent status.
Employee: I certify that this report has been discussed with me. I understand that my signature
does not necessarily indicate agreement.
D I wish to discuss this report with the reviewer.
Signature: Date:
ADDENDUM Ill
2006 SIDE LETTER OF AGREEMENT
BETWEEN AND FOR THE
CITY OF FRESNO
AND
AMALGAMATED TRANSIT UNION, LOCAL 1027
(Bus Drivers-Unit 6)
WAGE ORDER No. 9-2001 SIDE LETTER AGREEMENT
1. It is agreed between the parties hereto that given the nature of the work provided
by the members of the bargaining unit, such members cannot be relieved of all duty, as
contemplated by Section 11.C. of Wage Order No. 9. In view of this fact, the parties
have entered into this Side Letter Agreement providing that, commencing July 1, 2006,
the employees in the Bus Drivers' Unit (Unit 6) may receive an on-the-job paid meal
period rather than a duty-free meal period.
2. It is further agreed between the parties hereto that this Agreement expressly
provides for rest periods for the employees covered by this Agreement, and that the
employer will make reasonable efforts to provide rest periods during the work period but
it is understood that such rest periods may be delayed. In instances when such rest
periods must be delayed, such periods may, at the direction of the employer, be
aggregated and/or provided at the end or the beginning of the employee's work shift.
3. It is agreed that, unless this Side Letter Agreement is terminated as provided in
Article IX, Section B.2., of the FY07-FY09 MOU between the City and Local 1027, this
Side Letter Agreement will remain in effect perpetually.
4. It is agreed between the parties hereto that starting July 1, 2006, and continuing
thereafter, even if this Agreement is terminated as provided in Article IX of the FY07
FY09 MOU, the base pay for all bargaining unit employees will be increased by $0.41
per hour. It is further agreed that, provided this Side Letter Agreement is not terminated
as provided in Article IX, Section B.2., of the FY07-FY09 MOU between the parties,
every five (5) years thereafter, i.e., starting July 1, 2011, the base pay for bargaining
unit employees will be increased by an amount equal to the increase in the annual
consumer price index for All Urban Consumers (CPl-U) for the U.S. City Average for All
Items, 12-month percent change, multiplied by $0.41.
5. It is further agreed that should this Side Letter Agreement be terminated, as
provided in Article IX, of the FY07-FY09 MOU, ATU Local 1027 will no longer be bound
by its agreement with the City, and the City will be obligated to abide by all applicable
aspects of Wage Order No. 9 including, but not limited to, the provisions of sections 11
& 12 thereof.
6. If it is subsequently determined, by any court of competent jurisdiction, that the
City is liable for penalties with respect to the meal period and/or rest period provisions of
Page 2
Side Letter Agreement RE: Wage Order No 9
Amalgamated Transit Union, Local 1027 (ATU)
IWC Wage Order No. 9, in spite of the existence of this Side Letter Agreement, the Side
Letter will expire, ATU Local 1027 will no longer be in agreement with the City to allow
on the job paid meal periods and/or rest periods as provided by the Side Letter
Agreement, and Local 1027 and the City will meet and confer in an effort to discuss
mutually agreeable options at that time.
7. It is agreed between the parties hereto that any disputes pertaining to the matters
set forth in this Side Letter Agreement shall be submitted to the grievance procedure set
forth in the Memorandum of Understanding to which this Side Letter Agreement is
attached, except that final and binding arbitration, as described below, shall replace the
"Grievance Advisory Committee" described at Step Three of that procedure. The final
and binding arbitration shall be heard by an arbitrator selected from a panel of seven (7)
arbitrators provided by the California State Mediation and Conciliation Service. Said
arbitrator, once selected, shall convene the parties for a hearing as soon as practical.
The arbitrator shall not have the authority to amend, alter or change any provision of the
Side Letter Agreement. A written award on the merits shall be ·final and binding on the
parties. Compensation for the arbitrator shall be shared equally between the parties.
8. The parties further acknowledge that it is understood and agreed that this Side
Letter of Agreement has the full force and effect of any other provision of the current
MOU, and that this Side Letter of Agreement will be treated, for all purposes, as if it
were an integrated portion of the current MOU.
AMALGAMATED TRANSIT
UNION, LOC 1027
KENNETH . PHILLIPS
President Labor Relations Manager
DATE: /?/'-f ~-c;?~ DATE:
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
BY:V~P,~~
Deputy City Attorney
Base Data as of 8/29/2018 ATU MOU NEGOTIATIONS
COSTING
Revised 9/10/2018
FY19 All Funds FY 20 All Funds
2.5% Wage Increase w/ Pension & Medicare Oct. 2018 262,538$ 401,528$
Employee Incentive Time Off (EITO) w/ Medicare 114,827$ 294,304$
Lump Sum Payment w/ Medicare 60,261$
Total FY19 437,626$
Subtotal FY20 695,832$
2.5% Wage Increase w/ Pension & Medicare Oct. 2019 269,949$
Total FY20 965,781$
NOTES:
Effective date of wage increase impacts 17 of 26 pay periods in implementation year.
EITO assumes all unit employees achieve the maximum benefit; 2 measurement periods FY 19, 5 periods in FY20.
Pension cost is 10.58% for employees hired before 4/6/2015, and 9.08% for employees hired on/after 4/6/2015.
Medicare cost is 1.45%.
2 of 2
Sixth Amendment to Salary
Resolution No. 2018-159
Resolution No.
* * * * * * * * * * * * * *
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 , 2018.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Vote: , 2018
YVONNE SPENCE, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Tina R. Griffin, Assistant City Attorney
SEE APPENDIX FOR FOOTNOTES Page 6.1
EXHIBIT 6
Unit 6 – Bus Drivers (ATU), effective October 29, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E
Bus Driver 320015 9 22.419231
21.871154
23.544231
22.967308
24.721154
24.115385
25.955769
25.321154
27.253846
26.584615
Bus Driver 320015 9 38863791 40813981 42854180 44994389 47244608
Student Driver 3200141 - 20.382692
19.800769
Student Driver 3200141 - 3533
3446
1 This is a training class in which incumbents do not achieve permanent status within the classified service, as
defined in FMC Section 3-202 (p)(5).
10/29/2018 Sixth Council Amendment
Supersedes the Original
Formatted Table
SEE APPENDIX FOR FOOTNOTES Page 6.1
EXHIBIT 6
Unit 6 – Bus Drivers (ATU), effective October 29, 2018
CLASS TITLE
JOB
CODE
PROB
PER A B C D E
Bus Driver 320015 9 22.419231 23.544231 24.721154 25.955769 27.253846
Bus Driver 320015 9 3886 4081 4285 4499 4724
Student Driver 3200141 - 20.382692
Student Driver 3200141 - 3533
1 This is a training class in which incumbents do not achieve permanent status within the classified service, as
defined in FMC Section 3-202 (p)(5).
10/29/2018 Sixth Council Amendment
Supersedes the Original
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1367 Agenda Date:11/8/2018 Agenda #:3-J
REPORT TO THE CITY COUNCIL
November 8, 2018
FROM:JEFF CARDELL, Director of Personnel Services
Personnel Services Department
SUBJECT
***RESOLUTION -2nd Amendment to Position Authorization Resolution (PAR)No.2018-158,adding
eight Emergency Services Dispatcher positions to the Fresno Police Department.(Subject to
Mayor’s veto)
RECOMMENDATION
It is recommended that the Council approve and adopt the 2nd Amendment to Position Authorization
Resolution (PAR) No. 2018-158, adding eight Emergency Services Dispatcher positions to the
Fresno Police Department
EXECUTIVE SUMMARY
The existing allocation of Emergency Services Dispatchers is less than sufficient to meet the demand
of responding to 95%of 911 calls within fifteen seconds.This is due,in part,to the large volume of
non-emergency calls that come into the Emergency Communications Center.Approval of the PAR
will provide additional resources which will allow the City to devote additional staff to meet the need
so we can improve the time it takes to respond to emergency calls for service and redirect non-
emergency calls for service.
BACKGROUND
While the City continues to incrementally restore services to meet the needs of the community the
City continues to be challenged with responding to calls in the Emergency Communications Center
on a timely basis. Ideally such calls should be answered within fifteen seconds 95% of the time.
Unfortunately our current staffing and the volume of calls, both emergency and nonemergency, do
not allow us to achieve that benchmark. With the appropriation of additional resources and the
adoption of the PAR, the City will be able to improve its response times to calls for service.
ENVIRONMENTAL FINDINGS
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File #:ID18-1367 Agenda Date:11/8/2018 Agenda #:3-J
This is not a “project” for the purposes of CEQA, pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable.
FISCAL IMPACT
The increased General Fund salary and benefit expenses for the balance of Fiscal Year 2019 is
approximately $176,700 which will be funded by carry over resources from the prior fiscal year.
Resources from the Asset Sale Reserve Fund will continue to fund the expense thereafter consistent
with the provisions for the use of those resources.
Attachment:
2nd Amendment to the Position Authorization Resolution No. 2018-158
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1299 Agenda Date:11/8/2018 Agenda #:5-A
CLOSED SESSION ITEM
November 8, 2018
SUBJECT
CONFERENCE WITH LABOR NEGOTIATOR -Government Code Section 54957.6
City Negotiators: Jeffrey Cardell, Ken Phillips
Employee Organization: Amalgamated Transit Union, Local 1027 (ATU)
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1354 Agenda Date:11/8/2018 Agenda #:5-B
CLOSED SESSION ITEM
November 8, 2018
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -Government Code Section
54956.9, subdivision (d)(1)
1.South Central Neighbors United v. City of Fresno et al - Fresno County Superior Court, Case
No. 18CECG00690
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-1358 Agenda Date:11/8/2018 Agenda #:5-C
CLOSED SESSION
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 Wilma Quan-Schecter, Central Valley Community Sports Foundation
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