HomeMy WebLinkAbout2018-05-10 Council Agenda PacketThursday, May 10, 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
May 10, 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
May 10, 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
May 10, 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
May 10, 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
May 10, 2018City Council Meeting Agenda - Final
9:05 A.M. ROLL CALL
Invocation by Joe White from Neighborhood Church Fresno.
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 ID18-0472 Approve a 5-year renewal of the contract with Netfile in the amount
of $140,000 to provide the continued City Software system that
allows for electronic filings of Campaign Statements and
Statements of Economic Interest (SEI) forms.
Sponsors:Office of the City Clerk
1-B ID18-0515 ***RESOLUTION - 545th amendment to the Master Fee Schedule
(MFS) Resolution 80-420 to add a notice of intent to circulate
petition fee to the General Government Section of the Master Fee
Schedule (Subject to Mayor’s veto)
Sponsors:Office of the City Clerk
1-C ID18-0473 Award a Consultant Services Agreement in an amount not to
exceed $77,111.30 to EMG Corporation to conduct Facility
Condition Assessments on the City of Fresno fire stations as
outlined in the Request for Proposals issued by the City (Bid File
100317).
Sponsors:Fire Department
1-D ID18-0522 Approval of a First Amendment to the Agreement entered between
the City of Fresno and the Central California Society for the
Prevention of Cruelty to Animals.
Sponsors:Office of Mayor & City Manager
1-E ID18-0535 ***RESOLUTION - To move $50,000 from contingency to the City
Attorney’s Office budget for hiring a Budget Analyst. (Subject to
Page 6 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
Mayor’s veto)
Sponsors:Councilmember Soria
1-F ID18-0537 Action pertaining to Mobile Vendor Permits
1.***BILL NO. B-22 - (Intro. 4/19/2018) (For adoption) -
Amending Article 11 of Chapter 9 of The Fresno Municipal
Code, Relating to Mobile Vendors (Subject to Mayor’s veto)
Sponsors:Mayor's Office, Councilmember Chavez and
Councilmember Soria
1-G ID18-0278 Action related to previously approved Reimbursement Agreement,
California High Speed Rail Heavy Maintenance Facility with the
Fresno County Transportation Authority:
1.***RESOLUTION - 65th Amendment to the Annual
Appropriation Resolution (AAR) No. 2017-165 to
appropriate $250,000 for purchase and sales agreements to
acquire properties within the proposed Fresno High Speed
Rail Heavy Maintenance Facility footprint. (Requires 5
affirmative votes) (Subject to Mayor’s veto)
Sponsors:Public Works Department
1-H ID18-0546
RESOLUTION - Approving the Final Map of Tract No. 6177 and
accepting dedicated public uses offered therein - northeast corner
of North Polk Avenue and West Olive Avenue (Council District 3)
Sponsors:Public Works Department
1-I ID18-0551 RESOLUTION - To dedicate a portion of city-owned property for
water main easement purposes, located on the Inyo Street
alignment, west of “H” Street (Council District 3)
Sponsors:Public Works Department
1-J ID18-0555 RESOLUTION - Of Intention to Annex Final Parcel Map No.
2017-05 as Annexation No. 28 to the City of Fresno Community
Facilities District No. 9 and to Authorize the Levy of Special Taxes
(north side of West Herndon Avenue between North Blythe and
Milburn Avenues) (Council District 2)
Sponsors:Public Works Department
1-K ID18-0556 RESOLUTION - Of Intention to Annex the territory known as
Assessor’s Parcel Number 509-290-07 as Annexation No. 29 to
the City of Fresno Community Facilities District No. 9 and to
Page 7 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
Authorize the Levy of Special Taxes (southwest corner of North
Figarden and West Bullard Avenues) (Council District 2)
Sponsors:Public Works Department
1-L ID18-0557 Actions pertaining to the Traffic Signal Improvements at the
intersection of Belmont Avenue and Fulton Street - Project Bid File
No. 3565 (Council District 3)
1.Adopt a finding of Categorical Exemption pursuant to Class 1
Section 15301(c) (existing facilities) of the California
Environmental Quality Act (CEQA) Guidelines for the Traffic
Signal Improvements at the intersection of Belmont Avenue and
Fulton Street
2.Award a construction contract to Kertel Communications, Inc .
DBA Sebastian of Fresno, California, in the amount of
$385,459 for the Traffic Signal Improvements at the
intersection of Belmont Avenue and Fulton Street
Sponsors:Public Works Department
1-M ID18-0559
Approve a First Amendment to the Lease and Agreement with Mr .
James Cook for 550 acres of City-owned land at the Fresno -Clovis
Regional Wastewater Reclamation Facility, removing APN
327-030-41 from the Lease (Council District 3)
Sponsors:Department of Public Utilities
1-N ID18-0562
Actions pertaining to the purchase and installation of a new Bar
Screen in the Headworks Building at the Fresno /Clovis Wastewater
Reclamation Facility (Council District 3)
1.Adopt a finding of Categorical Exemption of Class 1, pursuant
to Section 15301(d) (Existing Facilities) of the California
Environmental Quality Act Guidelines
2.Award a construction contract in the amount of $458,500 to WM
Lyles Company, of Fresno, California (Bid File 3596)
3.Authorize the City Manager, or designee, to sign agreement on
behalf of the City
Sponsors:Department of Public Utilities
1-O ID18-0561 Approve a cost-neutral First Amendment to Agreement with
SPX/Genfare Corporation for the Bus Rapid Transit fare collection
system
Sponsors:Department of Transportation
1-P ID18-0566
Page 8 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
Sponsors:Planning and Development Department
CEREMONIAL PRESENTATIONS
ID18-0560 Presentation of the SPCA Pet of the Month
Sponsors:Council President Brandau
ID18-0382 Proclamation honoring Deli Delicious.
Sponsors:Councilmember Soria and Councilmember Bredefeld
ID18-0455 ASE Blue Seal of Excellence Recognition, Fleet Management
Sponsors:Department of Transportation
ID18-0492 Proclamation of “The Betts Company Day”.
Sponsors:Councilmember Chavez and Mayor's Office
ID18-0496 Proclamation of “Elder Abuse Services, Inc.”
Sponsors:Councilmember Chavez
ID18-0524 Proclamation of “Grizzly Fest 2018 Day”
Sponsors:Baines III and Vice President Caprioglio
ID18-0525 Proclamation of “Water Conservation Month”
Sponsors:Vice President Caprioglio
ID18-0564 Proclamation of “Municipal Clerks Week”
Sponsors:Councilmember Soria
ID18-0573 “Proclamation by District 4”
Sponsors:Vice President Caprioglio
ID18-0576 Proclamation of “Ron Scott” Day
Sponsors:Mayor's Office and Councilmember Soria
ID18-0588
Proclamation of “Teen Pregnancy Prevention Month”
Sponsors:Councilmember Soria
APPROVE MINUTES
Page 9 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
18-0025 Approval of minutes from April 19, 2018.
Sponsors:Office of the City Clerk
COUNCILMEMBER REPORTS AND COMMENTS
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID18-0554 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. 87
(Final Tract Map No. 6158) (northeast of the intersection
of East Kings Canyon Road and North Fowler Avenue )
(Council District 5)
1.***RESOLUTION - to Annex Territory to
Community Facilities District No. 11 and
Authorizing the Levy of a Special Tax for
Annexation No. 87 (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
2017-2018 and Future Tax Years Within and
Relating to Community Facilities District No .
11, Annexation No. 87 (Subject to Mayor’s
Veto)
Sponsors:Public Works Department
10:00 A.M.#2
ID18-0552 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. 88
(west side of North Armstrong Avenue between East
Shields and Clinton Avenues) (Council District 4)
1.***RESOLUTION - to Annex Territory to
Community Facilities District No. 11 and
Page 10 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
Authorizing the Levy of a Special Tax for
Annexation No. 88 (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
2017-2018 and Future Tax Years Within and
Relating to Community Facilities District No .
11, Annexation No. 88 (Subject to Mayor’s
Veto)
Sponsors:Public Works Department
10:00 A.M.#3
ID18-0553 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. 27
(Final Parcel Map No. 2006-38) (east side of South
East Avenue between East Central and North Avenues )
(Council District 3)
1.***RESOLUTION - Annexing Territory to
Community Facilities District No. 9 and
Authorizing the Levy of a Special Tax (Subject
to Mayor’s Veto)
2.***RESOLUTION - Calling Special
Mailed-Ballot Election (Subject to Mayor’s
Veto)
3.***RESOLUTION - Declaring Election
Results (Subject to Mayor’s Veto)
4.***BILL - (For introduction and adoption) -
Levying a Special Tax for the Property Tax Year
2017-2018 and Future Tax Years Within and
Relating to Community Facilities District No. 9,
Annexation No. 27 (Subject to Mayor’s Veto)
Sponsors:Public Works Department
10:05 A.M.
ID18-0550 HEARING - To vacate a public utility easement on the northwest
corner of East Church Avenue and South Chestnut Avenue .
(Council District 5)
Page 11 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
1.***RESOLUTION - Ordering the vacation of a public utility
easement on the northwest corner of East Church Avenue and
South Chestnut Avenue (Subject to Mayor’s veto)
Sponsors:Public Works Department
10:10 A.M.
ID18-0248
HEARING to obtain public comments regarding implementation of
the City’s proposed activities with federal grant funding pertaining
to the City of Fresno 2018-2019 Annual Action Plan
Sponsors:Planning and Development Department
10:15 A.M. #1 SCHEDULED COMMUNICATION
ID18-0460 Appearance by Gidai Maaza and Cesar CasaMayor to discuss
cannabis
10:15 A.M.#2
ID18-0590 Appearance by Carmen Navarro to discuss Fresno Senior Centers
1:30 P.M.
ID18-0592 Workshop relating to procurement
Sponsors:Finance Department
2:00 P.M.
ID18-0589 Recognition of the Fresno Youth Commission
Sponsors:Councilmember Soria
3. GENERAL ADMINISTRATION
3-A ID18-0491 BILL - (For introduction) - Replacing Section 4-104 of the Fresno
Municipal Code and Rescinding Resolution No. 2003-130, Relating
to Debarment
Sponsors:Public Works Department
3-B ID18-0532
Actions pertaining to the purchase of a building located at 911 H
Street:
Page 12 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
1.***RESOLUTION - 66th Amendment to the Annual
Appropriation Resolution No. 2017-165 to appropriate
$3,100,000 to establish sufficient funding for the purchase of
the Fire Department’s Headquarters building located at 911
H Street, Fresno, CA 93721 (Requires 5 affirmative votes)
(Subject to Mayor’s veto)
2.Approve Loan Agreement for an interfund loan from the
Wastewater Operation Fund and Sewer Stabilization Fund
to the General Fund
3.Authorize the City Manager or designee to execute an
agreement for purchase and sale of property and any
necessary documents for APN 467-040-24, 911 H Street,
Fresno, California 93721 for $4,400,000 from Sellers, EIE
Alpha, LLC., a California Limited Liability Company, Legacy
DG Properties, LLC, and the Jason and Kymberly Family
Geil Trust (Council District 3)
Sponsors:Office of Mayor & City Manager
3-C ID18-0568 ***RESOLUTION - Of Intention to Increase the Annual Assessment
for Tract 3884 of Landscaping and Lighting District No. 1. (Subject
to Mayor’s veto)
Sponsors:Public Works Department
4. CITY COUNCIL
4-A ID18-0547 Council Boards and Commissions Communications, Reports,
Assignments and/or Appointments, Reappointments, Removals
to/from City and non-City Boards and Commissions:
1. Council of Governments - Mayor Brand-Ex-Officio
(Olivier-Alternate)
2. Finance and Audit Committee - Bredefeld, Olivier,
Brandau
3. Fresno Area Workforce Investment Corporation - Soria
4. Fresno County Transportation Authority (FCTA) - Mayor
Brand-Ex-Officio, (Brandau-Alternate)
5. Fresno Regional Workforce Development Board - Baines
6. Fresno County Zoo Authority - Mayor Brand-Ex-Officio,
(Baines-Alternate)
7. Fresno Madera Area Agency on Aging Board - Olivier
8. Joint Powers Financing Authority - Mayor Brand,
President Soria, Councilmember Caprioglio
9. San Joaquin River Conservancy Board - Mayor
Brand-Ex-Officio, (Brandau-Alternate)
10. Association for the Beautification of Highway 99 - Baines
Page 13 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
11. Upper Kings Basin Integrated Regional Water Management
JPA - Brandau (Olivier, Michael Carbajal and Vacant -
Alternates)
12. Economic Development Corporation Serving Fresno County
- Caprioglio-Ex-Officio, City Manager Wilma
Quan-Schecter and (Chavez - Alternate)
13. League of California Cities (Annual Meeting) - Mayor
Brand, (Olivier-Alternate)
14. Litigation Exposure Reduction Ad Hoc Committee -
Brandau, Caprioglio
15.Sub- Committee on Transportation - Baines, Caprioglio,
Soria
16.Code Enforcement Sub-Committee - Baines, Caprioglio,
Soria
17.Enterprise and Construction Management Oversight Board -
Councilmember Chavez, Bredefeld-Alternate
18.School Liaison Sub-Committee - Soria - Chair, Olivier,
Baines
19. North Kings Groundwater Sustainability Agency (GSA) Joint
Powers Authority - Mayor Brand (Michael Carbajal, Tim
Orman - Alternates)
Sponsors:Councilmember Soria
4-B ID18-0607 Update on Grizzly Fest - information regarding security, traffic
control, traffic in the neighborhoods, and parking.
Sponsors:Councilmember Bredefeld
5. CLOSED SESSION
5-A ID18-0533
PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Government Code Section 54957
Title: City Attorney
Sponsor: Council President Esmeralda Z. Soria
CONFERENCE WITH LABOR NEGOTIATORS - Government
Code Section 54957.6
City Negotiator(s): Council President Esmeralda Z. Soria
Unrepresented Employee: City Attorney
Sponsors:Councilmember Soria
5-B ID18-0583
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION -
Page 14 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
Government Code Section 54956.9, subdivision (d)(1)
1.California Grocers Association v. City of Fresno; Fresno
Superior Court Case No.: 17CECG03787
Sponsors:City Attorney's Office
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
MAY 17, 2018
10:00 A.M.HEARING to consider Annexation Application No. ANX-18-001,
Pre-zone Application No. R-18-001, and the related Environmental Assessment
No. ANX-18-001/R-18-001, for property bounded between West Shaw and West
Gettysburg Avenues and between North Bryan and North Haynes Avenues in the
County of Fresno, California. (Council District 1)
MAY 24, 2018
10:00 A.M. - HEARING re: Pre-zone Application No. R-17-008 to pre-zone the
property from the Fresno County RR (Rural Residential) zone district to the City of
Fresno RS-3 (Single Family Residential, Low Density) and RS-5 (Single Family
Residential, Medium Density) zone districts. Annexation Application No.
ANX-17-004 to initiate annexation proceedings for detachment from the Fresno
County Fire Protection District and the Kings River Conservation District and
annexation to the City of Fresno. Conditional Use Permit Application No.
C-17-062 which proposes the phased construction of a 56,324 square foot
residential care facility on a 4.76 acre portion of the project site.
May 24, 2018
Page 15 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
Presentation of the Mayor's Fiscal Year 2018-2019 Budget
JUNE, 2018 - (Date and time to be determined)
CONTINUED HEARING to consider Supplemental Environmental Impact Report
(SEIR) No. 10151 (State Clearinghouse (SCH) No. 2017031030), Rezone
Application
No. R 17 021, Development Permit No. D 16 088 and Variance Application No. V
17 01 for the Producers Dairy Project located on the south side of E. Belmont
Avenue
between N. Ferger and N. Roosevelt Avenues in the City of Fresno. (Council
District 3)
June 14, 2018
10:00 A.M. - HEARING - Regarding the vacation of a portion of W. Neilsen
Avenue, west of South West Avenue. (Council District 3).
June 14, 2018
10:05 AM #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. 29 (Assessor’s Parcel Number 509-290-07) (southwest corner of
North Figarden and West Bullard Avenues) (Council District 2)
June 14, 2018
10:05 AM #2 - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 9,
Annexation No. 28 (Final Parcel Map No. 2017-05) (north side of West Herndon
Avenue between North Blythe and Milburn Avenues) (Council District 2)
June 14, 2018
10:15 A.M. - CONTINUED HEARING to consider the extension of time of a
Development Agreement for the Marketplace at El Paseo generally located on the
southwest corner of West Herndon Avenue and North Riverside Drive covering
74.4 acres of property. (Council District 2)
June 28, 2018
10:00 A.M. - HEARING to Increase the Annual Assessment for Landscaping and
Lighting District No. 1 Tract 3884 (Council District 2)
Page 16 City of Fresno ***Subject to Mayoral Veto
May 10, 2018City Council Meeting Agenda - Final
July 19, 2018
10:15 AM - CONTINUED HEARING to consider the Official Plan Line (OPL) for the
North Temperance Avenue alignment from State Route 180 to East Clinton
Avenue, and, related Environmental Assessment No. EA-17-018. (Council District
4, Council District 5)
UPCOMING EMPLOYEE CEREMONIES
JULY 19, 2018 - Employee of the Summer Quarter
OCTOBER 18, 2018 - Employee of the Fall Quarter
NOVEMBER 7, 2018 (Wednesday) - Employee Service Awards
2018 CITY COUNCIL MEETING SCHEDULE
MAY 17, 2018 - 9:00 A.M. MEETING
MAY 24, 2018 - 9:00 A.M. - MEETING
MAY 31, 2018 - NO MEETING - MEMORIAL DAY
JUNE 7, 2018 - NO MEETING
JUNE 14, 2018 - 9:00 A.M. MEETING
JUNE 21, 2018 - 9:00 A.M. MEETING
JUNE 28, 2018 - 9:00 A.M. MEETING
BUDGET HEARINGS: (Subject to Change)
JUNE 5, 2018
GF Overview, City Attorney's Office, Police Dept., Fire Dept., PARCS, City Clerk's
Office
JUNE 6, 2018
Information Services Dept., Finance Dept., Personnel Services Dept., Convention
Center
JUNE 11, 2018
Transportation Dept. (FAX), Airports Dept., DARM, GCP
JUNE 12, 2018
Public Works Dept., Dept. of Public Utilities, City Council Offices, Mayor and City
Manager's Office
JUNE 19, 2018 - VOTE ON MOTIONS
JUNE 21, 2018 - VOTE ON FINAL BUDGET
JUNE 28, 2018 - RESERVED IF NEEDED FOR FINAL BUDGET VOTE
Page 17 City of Fresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0472 Agenda Date:5/10/2018 Agenda #:1-A
REPORT TO THE CITY COUNCIL
DATE:May 10, 2018
FROM:YVONNE SPENCE, City Clerk
Office of the City Clerk
SUBJECT
Approve a 5-year renewal of the contract with Netfile in the amount of $140,000 to provide the
continued City Software system that allows for electronic filings of Campaign Statements and
Statements of Economic Interest (SEI) forms.
RECOMMENDATION
Staff recommends that the City Council approve the renewal of this contract for an additional five (5)
years. With five years of data and training invested in this software, and to avoid any interruptions in
service, which would also involve a large data transfer and a new learning curve to implement a new
system, the City Clerk’s Office believes it is in the City’s best interest to amend the contract and
extend the relationship with Netfile.
EXECUTIVE SUMMARY
The City of Fresno staff, incumbents and candidates have been utilizing the NetFile system since
2013 to file campaign statements and Form 700 in compliance with the FPPC. Conditions of the
agreement include: the system can be cancelled with no penalties at any time; all data created in the
system is the property of the City of Fresno; if the City ever discontinues using the system for any
reason, all data will be returned to the City by NetFile within 10 working days; NetFile provides
excellent customer service. Even though their support team states that they will respond within three
working days, they continue to respond to questions within hours, not days.
For the past five years, NetFile continually provided training to the Clerk staff, the City’s Liaison and
filers on an ongoing basis at no charge.
The staff, incumbents and candidates have been using the NetFile system for approximately five
years. During this time NetFile has stored huge amounts of data without issue or interruption to our
processes. Users are becoming more accustomed to utilizing the system and in 2018 for the first
time more than 88% of filers filed their SEI forms by the deadline of April 2, 2018. Part of the
increased utilization can be attributed to the ease of the NetFile system and utilizing department
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liaison’s to help the City Clerk’s Office stay abreast of the filing status.
BACKGROUND
On June 27, 2013, the City Council approved the initial contract that contained four (4) one year
renewals; this was approved as a Sole Source, which expires in June 2018. Netfile continues to be
a Sole Source Vendor, See Sole Source letter written by Netfile attached.
ENVIRONMENTAL FINDINGS
This is not a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference was not implemented because this is a renewal of an existing contract.
FISCAL IMPACT
The funding source is the City Clerk’s budget under “computer software”. The cost is $28,000 per
year for five years for a total of $140,000.
Attachments:Sole Source Letter From Netfile
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April 30, 2018
Yvonne Spence
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA 93721
Dear Yvonne:
Thank you for the e-mail. As promised, here is some background information regarding sole
source information for NetFile’s Campaign Disclosure and Form 700 e-filing systems.
Background
NetFile offers hosted systems that provide you with an extremely affordable solution that will
enable you to paperlessly electronically file your Campaign and Form 700 Statements. NetFile
was the first to market an electronic Campaign Disclosure e-filing and administration system
back in 2003. This was a result from a lead from the Secretary of State of CA that led to our first
client (the County of Santa Clara Registrar of Voters). Santa Clara continues to use us today. A
NetFile client (San Francisco) sponsored the legislation that led to AB2452 which allows local
governments to paperlessly file Campaign Statements. NetFile made history with the first ever
paperless filing of a Campaign Statement in CA through the City of San Diego back on January
22, 2013.
NetFile was also first to market an electronic filing system for Form 700 filings back in 2006 for
San Bernardino County (who is still a client today). Over 70% of Cities that use an e-filing
system in CA today use NetFile!
Who Uses NetFile
NetFile is currently being used by 128 local government agencies in California today.
The NetFile Difference for Sole Sourcing
NetFile’s unique features allow our clients to sole source us as a vendor. These features are:
1) No other vendor offers off the shelf commercial software for creating Campaign Disclosure
documents. This is extremely important for committees who want more features than what are
provided in the free filing software. The free filing software allows a committee to record and
file its data but is not as feature laden as commercial off the shelf software. For example, a large
committee may want to have any number of people have access at different levels into the filer
system for various reasons. This is but one reason why a committee may want to choose to pay
for off the shelf commercial software.
NetFile
2707 Aurora Road
Mariposa, CA 95338
Tel (209)742-4100
Fax (209)391-2200
2) NetFile was founded in 1998 and was the first vendor in CA to file a Campaign Disclosure
Statement in CA back in the year 2000. NetFile was instrumental in helping shape the cal filing
spec back in the late 1990s that is still being used today by the Secretary of State and every
electronic filing local government agency in CA.
3) NetFile’s support group is unparalleled with an average of 13 years of experience in
Campaign Disclosure support.
4) NetFile is the only company offering both single and dual signature verification options for
Campaign agencies.
5) NetFile is the only vendor who offers public viewing portals (regular and advance versions)
free of charge for all clients. NetFile has several INDUSTRY EXCLUSIVE features on both its
regular and advanced portals. For transparency, no other vendor comes close!
6) NetFile is the only company offering all the FPPC forms to be filed through the free filer
application.
7) NetFile is the only vendor who doesn’t use cloud services for hosting. NetFile hosts on its
own servers in a top tier colocation facility located in the Bay Area of California.
8) NetFile offers INDUSTRY EXCLUSIVE mobile applications for Form 700 filings not
available from any other vendor.
9) NetFile does not make any political contributions to local committees for any reason
whatsoever. There is one other vendor trying to enter this market space that has a history of
making contributions in Orange County to local candidate controlled committees whose
candidates also have signed contracts with the vendor. Documentation can be supplied upon
request.
10) NetFile’s Campaign system is the only system recommended for local governments by the
California Political Treasurers Association.
11) Last but not least, one of the most important advantages with NetFile is all your revenue
spent with NetFile stays in CA. NetFile is proud of the fact we are 100% based in CA.
If you have any question, please let me know.
Best regards,
Tom Diebert
Vice President, NetFile
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0515 Agenda Date:5/10/2018 Agenda #:1-B
REPORT TO THE CITY COUNCIL
DATE:May 10, 2018
FROM:YVONNE SPENCE, City Clerk
Office of the City Clerk
SUBJECT
***RESOLUTION - 545th amendment to the Master Fee Schedule (MFS) Resolution 80-420 to add a
notice of intent to circulate petition fee to the General Government Section of the Master Fee
Schedule (Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends that the City Council approve the 545th Amendment to the MFS Resolution
80-420 to add a Notice of Intent to Circulate Petition Fee to the General Government Section of the
Master Fee Schedule (MFS).
EXECUTIVE SUMMARY
The Office of the City Clerk is recommending that a fee for filing a notice of intent to circulate an
initiative petition be added to the Master Fee Schedule in accordance with requirements set forth in
the California Elections Code.
BACKGROUND
Elections Code, Section 9202 (b) states “Any person filing a notice of intent with the elections official
shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to
be refunded to the filer if, within one year of the date of filing the notice of intent, the elections official
certifies the sufficiency of the petition.”
Adding the proposed fee for filing a notice of intent to circulate an initiative petition will put the City in
compliance of the Election Code.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section
15378, this item is not a project and is therefore exempt from CEQA requirements.
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LOCAL PREFERENCE
This item does not involve a competitive bid therefore local preference is not applicable.
FISCAL IMPACT
Approval of the proposed fee will likely have no impact on the General Fund as the fee is minimal
and refundable within one year
Attachment:Resolution
Exhibit A - Revised Master Fee Schedule
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0473 Agenda Date:5/10/2018 Agenda #:1-C
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:KERRI L. DONIS, Fire Chief
Fresno Fire Department
SUBJECT
Award a Consultant Services Agreement in an amount not to exceed $77,111.30 to EMG Corporation
to conduct Facility Condition Assessments on the City of Fresno fire stations as outlined in the
Request for Proposals issued by the City (Bid File 100317).
RECOMMENDATIONS
Staff recommends that Council authorized the Fire Chief or designee(s)to execute an agreement
with EMG Corporation to conduct Facility Condition Assessments on the City of Fresno fire stations
as outlined in the Request for Proposals (RFP) issued by the City (Bid 100317).
EXECUTIVE SUMMARY
In September,2017 the City distributed RFP Bid File 100317 seeking a consultant to conduct Facility
Condition Assessments on all nineteen metro fire stations.The assessments will assist the
department in identifying,prioritizing,and budgeting its short term and long term capital improvement
needs for each fire station.Ten proposals were received for Bid File 100317.Each proposal was
reviewed and evaluated by a selection committee and three finalists consultants were selected and
interviewed to discuss the goals of the project.EMG Corporation was selected on the basis of their
overall qualifications and subject matter expertise.
BACKGROUND
Department’s Fiscal Year 2018 adopted budget included $140,000.00 in appropriations for a
consultant to conduct Facility Condition Assessments on all of the department’s nineteen metro fire
stations.Fourteen stations are more than 30 years old,including seven stations that are more than
40 years old.Each of these stations is occupied 24 hours a day,7 days a week,365 days a year.
For planning purposes,capital assessments of the facilities are needed to evaluate conditions of the
stations and their key elements and establish priorities for future improvements and their estimated
costs.
The Fresno Fire Department has nineteen metro fire stations situated throughout the City of Fresno.
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Listed below are each of the stations, year of construction, footage, and addresses:
Yr Built Sq Ft Address
Fire Station 1 1981 7,934 1264 N. Jackson
Fire Station 2 1981 5,135 7114 N. West
Fire Station 3 1938 13,011 1406 Fresno
Fire Station 4 1948 15,674 3065 E. Iowa
Fire Station 5 1950 6,441 3131 N. Fresno
Fire Station 6 1967 4,602 4343 E. Gettysburg
Fire Station 7 1981 6,531 2571 S. Cherry
Fire Station 8 1959 6,762 1428 S. Cedar
Fire Station 9 1982 7,353 2340 N. Vagedes
Fire Station 10 1983 5,296 5545 Airport Wy
Fire Station 11 1969 13,126 5544 N. Fresno
Fire Station 12 1977 5,053 2874 W. Acacia
Fire Station 13 1980 7,467 815 E. Nees
Fire Station 14 1992 10,777 6239 N. Polk
Fire Station 15 2005 10,788 5630 E. Park Cir
Fire Station 16 2009 11,003 2510 N. Polk
Fire Station 17 2005 10,855 10512 N. Maple
Fire Station 18 2005 2,300 5938 N. La Ventana
Fire Station 19 2009 10,890 3187 W. Belmont
As noted above,these fire stations are occupied every day of the year;therefore,subject to wear and
tear.A number of stations are experiencing cracks in floors,walls,and plumbing issues in restrooms.
The department currently attempts to address these items as they occur and as available funding
allows.
With a Facility Condition Assessment by a qualified third party consultant,the Fire Department will
achieve a responsible and sensible plan for its current and future capital needs as well as related
funding requirements.This will allow for pro-active planning to prevent more expensive
improvements and provide for a basis for capital budget planning.
A selection committee reviewed and evaluated ten respondent proposals to conduct the
assessments.Three finalists were selected for interview.Upon conclusion of the evaluations and
interviews,EMG was selected based on their overall qualifications and relevant experience for this
project as well as a contract price under the set budget. The selection committee included:
Richard Cabral, Deputy Chief, Fresno Fire Department
Ted Semonious, Deputy Chief, Fresno Fire Department
Mike Getty, Business Manager, Fresno Fire Department
Keith Sipe, Facilities Division Manager, Fresno Fire Department
ENVIRONMENTAL FINDINGS
This item is not a project as defined by the California Environmental Quality Act.
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LOCAL PREFERENCE
Local preference was not applied since EMG was selected on basis of subject matter expertise.
FISCAL IMPACT
Appropriations for this project were included in the Fire Department’s Fiscal Year 2018 adopted
budget.
Attachment:
EMG Contract
Bid File No. 100317
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0522 Agenda Date:5/10/2018 Agenda #:1-D
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:WILMA QUAN-SCHECTER, City Manager
Mayor and & City Manager’s Office
LAURA GLORIA, Deputy City Manager
Mayor and & City Manager’s Office
SUBJECT
Approval of a First Amendment to the Agreement entered between the City of Fresno and the Central
California Society for the Prevention of Cruelty to Animals.
RECOMMENDATION
Staff recommends that the City Council approve an extension to the Agreement entered between the
City of Fresno and the Central California Society for the Prevention of Cruelty to Animals for one year
effective June 30, 2018.
EXECUTIVE SUMMARY
The Central California Society for the Prevention of Cruelty to Animals (CCSPCA)provides the City
of Fresno (City)with all animal control,pound master,veterinary and animal sheltering services,and
facilities per a contract entered in March of 2014 renewable annually through June 30,2018.The City
and the CCSPCA have been reviewing the terms of the contract since late 2017 but need additional
time to continue to negotiate the details as well as draft a comprehensive plan for animal control.As
such,staff recommends that the Council approve a one year “as is”extension to allow discussions to
continue as well as give Council appropriate time to consider the new proposed contract.
BACKGROUND
The current agreement with the CCSPCA has been in effect since March of 2014,since then,the
CSSPCA has continued to provide the City with animal control services including animal control,
pound master,veterinary and animal sheltering services as required of the City and enforceable
under federal,state,and local law.These services include enforcement of the City’s dog licensing
ordinance,enforcement of the City’s ordinance prohibiting unrestrained animals running at large,
operations and maintenance of a safe and adequate shelter for the humane confinement treatment
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File #:ID18-0522 Agenda Date:5/10/2018 Agenda #:1-D
operations and maintenance of a safe and adequate shelter for the humane confinement treatment
and disposal of all animals,emergency response,disposal of any and all animals under care of the
CCSPCA veterinary services,lost animal informational services,and maintenance of animal records.
In late 2017,the CCSPCA presented a workshop to council on the various levels of service provided
including dispatch operations,animal control officers and a dashboard on the volumes of stray
populations,animal intakes,and euthanasia.Since then,the City has been working with the
CCPSCA to form a comprehensive plan to address the increasing amount of stray population
resulting in increased costs and an increase in health and safety issues to the residents of Fresno.
As the agreement is set to expire on June 30,2018,staff recommends that the City Council approve
an extension to the Agreement entered between the City of Fresno and the CCSPCA for one year.
The extension will keep all other terms of the contract as is and will allow discussions to continue as
well as give Council appropriate time to consider the new proposed contract.
ENVIRONMENTAL FINDINGS
This is not a project under California Environmental Quality Act (CEQA)pursuant to CEQA
Guidelines Section 15378.
LOCAL PREFERENCE
Local preference does not apply because this is an extension of an existing agreement.
FISCAL IMPACT
The FY 2019 Proposed Budget includes $3,803,300 to fund the one year extension of the contract.
FY 2019 appropriations will be budgeted to cover payments under the General City Purpose
Department.
Attachment:
1st Amendment to the Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0535 Agenda Date:5/10/2018 Agenda #:1-E
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:COUNCIL PRESIDENT SORIA
City Council Offices
SUBJECT
***RESOLUTION - To move $50,000 from contingency to the City Attorney’s Office budget for hiring a
Budget Analyst. (Subject to Mayor’s veto)
RECOMMENDATION
It is recommended that Council approve the attached resolution allocating $50,000 from contingency
to the City Attorney’s budget to fund a budget analyst.
EXECUTIVE SUMMARY
The City Attorney’s Office budget contains a $50,000 contingency for analysts for the City Attorney’s
Office.Council now wishes to remove the $50,000 from contingency and use it to fund a budget
analyst through the City Attorney’s Office.This reallocation does not increase appropriations;it
moves existing appropriations from the contingency account to the outside professional
services/consulting account.
ENVIRONMENTAL FINDINGS
This is not a project for CEQA purposes.
LOCAL PREFERENCE
Not applicable.
FISCAL IMPACT
This reallocation does not increase appropriations;it moves existing appropriations from contingency
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into the outside professional/consulting services account.
Attachment:Resolution
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0537 Agenda Date:5/10/2018 Agenda #:1-F
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:MICHAEL LIMA, Director/Controller
Finance Department
JENNIFER K. CLARK, AICP, HDFP, Director
Development and Resource Management Department
BY:DAN ZACK, AICP, Assistant Director
Development and Resource Management Department
SUBJECT
Action pertaining to Mobile Vendor Permits
1.***BILL NO.B-22 -(Intro.4/19/2018)(For adoption)-Amending Article 11 of Chapter 9 of The
Fresno Municipal Code, Relating to Mobile Vendors (Subject to Mayor’s veto)
RECOMMENDATIONS
1.Staff recommends Council consider for introduction the proposed Ordinance amending
Article 11 of Chapter 9 of the Fresno Municipal Code (FMC),which would simplify
permitting requirements for mobile vendors.
2.Staff recommends Council adopt the proposed Resolution,which amends the Master Fee
Schedule to delete the Merchandise Peddler Cash Bond Fee.
EXECUTIVE SUMMARY
The current permitting requirements for mobile vendors were established in 2003.At that time,ice
cream trucks were the most prominent mobile vendors operating in the City,along with a limited
number of food trucks which visited construction sites and other workplaces.In recent years food
trucks have gained tremendous popularity nationwide,including Fresno.The types of vendors and
the settings in which they sell their goods have grown in number and are much more varied than in
the past.To accommodate this growth and diversification,changes to permitting requirements are
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necessary.
BACKGROUND
The current permitting requirements for mobile vendors,which are administered by the Finance
Department,were established in 2003.At that time,ice cream trucks were the most prominent mobile
vendors operating in the City,along with a limited number of food trucks which visited construction
sites and other workplaces.
In recent years food trucks have gained tremendous popularity nationwide.The types of vendors
have grown in number and are much more varied than in the past.Cities such as Los Angeles and
Portland are well known for the wide variety of new vendors offering gourmet and fusion cuisine,but
these trends are also taking hold in Fresno in a very significant way.Mobile vending provides
entrepreneurial opportunities with relatively low start up and overhead costs,and the wide variety of
foods from multiple ethnic traditions,price points,and innovative techniques have attracted a large
following in the public.Some vendors also offer non-food products,such as clothing and small
furnishings.
Instead of being limited to neighborhood streets,as with traditional ice cream trucks,or worksites,as
traditional food trucks were,mobile vendors can now be found in a wide array of settings.Businesses
such as Gazebo Gardens and Tioga Sequoia Brewing feature multiple mobile vendors on their sites
on Friday and Saturday evenings.This allows these businesses to have food available for patrons
without the expense of building a commercial kitchen,and it provides a busy location for the mobile
vendors to offer their products.Special events such as FresYes,Art Hop,and Taco Truck Throwdown
have also proven to be popular places for food trucks to do business.
To accommodate this growth and diversification,changes to permitting requirements are necessary.
The goal of the proposed amendment is to make the permitting process quicker,easier,and less
expensive,while still protecting the City and the public.If adopted,this would be accomplished by
removing requirements which may overlap with those of other agencies or which are unnecessarily
more burdensome for mobile vendors than their brick-and-mortar counterparts.Finance staff
conducted extensive research into the practices of peer cities in the Central Valley,the State of
California, and other states to understand the range of solutions available and best practices.
As proposed, the Mobile Vendor Permit requirements would change in the following ways:
Types of Vendors Requiring a Permit:All mobile vendors are currently required to obtain a Mobile
Vendor Permit from the City of Fresno.If the proposed amendment is adopted,only those vendors
operating in vehicles requiring registration with the California Department of Motor Vehicles (DMV)
would be required to acquire a Mobile Vendor Permit from the City.Push carts and other vendors
which do not require DMV registration would be exempt from City of Fresno permitting.
Fingerprinting:Presently all mobile vendors,including all employees,are required to be fingerprinted
and subjected to a Department of Justice background check.This requirement would be removed for
all mobile vendors except ice cream trucks.
$500 Bond:A one-time security bond of $500 is presently collected by the Finance Department prior
to the issuance of a Mobile Vendor Permit.Under the proposed Mobile Vendor Ordinance
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to the issuance of a Mobile Vendor Permit.Under the proposed Mobile Vendor Ordinance
amendment this requirement would be removed for all mobile vendors.While the Municipal Code has
specified the imposition of a bond in order to receive a mobile vendor permit,it is silent on the
amount of that bond.The City has addressed that silence by establishing a $500 amount for the bond
in the Master Fee Schedule.For consistency,it is necessary to also adopt a Master Fee Schedule
amendment to eliminate that bond amount at the same time that the language requiring a bond is
removed from the Municipal Code.
Insurance:Automobile,Liability and Workers Compensation Insurance coverage is presently required
of all mobile vendors prior to issuance of a permit from the City.The proposed amendment would
remove this requirement and replace it with an indemnification and hold-harmless requirement for all
mobile vendors.
It should be noted that the proposed changes are confined to permitting requirements,which are
located in Chapter 9 of the Municipal Code (Regulations Regarding Businesses and Personal
Conduct).Regulations for locations at which mobile vendors are allowed to operate,spacing
requirements from brick-and-mortar restaurants,and the length of time mobile vendors may operate
in a given location and are located in Chapter 15 of the Municipal Code (Citywide Development
Code)and these requirements would not be affected by the proposed amendment.Those
requirements were updated extensively in 2015.
ENVIRONMENTAL FINDINGS
By definition provided in the California Environmental Quality Act Guidelines Section 15378 this
ordinance does not qualify as a “project”and is therefore exempt from the California Environmental
Quality Act requirements.
LOCAL PREFERENCE
Local preference does not apply because this ordinance does not include a bid or award a
construction or services contract.
FISCAL IMPACT
No fiscal impact will occur as a result of amending the Mobile Vendor Ordinance.All costs for
permitting will be borne by the owners, operators and users of the mobile vendors.
Attachments: A. Ordinance Amending the Mobile Vendor Permit Requirements
B. Resolution Amending the Master Fee Schedule
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0278 Agenda Date:5/10/2018 Agenda #:
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
LARRY WESTERLUND
Director of Economic Development
SUBJECT
Action related to previously approved Reimbursement Agreement,California High Speed Rail Heavy
Maintenance Facility with the Fresno County Transportation Authority:
1.***RESOLUTION -65th Amendment to the Annual Appropriation Resolution (AAR)No.2017-
165 to appropriate $250,000 for purchase and sales agreements to acquire properties within
the proposed Fresno High Speed Rail Heavy Maintenance Facility footprint.(Requires 5
affirmative votes) (Subject to Mayor’s veto)
RECOMMENDATIONS
Staff recommends that the City Council take the following actions:
Adopt the 65th Amendment to the Annual Appropriation Resolution (AAR)No.2017-165 to
appropriate $250,000 for purchase and sales agreements to acquire properties within the
proposed Fresno High Speed Rail Heavy Maintenance Facility (HMF) footprint.
EXECUTIVE SUMMARY
In accordance with the Reimbursement Agreement with the Fresno County Transportation Authority
(FCTA),previously approved by Council on April 6,2017,staff recommends the Council adopt the
attached 65th amendment to appropriate $250,000 of new Measure “C”revenues from the FCTA.The
funds will be used exclusively for purchase and sales agreements to acquire properties within the
proposed High Speed Rail HMF footprint.
BACKGROUND
In 2010,the California High Speed Rail Authority issued a request for information for potential sites
within the Central Valley to be used for its HMF site.The Fresno COG Policy Board and the FCTA
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within the Central Valley to be used for its HMF site.The Fresno COG Policy Board and the FCTA
Board approved Amendment No.1 to the Measure “C”Expenditure Plan which authorized $25 million
to be used for a variety of purposes related to securing the HMF,including the assembly of the
necessary parcels.
On April 6,2017,the City of Fresno entered into a reimbursement agreement with FCTA for purchase
and sales agreements to acquire properties within the proposed Fresno High Speed Rail HMF
footprint.The total non-refundable deposit amount is not to exceed $500,000 over two years.
$250,000 was expended during the previous fiscal year (FY2017),but an amendment to the Annual
Appropriations Resolution (AAR)is necessary for staff to move forward with the second year
extensions.
Staff recommends the Council appropriate $250,000 from the Measure “C”funding pursuant to the
Reimbursement Agreement with FCTA,to allow staff to issue the first non-refundable deposit(s)to
property owners from whom property is to be acquired for up to $250,000 in Fiscal Year 2018.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378
reimbursements does not qualify as a project and is therefore exempt from the California
Environmental Quality Act requirements.
LOCAL PREFERENCE
Not applicable because this is not a competitive bid.State law requires that professional firms are
selected based on their qualifications and experience.
FISCAL IMPACT
Approval of the attached amendment will have no impact to the General Fund.Non-refundable
deposit(s)and appropriations are based on the Measure “C”Reimbursement Agreement with the
FCTA.
Attachment:
65th Amendment to the Annual Appropriations Resolution No. 2017-165
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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 65th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2017-165 TO
APPROPRIATE $250,000 FOR THE HIGH SPEED RAIL HEAVY
MAINTENANCE FACILITY LAND PURCHASE OPTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2017-165 be and is hereby
amended as follows:
Increase/(Decrease)
TO: PUBLIC WORKS DEPARTMENT
Meas C Reimbursemnt Agreemnts $ 250,000
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Meas C Reimbursemnt Agreemnts
Revenues:
Account: 33801 County-Contribution $ 250,000
Fund: 22514
Org Unit: 189901
Total Revenues $ 250,000
Appropriations:
Account: 57101 Land Acquisition $ 250,000
Fund: 22514
Org Unit: 189901
Project: PW00804
Total Appropriations $ 250,000
THAT the purpose is to appropriate $250,000 for the High Speed Rail Heavy
Maintenance Facility land purchase option.
2 of 2
CLERK’S CERTIFICATION
STATE OF CALIFORNIA}
COUNTY OF FRESNO } ss.
CITY OF FRESNO }
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting
thereof, held on the Day of , 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 #:ID18-0546 Agenda Date:5/10/2018 Agenda #:
REPORT TO THE CITY COUNCIL
May 10, 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.6177 and accepting dedicated public uses
offered therein - northeast corner of North Polk Avenue and West Olive Avenue (Council District 3)
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6177 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,Lennar Homes of California,Inc.,a California Corporation (Mike Miller,Vice
President),has filed for approval,the Final Map of Tract No.6177,Phase 2 of Vesting Tentative Map
No.6139,for a 100-lot conventional single-family residential subdivision,located on the northeast
corner of North Polk Avenue and West Olive Avenue on 18.57 acres.
BACKGROUND
The Fresno City Planning Commission on June 1,2016 adopted Resolution No.13379 approving
Vesting Tentative Map No.6139 (Tentative Map)for a 201-lot conventional single-family residential
subdivision on 38.70 acres.The Development and Resource Management Department approved a
minor revision to the Tentative Map on February 7,2017.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.6139 will expire
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provisions of the Subdivision Map Act.The approval of Vesting Tentative Map No.6139 will expire
on June 1,2018.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.6177,submitted securities in the total amount of $2,138,000.00 to guarantee the
completion and acceptance of the public improvements and $1,069,000.00 for a payment security
and has paid the miscellaneous and development impact fees due as a condition of approval for the
Final Map in the amount of $269,225.40.Covenants have been executed to defer eligible
development impact fees totaling $985,112.72 to the time of issuance of building permit and final
occupancy of each unit,for maintenance of landscape improvements for certain lots and for annual
CFD-11 assessment notification.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,irrigation systems,and trees located at the entrance of North Barcus Avenue and
along the frontages adjacent to West Olive Avenue,concrete curbs,gutters,valley gutters,sidewalks
and curb ramps,street name signage,street lights,and local street paving 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 April 19, 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 $449.45 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 3.There will be no impact to the City’s General Fund.
Approval by the Council will result in timely deliverance of the review and processing of the Final Map
as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the
expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the
processing of this Final Map and that fee is,in turn,funding the respective operations of the PublicCity of Fresno Printed on 3/14/2023Page 2 of 3
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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. 6177
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0551 Agenda Date:5/10/2018 Agenda #:1-I
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
JEFF BECK, Engineer II
Public Works Department, Engineering Services Section
SUBJECT
RESOLUTION -To dedicate a portion of city-owned property for water main easement purposes,
located on the Inyo Street alignment, west of “H” Street (Council District 3)
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution ordering the dedication of a water
line easement,located in the Inyo Street alignment,West of H Street,as described in Exhibit “A”,and
shown in Exhibit “B” of the attached resolution.
EXECUTIVE SUMMARY
The proposed dedication is needed to accommodate the requirement for construction of a recycled
water distribution system for Department of Public Utilities.The Public Works Department seeks
dedication of water main easement to fulfill this requirement.
BACKGROUND
The proposed dedication described in Exhibit “A”and shown in Exhibit “B”of the attached resolution
is needed to accommodate the construction of a recycled water distribution system,which is
proposed by the Department of Public Utilities.
The Engineering Division,other City departments and utility agencies have reviewed the proposed
dedication and determined that the easement is adequate to accommodate the requirement for
construction of a recycled water distribution system,which is required by the Department of Public
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Utilities.
The City Attorney’s Office has approved the attached Resolution as to form.
ENVIRONMENTAL FINDINGS
This project is exempt under Sections 15301/Class 1 of the California Environmental Quality Act
(CEQA)Guidelines,Environmental Assessment No.2014-026.Under the Section 15301/Class 1
exemption,the minor alteration of existing public facilities,such as streets,sidewalks,etc.,involving
no expansion of use beyond that existing at this time,are exempt from CEQA requirements.The
proposed dedication of City owned property to accommodate the construction of a recycled water
distribution system meets the criteria noted above.No significant effects would occur as a result of
the proposed project.Therefore,the above described project complies with the conditions described
in Section 15301/Class 1 of the CEQA Guidelines.None of the exceptions to Categorical Exemptions
set forth in the CEQA Guidelines Section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference does not apply because the dedication of a water line easement at this location
does not involve bidding or contracting.
FISCAL IMPACT
On June 27,2013,the Council approved a design contract for the Recycled Water Distribution
System Segment SW1C2,Southwest Quadrant.The award of Recycled Water Distribution System
Segment SW1C2 is the fourth of five phases of the RWDS,Southwest Quadrant.Award of the
RWDS Segment SW1C2 (located in Council District 3 and Fresno County)will not impact the
General Fund.Funding for this project is included in the Wastewater Management Division’s Fiscal
Year 2018 Capital Improvement Budget within the SWRCB,SRF Loan Fund (40528).No additional
funding is needed for the dedication of a water line easement at this location.
Attachments:
Exhibit “A”
Exhibit “B”
Vicinity Map
Resolution
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0555 Agenda Date:5/10/2018 Agenda #:1-J
REPORT TO THE CITY COUNCIL
May 10, 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 Final Parcel Map No.2017-05 as Annexation No.
28 to the City of Fresno Community Facilities District No.9 and to Authorize the Levy of
Special Taxes (north side of West Herndon Avenue between North Blythe and Milburn
Avenues) (Council District 2)
RECOMMENDATION
Adopt Resolution of Intention to annex Final Parcel Map No.2017-05 as Annexation No.28 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 Final Parcel Map No.2017-05
annexed to CFD No.9 to provide funding for the operation and reserves for maintenance (“Services”)
pertaining to certain above ground improvements such as,but not limited to,the concrete curbs,
gutters,and pedestrian trail,and expressway barrier fencing fronting this subdivision.The cost for
these Services for the public improvements totals $3,978.00 annually for fiscal year 2017-2018.
Annexation No.28 is located entirely in the Fresno City Limits.The Resolution of Intention begins
the process,sets the required public hearing for Thursday,June 14,2018,at 10:05 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
landscaping,signage and general designs.CFD No.9 is designed to accommodate these
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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 Final Parcel Map No.2017-05 annexed to CFD No.9
to provide funding for the Services pertaining to certain above ground improvements such as,but not
limited to,the concrete curbs,gutters,and pedestrian trail,and expressway barrier fencing fronting
this subdivision. (Reference attached location map.)
The attached Resolution initiates the annexation process,sets the public hearing for Thursday,June
14,2018,at 10:05 a.m.,sets the Maximum Special Tax at a total of $3,978.00 to be apportioned
proportionately for each assessor’s parcel within Final Parcel Map No.2017-05 annually for FY2017-
18,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 the
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File #:ID18-0555 Agenda Date:5/10/2018 Agenda #:1-J
Resolution of Intention attached herein.
Attachments:Location Map
Resolution of Intention
City of Fresno Printed on 3/14/2023Page 3 of 3
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0556 Agenda Date:5/10/2018 Agenda #:1-K
REPORT TO THE CITY COUNCIL
May 10, 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 the territory known as Assessor’s Parcel Number
509-290-07 as Annexation No.29 to the City of Fresno Community Facilities District No.9
and to Authorize the Levy of Special Taxes (southwest corner of North Figarden and West
Bullard Avenues) (Council District 2)
RECOMMENDATION
Adopt Resolution of Intention to annex the territory known as Assessor’s Parcel Number 509-290-07
as Annexation No. 29 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 the territory known as Assessor’s
Parcel Number 509-290-07 annexed to CFD No.9 to provide funding for the operation and reserves
for maintenance (“Services”)pertaining to tree trimming of trees in tree wells,concrete curbs,gutters,
sidewalks and curb ramps,and street lighting along the frontages of this development.The cost for
these Services for the public improvements totals $1,097.00 annually for fiscal year 2017-2018.
Annexation No.29 is located entirely in the Fresno City Limits.The Resolution of Intention begins
the process,sets the required public hearing for June 14,2018 at 10:05 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
landscaping,signage and general designs.CFD No.9 is designed to accommodate these
City of Fresno Printed on 3/14/2023Page 1 of 3
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File #:ID18-0556 Agenda Date:5/10/2018 Agenda #:1-K
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 Final the territory known as Assessor’s Parcel Number
509-290-07 annexed to CFD No.9 to provide funding for the Services pertaining to tree trimming of
trees in tree wells,concrete curbs,gutters,sidewalks and curb ramps,and street lighting along the
frontages of this development. (Reference attached location map.)
The attached Resolution initiates the annexation process,sets the public hearing for May 10,2018 at
10:05 a.m.,sets the Maximum Special Tax at a total of $1,097.00 for Assessor’s Parcel Number 509-
290-07 annually for FY2017-18,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 the
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Resolution of Intention attached herein.
Attachments:Location Map
Resolution
City of Fresno Printed on 3/14/2023Page 3 of 3
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0557 Agenda Date:5/10/2018 Agenda #:1-L
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
BRADLEY KERNER, PE, Design Services Manager
Public Works Department, Engineering Division
SUBJECT
Actions pertaining to the Traffic Signal Improvements at the intersection of Belmont Avenue and
Fulton Street - Project Bid File No. 3565 (Council District 3)
1.Adopt a finding of Categorical Exemption pursuant to Class 1 Section 15301(c)(existing
facilities)of the California Environmental Quality Act (CEQA)Guidelines for the Traffic Signal
Improvements at the intersection of Belmont Avenue and Fulton Street
2.Award a construction contract to Kertel Communications,Inc.DBA Sebastian of Fresno,
California,in the amount of $385,459 for the Traffic Signal Improvements at the intersection of
Belmont Avenue and Fulton Street
RECOMMENDATION
Staff recommends that the City Council adopt a finding of Class 1 Categorical Exemption,pursuant to
Section 15301(c)of the CEQA Guidelines;award a construction contract in the amount of $385,459
to Kertel Communications,Inc.DBA Sebastian of Fresno,California,as the lowest responsive and
responsible bidder for the Traffic Signal Improvements at the intersection of Belmont Avenue and
Fulton Street,and authorize the Public Works Director or designee to sign the contract on the City’s
behalf.
EXECUTIVE SUMMARY
The proposed traffic signal improvement project at the intersection of Belmont Avenue and Fulton
Street will provide vehicle and pedestrian actuation.The project will also be included into the City’s
Intelligent Transportation System (ITS)to better serve the vehicular circulation in the area.These
improvements will provide more efficient vehicle and pedestrian movement through the intersection.
Also to be included are Americans with Disabilities Act (ADA)curb access improvements.This traffic
signal improvement project is being funded by a grant through the Highway Safety Improvement
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signal improvement project is being funded by a grant through the Highway Safety Improvement
Program (HSIP) and a local match through SB1 gas tax revenues.
BACKGROUND
The proposed traffic signal modification project at the intersection of Belmont Avenue and Fulton
Street will provide for vehicle and pedestrian actuation through the intersection.These improvements
will provide significant improvement for efficient vehicle and pedestrian movement through the
intersection.The project includes phasing improvements to the existing traffic signals,sidewalk
modifications,upgraded curb ramps and synchronization with the Caltrans freeway 180 on-ramp
signal at Fulton Street.
Public Works Department staff prepared project plans and specifications and a Notice Inviting Bids
was published in the Business Journal on March 9,2018,posted on the City’s website and faxed to 9
building exchanges.The specifications were distributed to thirty six (36)prospective bidders.Two
sealed bid proposals were received and opened in a public bid opening on April 3,2018,with bids of
$385,459 and $434,459 received.Kertel Communications,Inc.DBA Sebastian of Fresno was
deemed the lowest responsive and responsible bidder.Bids will expire within 64 days as of the bid
opening date, i.e., as of June 6, 2018.
Staff recommends awarding a construction contract to Kertel Communications,Inc.,DBA Sebastian
of Fresno for $385,459 to construct the traffic signal modification project at the intersection of
Belmont Avenue and Fulton Street and authorize the Public Works Director or his designee to sign
and execute the standardized contract on behalf of the City of Fresno.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined that
it falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301(c)(existing
facilities),which exempts the repair,maintenance or minor alteration of existing structures or
facilities,which includes existing streets,sidewalk and gutters,and no further expansion of existing
use,because the project includes installation of traffic signal facilities,crosswalks,signage and
pavement striping.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 used based on conditions of State and Federal grant funding.
FISCAL IMPACT
The traffic signal at Belmont Avenue and Fulton Street is located in Council District 3.The overall
cost of the project is $526,505 and is primarily funded by a Federal grant from the HSIP,and SB1
Gas Tax as the local match.Of the overall budget for the project,$385,459 will be used for the
construction contract award.
Attachments:
Bid Evaluation
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File #:ID18-0557 Agenda Date:5/10/2018 Agenda #:1-L
Fiscal Impact Statement
Vicinity Map
Contract
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0559 Agenda Date:5/10/2018 Agenda #:1-M
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:BRIAN S. SPINDOR, Assistant Director
Department of Public Utilities - Wastewater Management Division
BY:ROSA LAU-STAGGS, Wastewater Manager-Environmental Services
Department of Public Utilities - Wastewater Management Division
SUBJECT
Approve a First Amendment to the Lease and Agreement with Mr.James Cook for 550 acres of City-
owned land at the Fresno-Clovis Regional Wastewater Reclamation Facility,removing APN 327-030-
41 from the Lease (Council District 3)
RECOMMENDATION
Approve a First Amendment to the Lease and Agreement (Lease)with Mr.James Cook,an
individual,removing APN 327-030-41 as of January 2019,and authorize the City Manager or
designee to execute the First Amendment on the City’s behalf.
EXECUTIVE SUMMARY
On December 8,2016,the City Council approved the Lease between the City of Fresno and Mr.
James Cook for the lease of various APNs totaling 550 acres of City-owned land at the Fresno-Clovis
Regional Wastewater Reclamation Facility (RWRF).The Lease permits the lessee to plant non-food
crops irrigated with secondary treated wastewater or final effluent (Direct Reuse)provided by the
RWRF.The term of the Lease is January 1,2017,through December 31,2019,with the option of
two one-year extensions.The proposed First Amendment will remove APN 327-030-41 (65 acres)
from the Lease.Removal of this APN will not affect the other APNs under the Lease and the
remainder of the Lease will continue in full force and effect.
BACKGROUND
Wastewater Management Division (WMD)operates the RWRF which is regulated under Waste
Discharge Requirements (WDR)Order 5-01-254 issued by the California Regional Water Quality
Control Board,Central Valley Region (Board).The Board encourages use of recycled water to
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File #:ID18-0559 Agenda Date:5/10/2018 Agenda #:1-M
Control Board,Central Valley Region (Board).The Board encourages use of recycled water to
reduce the amount of secondary treated wastewater (effluent)sent to disposal ponds.WMD leases
several tracts of land within the boundaries of the RWRF and recycled water is provided to farmers
furthering the use of this valuable resource.Recycled water at the secondary treatment level
produced at the RWRF meets Title 22 Recycled Water Criteria and can only be used to irrigate crops
not for human consumption,such as cotton,or crops used for animal feed,such as alfalfa,Sudan
grass, forage, winter wheat, silage corn and other fibrous crops.
The City advertised for the lease of various APNs at the RWRF in the classified section of the local
newspaper.Information forms were sent to area farmers and parties inquiring about the lease of the
property.Three farmers submitted lease proposals.Mr.James Cook was determined to provide the
best value for the City of Fresno at $482 per acre for a total of 550 acres (all parcels).
On December 8,2016,the City Council approved the Lease with Mr.Cook.The Lease is for a period
from January 1,2017 through December 31,2019,with an option of two one-year extensions at rate
of $265,100 per year,totaling $795,300 or $1,325,500 if the two one-year options are exercised.With
the removal of 65 acres from the Lease,the annual rate will be $233,770 for the remainder of the
Lease (December 31, 2019), a total of $1,231,510 if the two one-year options are exercised.
The City Attorney has reviewed and approved the First Amendment as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378, the approval of the amendment does not qualify as a “project” for the purpose of CEQA.
LOCAL PREFERENCE
Local preference was not considered because a bid or award of a construction or services contract
is not included.
FISCAL IMPACT
The cost per acre remains at $482.With approval of the First Amendment to the Lease,anticipated
gross revenue is $233,770 annually for the remainder of the Lease,with a total of $1,231,510 if the
two one-year extensions are exercised that will go to the Wastewater Enterprise Fund.
Attachments:
Lease and Agreement between the City of Fresno and James Cook for the lease of 550 acres of
farmland at the Fresno-Clovis Regional Wastewater Reclamation Facility (Attachment 1)
First Amendment to Lease and Agreement (Attachment 2)
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0562 Agenda Date:5/10/2018 Agenda #:1-N
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:MICHAEL CARBAJAL, Interim Assistant Director
Department of Public Utilities - Utilities Planning & Engineering
BY:RAUL GONZALEZ, Professional Engineer
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
Actions pertaining to the purchase and installation of a new Bar Screen in the Headworks Building at
the Fresno/Clovis Wastewater Reclamation Facility (Council District 3)
1.Adopt a finding of Categorical Exemption of Class 1,pursuant to Section 15301(d)(Existing
Facilities) of the California Environmental Quality Act Guidelines
2.Award a construction contract in the amount of $458,500 to WM Lyles Company,of Fresno,
California (Bid File 3596)
3.Authorize the City Manager, or designee, to sign agreement on behalf of the City
RECOMMENDATIONS
Staff recommends the City Council adopt a finding of Class 1 Categorical Exemption,pursuant to
Section 15301(d)(Existing Facilities)of the California Environmental Quality Act (CEQA)Guidelines;
award a construction contract in the amount of $458,500 to WM Lyles Company,for the purchase
and installation of a Bar Screen in the Headworks Building at the Fresno/Clovis Regional Wastewater
Reclamation Facility (RWRF);and authorize the City Manager,or designee,to sign agreement on
behalf of the City.
EXECUTIVE SUMMARY
The Department of Public Utilities,Wastewater Management Division,seeks to purchase and install a
new Bar Screen unit at the Headworks Building.The four existing Bar Screens are over 20 years old
and have reached the end of their estimated useful service life requiring major repairs or
replacement.Installation of a new Bar Screen will create redundancy and allow the existing Bar
Screens to be repaired or replaced.
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BACKGROUND
The Headworks Building,at the RWRF,houses the preliminary treatment processes of the
wastewater treatment plant.During preliminary treatment,the wastewater is pumped to the
Screenings Room,where mechanical Bar Screens remove large debris that may clog pumps and
pipes.The Screenings Room was completed in 1996 with four mechanical Bar Screens and blank
spaces for the addition of two future Bar Screens.As the existing Bar Screens have reached the end
of their estimated useful service life,repairs have been needed with increasing frequency.RWRF
staff plan to install new Bar Screens in the spaces designated for future to allow staff to rebuild or
replace the existing Bar Screens while also providing system redundancy.
Plans and Specification were prepared for the project.A notice of Inviting bids was published on
February 23,2018,and posted on the City’s website.The specifications were distributed to six
prospective bidders and two bids were received and opened on April 3,2018.The bid proposal
prices were $458,500 and $479,400.The bid was evaluated to ensure;technical competence,prior
team work completed,understanding of the City’s performance requirements,related experience,
record of performance on similar projects,ability to meet identified schedule,conformance to the
specifications, ability to provide performance bond, references and price.
WM Lyles Company was the lowest responsive and responsible bidder with a submitted bid of
$458,500.The staff determination was posted on the City’s website.Staff recommends that the City
Council award a construction contract in the amount of $458,500 to WM Lyles Company as the
lowest responsive and responsible bidder.
The City Attorney has reviewed and approved as to form these contract documents.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and has determined that
it falls within Categorical Exemption Class 1,pursuant to Section 15301(d)(Existing Facilities).The
purpose of the project is to install a new Bar Screen at the Headworks Building at the RWRF.
Furthermore,staff has determined that none of the exceptions to Categorical Exemptions set forth in
the CEQA Guidelines, Section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference was not implemented because the lowest responsible and responsive bidder is a
local business.
FISCAL IMPACT
This construction contract has no impact on the General Fund and is located in Council District 3.
Funding for this project in the amount of $466,000 was included in the adopted Fiscal Year 2018
budget within the Sewer System Enterprise Fund (40501).Additional funding for project
management,inspections,and labor compliance will be included in the proposed Fiscal Year 2019
budget.
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File #:ID18-0562 Agenda Date:5/10/2018 Agenda #:1-N
Attachments:
Bid Evaluation and Fiscal Impact Report (Attachment 1)
Vicinity Map (Attachment 2)
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0561 Agenda Date:5/10/2018 Agenda #:1-O
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:JIM SCHAAD, Director
Department of Transportation
BY:BRIAN BARR, Projects Administrator
Department of Transportation
SUBJECT
Approve a cost-neutral First Amendment to Agreement with SPX/Genfare Corporation for the Bus
Rapid Transit fare collection system
RECOMMENDATION
Staff recommends Council approve a cost-neutral First Amendment to the Agreement with the
SPX/Genfare Corporation (SPX) for the Bus Rapid Transit (BRT) fare collection system.
EXECUTIVE SUMMARY
The Department of Transportation (FAX)recently launched its first BRT service with 52 stations,
supporting 10-minute frequencies along the Blackstone Avenue and Kings Canyon/Ventura Avenue
corridors.A key benefit of the BRT service is the implementation of a new off-board fare collection
system using Ticket Vending Machines (TVMs),which the City purchased from SPX.Upon
implementation the off-board fare collection system requires some modification to best serve FAX
and its customers.FAX worked closely with SPX to identify needed changes and associated cost
additions/reductions,which are detailed in the attached amendment.The resulting amendment is
cost neutral.
BACKGROUND
On February 19,2018,FAX launched its first BRT service with 52 stations,supporting 10-minute
frequencies along the Blackstone Avenue and Kings Canyon/Ventura Avenue corridors.The
increased frequency and reduced station dwell times were designed to improve both travel time and
schedule reliability for passengers along these corridors.
One method to reduce travel time is to decrease the time each bus dwells at each station.One
approach FAX implemented to reduce station dwell times was to provide a convenient method of
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approach FAX implemented to reduce station dwell times was to provide a convenient method of
purchasing and activating fares.This was done by installing a new automated fare collection system,
TVMs,at each BRT station and a validator on each BRT bus.This system allows passengers to
purchase fares at the station prior to boarding the bus,which expedites the boarding process (and
hence reduces dwell time).This system also allows users to quickly “tap and go”when using a valid
smart card.Each TVM allows customers to pre-purchase,reload and activate a variety of fare
media.This purchase also includes a system called “eFare,”which will allow users to purchase and
reload a variety of fare types onto a smart card via the internet.
Though the TVMs were planned as a component of the BRT system,they were funded as a distinct
element through a State Transit and Intercity Rail Capital Program (TIRCP)grant.The
$4,234,743.90 of TIRCP funding was awarded specifically for the purchase and deployment of this
new fare system and cannot be repurposed.
Now that the TVMs and fare collection system are being implemented,FAX has identified several
modifications which will improve the functionality of the BRT.The modifications were negotiated with
SPX,resulting in proposed cost-neutral changes detailed in the attached Amendment.Though the
totality of the contract Amendment does not affect net contract value,the changes are material in
nature to require Council approval.Therefore,staff recommends Council approve a cost-neutral First
Amendment to the Agreement with SPX for the BRT fare collection system.
The City Attorney has reviewed the Amendment and approved it as to form.
ENVIRONMENTAL FINDING
This program is not a project pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference was not considered as this is an amendment to an existing contract.
FISCAL IMPACT
There is no impact to the General Fund from this action.
Attachment:
First Amendment to Agreement for a BRT Fare Collection System
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT ("Amendment") made and entered
into as of this a7rfiday of March, 2018 ("First Amendment Effective Date"), amends the
Product Purchase and Installation Contract ("Agreement") entered into between the
CITY OF FRESNO, a municipal corporation ("CITY"), and SPX Corporation, a Delaware
corporation ("CONTRACTOR").
RECITALS
WHEREAS, the CITY and CONTRACTOR entered into the Agreement on
January 13, 2017, for a Bus Rapid Transit Fare Collection System; and
WHEREAS, the Bus Rapid Transit Fare Collection System is a portion of the
federally funded Bus Rapid Transit Project, with improvements to the Blackstone
Avenue and Ventura Avenue/Kings Canyon Corridors; and
WHEREAS, the CITY and CONTRACTOR now desire with this Amendment to
modify the Agreement to allow for the purchase of product and required licenses,
provide a reduction in the quantity and services performed as such, and release the
CONTRACTOR from certain requirements and liabilities stated in the Agreement, as
further set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual premises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree that the aforesaid
Agreement be amended as follows:
1.Attachments A, B and C contain the amendments to the Agreement as
agreed by the parties. CONTRACTOR and CITY shall perform as set forth in the
Agreement, adjusted as described in Attachments A, B and C attached hereto and
incorporated herein.
2.The overall contract price set forth in Section 2 of the Agreement remains
unchanged.
3.In the event of any conflict between the body of this Amendment and any
Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment
shall control and take precedence over the terms and conditions expressed within the
Exhibit or Attachment. In the event of any conflict between any of the Attachments
hereto, the terms and conditions of Attachment A shall control and take precedence
over the terms and conditions in Attachments B and C and the terms and conditions of
Attachment B shall control and take precedence over the terms and conditions in
Attachment C.
First Amendment to Product Purchase and In stallation
Agreement between City of Fresno and SPX Corporation
1
4.Except as otherwise amended herein the other terms and conditions of the
Agreement entered into by the CITY and CONTRACTOR, dated January 13, 2017,
remain in full force and effect.
First Amendment to Product Purchase and Inst allation
Agreement between City of Fresno and SPX Corporation
2
14443:2016 compliant. Instead, CONTRACTOR will supply smart card readers that
are ISO/IEC 14443 compliant and will support these readers by providing standard
bug fixes, patches and the like that are rolled out to other customers for critical
functionality of the reader for a period of 10 years after delivery at no additional charge
to CITY. For the avoidance of doubt, support for these readers does not constitute
warranty; the warranty for the readers is the Warranty Period set forth in the
Agreement.
9.CITY is purchasing the eFare Organization account management module.
10.CONTRACTOR is released of the requirement to provide virus detection software and
all obligations and liability associated therewith.
11.CONTRACTOR is released of the requirement of providing a router in each of the
TVM's and all obligations and liability associated therewith. CONTRACTOR will
instead furnish and install a five-port CAT6A termination block for each TVM.
12.CONTRACTOR will provide a credit of $2,250 for FAX to purchase one MS SQL
license, and a credit of $8,000 to purchase two new Virtual (VM) servers to host the e
Fare and the Network Manager applications.
13.This Amendment includes all applicable sales taxes and fees.
14.The date in Section 6.2.5 of Part B -Compliance Matrix of the Statement of Work in
the Agreement is extended from November 17, 2017, to the First Amendment
Effective Date. Any delays caused by CITY prior to the Start of Full System
Operational Acceptance Test shall further extend this date by the same number of
days as the delay caused by CITY. The requirement for CONTRACTOR to provide
eFare software was not part of the original scope of work and a start date for the
eFare subproject has not been defined by CITY; therefore, all requirements related to
eFare in the Agreement (including this Amendment) are excluded for purposes of
Section 6.2.5 of Part B -Compliance Matrix of the Statement of Work in the
Agreement. CONTRACTOR agrees the eFare software will be made available in the
production environment no later than July 15, 2018. CONTRACTOR'S ability to meet
this date is specifically contingent upon CITY providing all necessary input no later
than March 15, 2018. Any delays caused by CITY prior to the eFare software being
made available in the production environment (including without limitation, any delays
in providing necessary input as specified in the previous sentence) shall further extend
this date by the same number of days as the delay caused by CITY.
15.CONTRACTOR and CITY shall comply with the requirements found in Attachment B.
16.The revised list of items to be purchased by CITY and provided by CONTRACTOR
and the pricing of such items is set forth in Attachment C.
5
Attachment B -Cost Impact of Scope of Changes
Item# Item Description of Change Reason for Change Cost Impact of Change Requested Reouested
Reduction in quantity requested in order to allow
Platform Reduction in quantity of riders to tap smart cards while boarding the BRT
1 Validators Platform Validators from buses. In addition, reducing the quantity will ($177,000.00)
68 to 8 reduce the possibility of vandalism on validators
that are mounted at the stations.
Fast Fare-e Addition of 20 Fast Addition of Fast Fare-e validators requested in
2a Validators Fare-e's order to allow riders to tap smart cards while $72,100.00
boarding the BRT buses
Fast Fare-e Addition of 18 Fast Installation of Fast Fare-e validators requested in
2b Validators Fare-e installations order to allow riders to tap smart cards while $9,900.00
boarding the BRT buses.
Reduction in quantity of Installation of the reduced quantity requested in
Platform Platform Validators order to allow riders to tap smart cards while
3 Validators installations from 66 to boarding the BRT buses. In addition, reducing the ($60,500.00)
4 quantity will reduce the possibility of vandalism on
validators that are mounted at the stations.
Limited Reduction in quantity of Elimination of this line item is requested due to a
Use Smart Limited Use Smart change in business direction as it relates to the ($175,000 .00)
Cards Cards from 500,000 to O types of media that will be offered by FAX.
This change is requested to allow FAX to use their
5a Payment Integration of Payment existing contracted payment processor which was $84,990.00 Processor Systems with TVM not integrated with the Genfare TVM. Genfare will
not be required to be PA-DSS compliant.
This change is requested to allow FAX to use their
Payment Integration of Payment existing contracted payment processor which was
5b Processor Systems with eFare not integrated with the Genfare e-Fare software $36,000.00
Application application. Genfare will not be required to be
PCI-DSS compliant;
This change in requirements is requested since
5c PA-DSS Remove PA-DSS the City's credit card processor will assume $0.00 requirement responsibility of PA-DSS compliance liability and
Genfare will be released from this liability
This change in requirements is requested since
5d PCI-DSS Remove PCI-DSS the City's credit card processor will assume $0.00 requirement responsibility of PCI-DSS compliance liability and
Genfare will be released from this liability
This change in requirements is requested since
6 PIN Debit Remove PIN debit the city runs debit transactions as credit $0.00 requirement transactions which does not require the need for a
pin pad
6
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0566 Agenda Date:5/10/2018 Agenda #:1-P
Report to City Council
May 10, 2018
FROM:DANIEL ZACK, AICP, Assistant Director
Development and Resource Management Department
THROUGH:SOPHIA PAGOULATOS, Planning Manager
Long Range Planning Division
BY:DREW WILSON, Planner III
Long Range Planning Division
SUBJECT:
Consider Text Amendment Application No.TA-18-002,and Resolution for the Pre-Zoning Designation
Translation Table
1.***BILL NO.B-19 -(Intro.4/19/2018)(For adoption)-Approving Text Amendment Application No.
TA-18-002 for minor changes to the Development Code in order to improve functionality,clarity,
internal consistency,and consistency with State law.Proposed amendments affect the following
standards and/or procedures legal non-conforming;legal non-conforming site features;parks;
driveway paving;mixed use permitted uses;massage establishments;downtown ground floor retail;
bluff setback;live/work;setbacks from landscape easements;signs;corner commercial;drive
throughs;tiny homes;Council District Project Review Committees;Airport Land Use Commission
review of text amendments;development agreements;accessory living quarters;substance abuse
treatment clinic,among others.The affected sections are Table 15-107-B,Section 15-311-A,15-404-
F-2,15-405-E-1,15-405-E-2,Table 15-902,Section 15-904-A-8,Table 15-1002,15-1102,15-1202,
Section 15-1304-B,15-1404-A,Figure 15-1501-C,Table 15-1502,Section 15-1603-A,15-1603-D-1,
15-1603-E,15-1609-B-1-b,15-2002-B,15-2020-F,15-2412-E,15-2413-D,15-2610-D,15-2610-E-7,
15-2610-G6,15-2612-A,15-2722-F-1,15-2728-B-1,15-2754-E-2-c,15-4906-D-1,15-4906-J,15-
5207,15-5808,15-6003,15-6005,15-6702,15-6703,and 15-6704 as described in Exhibit A.
(Subject to Mayor’s veto)
2.RESOLUTION -Approve the Pre-Zoning Designation Translation Table which is intended to
streamline the approval of certain projects in the Sphere of Influence which require an annexation.
The translation table will allow projects to move forward by applying the most comparable
development standards that are available in the current code, as described in Exhibit E.
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File #:ID18-0566 Agenda Date:5/10/2018 Agenda #:1-P
EXECUTIVE SUMMARY
On April 19,2018,Text Amendment TA-18-002 was introduced and recommended for approval
by the City Council.Since all amendments to the Fresno Municipal Code require a second
reading,the item is now before the City Council for adoption.The Text Amendment consists of
various amendments to the Development Code in order to improve functionality,clarity,internal
consistency,and consistency with State law.The Resolution approving the Prezoning
Translation Table is also included for adoption.This resolution is intended to streamline the
approval of certain projects in the Sphere of Influence which require an annexation.The
translation table will allow projects to move forward by applying the most comparable
development standards that are available in the current code, as described in Exhibit E.
BACKGROUND
The text amendment includes minor changes to the Development Code in order to improve
functionality,clarity,internal consistency and consistency with State law.Proposed amendments
affect the following standards and/or procedures:legal non-conforming;legal non-conforming
site features;parks;driveway paving;mixed use permitted uses;massage establishments;
downtown ground floor retail;bluff setback;live/work;setbacks from landscape easements;
signs;corner commercial;drive throughs;tiny homes;Council District Project Review
Committees;Airport Land Use Commission review of text amendments;development
agreements;accessory living quarters;substance abuse treatment clinic,among others (see
Exhibit A for complete text amendment).
The Pre-Zoning Designation Translation Table is intended to streamline the approval of certain
projects in the Sphere of Influence which require an annexation.There are some parcels in the
Sphere which have pre-zoning designations that are no longer associated with development
standards,because the associated zone district was removed with the adoption of the Citywide
Development Code in 2015.The translation table will allow such projects to move forward by
applying the most comparable development standards that are available in the current code.
Public Notice and Comment
Notice was provided by the following methods pursuant to Fresno Municipal Code (FMC)
Sections 15-5007-C and D (See Exhibit B):
1.A legal notice was published in the Fresno Bee on March 23, 2018;
2.A Spanish notice was published in Vida en al Valle on April 4, 2018.
3.The proposed amendments were posted on the city’s website on the City Clerk’s page.
To date, no public comments have been received on the applications.
Citizen Committees
The active Council District Plan Implementation Committees,the Tower District Design Review
and the Fulton-Lowell Specific Plan Committees,and the Airport Land Use Commission all
reviewed the text amendment, which applies city-wide. Their recommendations are listed below.
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File #:ID18-0566 Agenda Date:5/10/2018 Agenda #:1-P
District 1:On April 3, 2018, the Committee recommended approval of the proposed T.
District 2:On April 2,2018,the Committee recommended approval of the proposed
applications.
District 3:The Committee is currently inactive.
District 4:On April 2,2018,the Committee recommended approval of the proposed
applications.
District 5:On April 2,2018,the Committee recommended approval of the proposed
applications.
District 6:On April 2,2018,the Committee recommended approval of the proposed
applications
District 7:The Committee is currently inactive.
Fulton-Lowell Design Review:On April 2,2018,the Committee recommended approval of the
proposed applications.
Tower District Design Review Committee:On April 3,2018,the Committee recommended
approval of the proposed applications.
Airport Land Use Commission:On April 2,2018,the Commission recommended approval of Text
Amendment TA-18-002.
Planning Commission
The Planning Commission considered the proposed applications at a regularly scheduled public
hearing held on April 4,2018,and recommended approval by a unanimous vote.Thirteen
members of the public testified in support of the item and no members of the public testified in
opposition.
ENVIRONMENTAL FINDINGS
The adoption of the Fresno General Plan and Citywide Development Code were previously
analyzed in Master Environmental Impact Report (“MEIR”)SCH No.2012111015,certified by the
Fresno City Council on December 18,2014.The Introduction to the MEIR specifically stated that
“[t]he City of Fresno proposes to update its General Plan and Development Code and this
Master Environmental Impact Report (MEIR)has been prepared to assess the impacts of those
actions on the environment.”The adoption of the Downtown Neighborhoods Community Plan
and the Fulton Corridor Specific Plan (“Downtown Plans and Code”)were previously analyzed in
Program Environmental Impact Report SCH No.2012041009 (“PEIR”),certified on October 20,
2016.
The Development Code Text Amendment Application No.TA-18-002 makes minor changes to
various standards in order to improve functionality,clarity,and internal consistency,consistent
with the General Plan.No changes are proposed that would fundamentally change the intent of
a zone district or increase or decrease density ranges or floor area ratios.The Prezoning
Translation Table would streamline the approval of certain projects in the Sphere of Influence
which require an annexation.The translation table will allow projects to move forward by
applying the most comparable development standards that are available in the current code.
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File #:ID18-0566 Agenda Date:5/10/2018 Agenda #:1-P
Since the proposed project will not result in additional impacts,it may be determined that:(1)
The project falls within the scope of MEIR No.SCH 2012111015 prepared for the Fresno
General Plan and Citywide Development Code and/or the PEIR No.SCH 2012041009 prepared
for the Downtown Plans and Code;(2)No substantial changes are proposed in the project which
require major revisions to the previous environmental findings due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects;(3)No substantial changes will occur with respect to the circumstances under
which the project is undertaken;and,(4)No new information,which was not known and could
not have been known,at the time the environmental finding for MEIR No.SCH 2012111015 or
PEIR No. SCH 2012041009 was adopted, has become available.
Therefore,the City of Fresno has determined that an addendum to MEIR No.SCH 2012111015
and PEIR No.SCH 2012041009 is appropriate given that none of the conditions described in
Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR have
occurred;and new information added is only for the purposes of providing minor changes or
additions, in accordance with Section 15164 of the CEQA Guidelines.
LOCAL PREFERENCE
N/A - no contracts under consideration.
FISCAL IMPACT
N/A
Attachments:
Exhibit A:Text Amendment Application No. TA-18-002
Exhibit B:Public Notice
Exhibit C:Environmental Assessment
Exhibit D:Fresno Municipal Code Findings
Exhibit E:Resolution for Pre-Zoning Translation Table
Exhibit F:Planning Commission Resolutions
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CITY OF FRESNO
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN THAT the Fresno City Planning Commission and 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 Chapter 15, Sections 5007 and 5801-
5812 of the Fresno Municipal Code, will conduct public hearings to consider Plan Amendment
Application No. A-18-0003, Rezone Application No. R-18-004, Text Amendment Application No. TA-
18-002, and the related environmental finding. These applications have been filed by the City of
Fresno Development and Resource Management Director and pertain to approximately 419.18 acres
of property (see Map, below). At these hearings, the following will be considered:
Environmental Assessment No. A-18-003, R-18-004, TA-18-002 recommends approval of an
Addendum to Final Master Environmental Impact Report SCH No. 2012111015 (MEIR) certified by
the Fresno City Council on December 18, 2014 for the Fresno General Plan and Development Code,
and to Program Environmental Impact Report SCH No. 2012041009 certified by the Fresno City
Council on October 20, 2016 for the Downtown Plans and Code pursuant to California
Environmental Quality Act Guidelines Sections 15162 and 15164.
Plan Amendment Application No. A-18-004 pertains to approximately 419.18 acres of property
and proposes to amend the Fresno General Plan, the Bullard, Fresno High, McLane, Roosevelt,
Hoover and Downtown Neighborhoods Community Plans, the Tower District Specific Plans, the
Fresno Chandler Executive Airport Land Use Compatibility Plan, the Fresno-Chandler Downtown
Airport Master and Environs Specific Plan and the Fresno Yosemite Airport Land Use Compatibility
Plan; and the Farmland Preservation Program Policy RC-9-c. The purpose of the amendments is to
implement City Council direction from February 2016 allowing property owners to request a
reversion to a zone district and planned land use equivalent to that existing under the prior General
Plan when the change is consistent with General Plan policy and would not cause significant
environmental impacts.
Rezone Application No. R-18-003 pertains to approximately 419.18 acres of property. The purpose
of the amendments is to implement City Council direction from February 2016 allowing property
owners to request a reversion to a zone district and planned land use equivalent to that existing
under the prior General Plan when the change is consistent with General Plan policy and would not
cause significant environmental impacts.
Text Amendment Application No. TA-18-002 makes minor changes to the Development Code in
order to improve functionality, clarity, internal consistency, and consistency with State law. Proposed
amendments affect the following standards and/or procedures; legal non-conforming; legal non-
conforming site features; parks; driveway paving; mixed use permitted uses; massage
establishments; downtown ground floor retail; bluff setback; live/work; setbacks from landscape
easements; signs; corner commercial; drive throughs; tiny homes; Council District Project Review
Committees; Airport Land Use Commission review of text amendments; development agreements;
accessory living quarters; substance abuse treatment clinic, among others. The affected sections are
Table 15-107-B, Section 15-311-A, 15-404-F-2, 15-405-E-1, 15-405-E-2, Table 15-902, Section 15-
904-A-8, Table 15-1002, 15-1102, 15-1202, Section 15-1304-B, 15-1404-A, Figure 15-1501-C, Table
15-1502, Section 15-1603-A, 15-1603-D-1, 15-1603-E, 15-1609-B-1-b, 15-2002-B, 15-2020-F, 15-
2412-E, 15-2413-D, 15-2610-D, 15-2610-E-7, 15-2610-G-6, 15-2612-A, 15-2722-F-1, 15-2728-B-1,
15-2754-E-2-c, 15-4906-D-1, 15-4906-J, 15-5207, 15-5808, 15-6003, 15-6005, 15-6702, 15-6703,
and 15-6704.
Exhibit C - Public Notice
Any interested person may appear at the public hearing and present written testimony, or speak in
favor or against the project proposal. If an individual challenges the above applications in court, they
may be limited to raising only those issues that were raised at the public hearings described in this
notice, or in written correspondence delivered to the Planning Commission or City Council consistent
with their respective rules of procedure. The Planning Commission’s recommendations pertaining to
the Environmental Assessment, Plan Amendment, Rezone, and Text Amendment applications will be
considered by the City Council.
Note: This public hearing notice is being posted pursuant to the requirements of the Fresno
Municipal Code Section 15-5007-D.
For additional information on the proposed project, including copies of the proposed environmental
finding, contact the City of Fresno Development and Resource Management Department, City Hall,
2600 Fresno Street, Room 3076, Fresno, California, 93721, or contact Sophia Pagoulatos at
sophia.pagoulatos@fresno.gov. Para información en español, comuníquense con Sophia
Pagoulatos (al correo electrónico Sophia.pagoulatos@fresno.gov).
FRESNO CITY PLANNING COMMISSION
Date: Wednesday, April 4, 2018
Time: 6:00 p.m., or thereafter
Place: City Hall Council Chamber,
Second Floor, 2600 Fresno Street, Fresno,
CA 93721
FRESNO CITY COUNCIL
Date: Thursday, April 19, 2018
Time: 10:00 a.m., or thereafter
Place: City Hall Council Chamber,
Second Floor, 2600 Fresno Street,
Fresno, CA 93721
Exhibit C - Environmental Assessment
Whi tes B ridg e
MapleBrawleyHer ndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields
McKinley
Belm ont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNor th
California
Jensen
Cent ral
Ashlan GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Her ndon
Nees
McCallHighlandDe WolfShields
McKinley
Belm ont
California
Jensen
Nor th
Kings Canyon
AshlanPeachBehymer
Copper
Shepher d
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDak ota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanThompsonLeonardClinton
Olive
Tulare
Butler
Church
Annadale
Dakota
Gettysburg
MinnewawaInternational
Teague
Gould Canal / Redbank Creek
Calif orniaState U niv ersityFresno
Fresn oInternationalAirport
Fresno-Clov is Reg ional Wa stew aterReclamation F ac ility
·|}þ
·|}þ
·|}þ
·|}þ
·|}þ
·|}þ ·|}þ
20
2
7
9
12
16
28
25
1
3
4 5
6
1013
14
15
17
18
27
19
21
22
23 2426
11
8
99
41
168
180
180
41 99
®
0 2 4 61Miles Date 3/22/2018
Legend
Cle an -u p B o un da ries
City L im its
Pla nn ing Bo u nd ary
Sp h ere of Influe nc e
City of Fresno
D eve lop m e nt a nd R e sou rc e M a na ge m en t D e pa rtm e nt
Pr opose d Ge ne ral Plan A me ndm ent sand R ez onings
Exhibit A -2#Description APN City Council District Past Now Request Past Now Request Acres Staff Recommendation1Minnewawa Ave./ Church Ave.Tract Map 5513: 48143105-07, 48143225-31, 48153101-18, 48153201-03, 48153301-33, 48153401-28, 48153501-22, and 48153601T 5 NA, New Annex- ation NA, New Annex- ation RS-4 NA, New Annex- ation Medium High Density Residential Medium Low Density Residential 18.92 Approve 2 Maroa Ave./ Shaw Ave.41725104, 20-30, 34-58, 41725301-08, 41733102-05,
12, AND 15 - 17, 41733201-
03,10-13, 15, 16T and 17,
41753001-08, 417250X1, and
417530XA
2 Some propertie
s are R-1-
C and R-2-
A and
some are
NA, New
Annex-
ation
Some propertie
s are CMX
and some
are NA,
New
Annex-
ation
RS-5 Medium Density Residential Corridor/ Center Mixed Use Medium Density Residential 16.29
Approve
3 2626 W. Alluvial
Ave.
50043021 and 24T 2 R-1-B
R-A
PR
CRC
RS-4 Open Space/
Commercial
Recreation
Open Space/
Commercial
Recreation
Medium Low
Density
Residential
11.84
Approve
4 Dante Ave./
Bullard Ave.
50613008S and 09S 2 R-3 RM-1 RM-2 Medium High
Density
Residential
Medium High
Density
Residential
Urban
Neighborhood
Residential
6.70
Approve
5 Van Ness Blvd./
Bullard Ave.
40609114, 31, and 32 2 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-1 Low Density
Residential
Low Density
Residential
Low Density
Residential
1.50
Approve
6 Ashlan Ave./
Blythe Ave.
51009036 1 C-6 RM-1 CG Commercial
General-Heavy
Medium High
Density
Residential
General
Commercial
2.85
Approve
7 Herndon Ave./
State Route 41
40802201-20, 40802301-16,
40803201-18, 40803301-18,
40804301-10, 40804401-10
and 40806119T
6 R-A CMX RS-5 Medium Density
Residential
Corridor/ Center
Mixed Use
Medium Density
Residential
17.94
Approve
8 5677 N. Fresno
St.
418520X1, 38, and 39 4 R-P RM-1 O Medium High
Density
Residential
Medium High
Density
Residential
Office
Employment
0.49
Approve
31002089S, 31073102S,
31091101S-32S, 31091201S
and 2S, 31091301S-23S,
31091401S-10S, 31091501S-
10S, 31091601S-10S, and
31091701S-10S
4 R-A RM-2 RS-4 Medium Density
Residential
Urban
Neighborhood
Residential
Medium Low
Density
Residential
21.02
31002085S and 88S 4 R-A RS-5 RS-4 Medium Density
Residential
Medium Density
Residential
Medium Low
Density
Residential
28.11
10 Clovis Ave./
California Ave.
31602201 and 31628036T 5 AE-20 CMX RS-4 Medium Low
Density
Residential
Corridor/ Center
Mixed Use
Medium Low
Density
Residential
17.23
Approve
11 Huntington
Blvd./ Chestnut
Ave.
46123302 - 07, 46123401, 02,
12 - 17, and 46130301
5 R-3
R-2 (1 lot)
R-1 (1 lot)
RS-5 RM-2 Medium High
Density
Residential
Medium Density
Residential
Urban
Neighborhood
Residential
5.76
Approve
12 Cedar Ave./
Kings Canyon
Rd.
47006104, 47006215 and 16,
47006315, 47007129 - 41,
47014115, 47014215 and 16,
47014315 and 16, 47015127 -
34, 36, and 38 - 41, 47021308
and 13, 47021605 and 08,
47028304 and 07, and
47028604 and 13
5 R-1
R-2 (1 lot)
NMX RS-5 Medium Density
Residential
Neighborhood
Mixed Use
Medium Density
Residential
6.27
Approve
13 Kings Canyon
Rd./ Chance
Ave.
47007105, 06, and 29,
47007201, 24, 27, and 29,
47007301 and 19
5 C-6 RS-5 NMX Commercial
General-Heavy
Medium Density
Residential
Neighborhood
Mixed Use
2.77
Approve
14 McKenzie Ave.
median islands
between Maple
Ave. and Sierra
Vista Ave.
46016501T 7 R-1
C-5 (small
corner at
Maple)
RS-5 PR None Medium Density
Residential
Open Space 1.63
Approve
Approve
General Plan Land UseZoning
9 Dakota Ave./
Armstrong Ave.
316022323160223331602234 NA, New Annex- ation NA, New Annex- ation PI High Density Residential Public Facility Middle and High School Public Facility Middle and High School 19.0031602229ST 31602231T
31602235T
NA, New Annex-
ation
NA, New Annex-
ation
PI Medium Density Residential Public Facility Middle and High
School
Public Facility Middle and High
School
59.71
31602259T NA, New
Annex-
ation
NA, New
Annex-
ation
PI Medium Density
Residential
Public Facility
Elementary
School
Public Facility
Elementary
School
13.35
16 Minnewawa
Ave./ Butler
Ave.
47209042 - 59, 47249101 -
17, and 47249201 - 08
5 R-1 PR RS-4 Open Space Open Space
(Medium Low
Density
Residential Dual
Designation Land
Use)
Medium Low
Density
Residential and
remove dual
designation land
use of Medium
Low Density
Residential
7.89
Approve
17 4206 E. White
Ave.
45430321 7 C-1 NMX CC Commercial
General-Heavy
Medium Density
Residential
Neighborhood
Mixed Use
0.24
Approve
18 4909 E.
McKinley Ave.
49429109T 4 M-1-P PI CC Public Facilities Public Facilities Community
Commercial
1.49 Approve
32610076 NA, New
Annex-
ation
NA, New
Annex-
ation
RM-2 Urban
Neighborhood
Residential
Urban
Neighborhood
Residential
Urban
Neighborhood
Residential
18.38
32610039, 77 and 78 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-5 Medium Density
Residential
Medium Density
Residential
Medium Density
Residential
58.86
32610036 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-4 Medium High
Residential
Medium High
Residential
Medium Low
Residential
18.14
32610021 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-4 Medium Low
Residential
Medium Low
Residential
Medium Low
Residential
1.45
32610046 NA, New
Annex-
ation
NA, New
Annex-
ation
OS Open Space -
Neighborhood
Park
Open Space -
Neighborhood
Park
Open Space -
Neighborhood
Park
0.73
32610038T NA, New
Annex-
ation
NA, New
Annex-
ation
PI Public Facilities -
Elementary
School
Public Facilities -
Elementary
School
Public Facilities -
Elementary
School
18.13
20 Jenson Ave./
Cornelia Ave.
32703041T (southern
portion)
32703038T (southern
portion)
3 AE-20 PI IH Public Facilities -
Waste Water
Treatment
Facility
Public Facilities -
Waste Water
Treatment
Facility
Heavy Industrial
Employment
13.65
Approve
C-5 (along
Palm)
RS-5 CMS
(along
Palm)
Medium Density
Residential
Medium Density
Residential
Main Street
Commercial
(along Palm)
0.23
R-2 (along
Ferger)
RS-5 RS-5
(along
Ferger)
Medium Density
Residential
Medium Density
Residential
Medium Density
Residential
(along Ferger)
0.23
22 404 W.
McKinley Ave.
44426119 1 C-P RS-5 O Medium Density
Residential
Medium Density
Residential
Office
Employment
0.53
Approve
23 Shields Ave./
Polk Ave.
annexation
51102117 and 18 1 NA,
Unincorp.
RS-4 RS-4 Medium Low
Residential
Urban
Neighborhood
Residential
Medium Low
Residential
9.84
Approve
24 Shields Ave./
Fresno St.
43726416 7 CP RS-5 O Medium Density
Residential
Medium Density
Residential
Office
Employment
0.65
Approve
25 C St./ Tulare
Ave.
46710502, 46710601 - 06,
46715207 and 08, 46715217,
and 46715301 - 04
3 C-6 RS-5 NMX Medium High
Density
Residential
Medium Density
Residential
Neighborhood
Mixed Use
4.40
Approve
44208217 R-P RM-1 CC Medium High
Density
Residential
Medium High
Density
Residential
Community
Commercial
0.43
44208229 C-5 RM-1 CC Medium High
Density
Residential
Medium High
Density
Residential
Community
Commercial
0.78
44902015 3 M-1 RS-5 BP Light Industrial Medium Density
Residential
Business Park
Employment
5.42
44917001 3 C-M RS-5 BP General-Heavy
Commercial
Medium Density
Residential
Business Park
Employment
4.16
28 419 W.
Whitesbridge
Ave.
46411103, 04, and 11 - 14 3 C-6 RS-5 CG Light Industrial Medium Density
Residential
General
Commercial
2.18
Deny
Deny
19
21
26
Approve
Approve
Approve
Deny
27
5NE Corner of Jensen Ave. and Fowler Ave. – Sanger Unified School District
property
2041 W.
McKinley Ave.
and 1464 N.
Hughes Ave.
Hughes Ave./
Weber Ave.
15
1
Palm Ave./
McKinley Ave.
45103104 - 06 1
339 N. Brawley
Ave. APNS are
incorrect
Annexation
#1350 RO-06-20
3
#Description APN City Council District Past Now Request Past Now Request Acres Staff RecommendationGeneral Plan Land UseZoning
Exhibit B
Proposed General Plan Text Amendment
Resource Conservation Element
Farmland Preservation Program Policy RC-9-c.
In coordination with regional partners or independently, establish a Farmland
Preservation Program. When Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance is converted to urban uses outside City limits, this program would
require that the developer of such a project permanently protect an equal amount of
similar farmland elsewhere through easement. [mitigate the loss of such farmland
consistent with the requirements of CEQA. The Farmland Preservation Program shall
provide several mitigation options that may include, but are not limited to the following:
Restrictive Covenants or Deeds, In Lieu Fees, Mitigation Banks, Fee Title Acquisition,
Conservation Easements, Land Use Regulation, or any other mitigation method that is
in compliance with the requirements of CEQA. The Farmland Preservation Program
may be modeled after some or all of the programs described by the California Council of
Land Trusts.]
Exhibit C
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO,
CALIFORNIA, AMENDING SECTIONS 15-107-B, 15-311-A,
15-404-F, 15-405-E, 15-902, 15-904-A, 15-1002, 15-1102,
15-1202, 15-1304-B, 15-1404-A, 15-1501-C, 15-1502, 15-
1603-A, 15-1603-D-1, 15-1603-E, 15-1609-B-1-b, 15-2002-
B, 15-2020-F, 15-2412, 15-2413-D, 15-2610-D, 15-2610-E-
7, 15-2610-G-6, 15-2612-A, 15-2722-F-1, 15-2728-B-1, 15-
2754-E-2-c, 15-4906-D-1, 15-4906-J, 15-5207, 15-5808, 15-
6003, 15-6005, 15-6702, 15-6703, AND 15-6704, OF THE
FRESNO MUNICIPAL CODE, AND POLICY RC-9-C OF
THE FRESNO GENERAL PLAN.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Table 15-107-B of the Fresno Municipal Code is amended as follows:
TABLE 15-107-B: OVERLAY DISTRICTS
Short Name/Map Symbol Full Name
BP [BL] Bluff Protection
SECTION 2. Section 15-311-A of the Fresno Municipal Code is amended as follows:
A. [Uncovered] D[d]ecks, patios, porches, landings, balconies, and unenclosed
stairways;
SECTION 3. Section 15-404-F of the Fresno Municipal Code is amended as follows:
F. Abandonment of Legal Non-Conforming Uses.
1. Residential Districts. A Legal Non-Conforming use shall not be re-established in
any structure in a Residential District if such Legal Non-Conforming use has
ceased for a consecutive six-month period.
2. [Mixed Use Districts. A Legal Non-Conforming use shall not be re-established in
any structure if such Legal Non-Conforming use has ceased for a consecutive
five-year period.]
[3. All Other] Non-Residential Districts. A Legal Non-Conforming use shall not be re-
established in any structure in a Non-Residential District if such Legal Non-
Conforming use has ceased for a consecutive 12-month period within five years
of January 3, 2016. Once the five year period from the effective date of this Code
has passed, a Legal Non-Conforming Use shall not be re-established in any
structure in a Non-Residential District if such Legal Non-Conforming Use has
ceased for a consecutive period of 90 days or more.
SECTION 4. Section 15-405-E of the Fresno Municipal Code is amended as follows:
E. Enlargement of Non-Conforming Structures
1. Enlargement of Single-Family Residential Structures. A legal non-conforming
single-family use or structure in a Non-Residential District may be enlarged,
provided the addition does not reduce the number of parking spaces, alter the
size of parking spaces, or the location and size of driveways; and the addition
does not change the structure from single-family use to multi-family use. [Such
an expansion shall conform to the property development standards of either the
Base District (and Overlay Districts, if applicable) for the site, or a Residential
District which is appropriate to the size and configuration of the site at the
discretion of the Review Authority.]
2. Enlargement of Other Legal Non-Conforming Structures [and Site Features]. A
legal non-conforming structure [or site feature] being used for a conforming use
may be enlarged or structurally altered if the new portion of the structure [or site
feature] conforms to the regulations of the district in which it is located. If strict
conformance with current setback requirements would cause unsightly or
impractical site layouts, and a deviation from such requirements shall not cause
impacts on neighboring uses, the Review Authority may exempt the enlargement
of a legal non-conforming structure [or site feature] from setback requirements at
their discretion. Unaltered portions of such structures [or site features] will be
allowed to remain non-conforming. A Legal Non-Conforming structure [or site
feature] housing [or associated with] a non-conforming use shall not be enlarged
or altered except as put forth in Section 15-404-B.
SECTION 5. Table 15-902 of the Fresno Municipal Code is amended as follows:
TABLE 15-902: USE REGULATIONS—RESIDENTIAL SINGLE-FAMILY DISTRICTS
District RE RS-1 RS-2 RS-3 RS-4 RS-5 Additional Regulations
Public and Semi-Public Use Classifications
Park and Recreation
Facilities, Public C [P] C [P] C [P]
C(1)
[P]
C(1)
[P]
C(1)
[P]
SECTION 6. Section 15-904-A of the Fresno Municipal Code is amended as follows:
[8. Driveway Paving. All driveways shall be paved per Public Works standards.]
SECTION 7. Table 15-1002 of the Fresno Municipal Code is amended as follows:
TABLE 15-1002: USE REGULATIONS—RESIDENTIAL MULTI-FAMILY DISTRICTS
District RM-1 RM-2 RM-3 RM-MH Additional Regulations
Public and Semi-Public Use Classifications
Park and Recreation Facilities, Public C(2) [P] C(2) [P] C(2) [P] C[P]
Commercial Use Classifications
[Corner Commercial] [P] [P] [P] [P] [§ 15-2722, Corner Commercial]
SECTION 8. Table 15-1102 of the Fresno Municipal Code is amended as follows:
TABLE 15-1102: USE REGULATIONS—MIXED-USE DISTRICTS
Use Classifications NMX CMX RMX Additional Regulations
Residential Use Classifications
Elderly and Long-Term Care P(1) ‒[P(1)] ‒[P(1)]
[Domestic Violence Shelter]
[Small (6 persons or less)] [P(1)] [P(1)] [P(1)]
[Large (7 persons or more)] [P(1)] [P(1)] [P(1)]
[Caretaker Residence] [P(1)] [P(1)] [P(1)]
Large (7 persons or more) P(1) P(1) P(1)
[Residential Care Facilities]
[Residential Care, Senior] [P(1)] [P(1)] [P(1)]
[Single Room Occupancy] [C] [C] [C]
Public and Semi-Public Use Classifications
Colleges and Trade Schools, Public or Private C(3) C(3) C(3)
Community and Religious Assembly (2,000
square feet or more) C(4) [P] C(4) [P] P
§15-2719, Community and Religious
Assembly Facilities
Conference/Convention Facility C(4) C(4) C
Cultural Institutions P(5) C [P] C [P]
Government Offices P(2[1]) P(1) P(1)
Hospitals and Clinics
Clinic C(5) [P] P(5) P
Schools, Public or Private C[P] C[P] C[P]
Social Service Facilities C[P(1)] P(1)
‒[P(1
)]
Commercial Use Classifications
[Automobile/Vehicle Sales and Services]
[Automobile Rentals]
[C(12)(
19)] [C(12)] [C(12)]
[Automobile/Vehicle Repair, Major]
[C(12)(
19)] [C(12)] [C(12)]
[Automobile/Vehicle Service and Repair,
Minor]
[C(12)(
19)] [C(12)] [C(12)]
TABLE 15-1102: USE REGULATIONS—MIXED-USE DISTRICTS
Use Classifications NMX CMX RMX Additional Regulations
[Automobile Washing]
[C(12)(
19)] [C(12] [C(12]
Banks and Financial Institutions
Banks and Credit Unions P(5) P P
Eating and Drinking Establishments
Bars/Nightclubs/Lounges C(16) C(16) C(16) §15-2743, Outdoor Cooking for Commercial
Purposes; §15-2744, Outdoor Dining and
Patio Areas; §15-2751, Restaurants with
Alcohol Sales, Bars, Nightclubs, and
Lounges Restaurant with Alcohol Sales C(16) C(16) C(16)
Entertainment and Recreation
Cinema/Theaters C [P] C [P] P
Small-Scale
C(17) [
P] P P
§15-2708, Arcades, Video Games, and
Family Entertainment Centers, §9-1801,
Billiard Rooms
[Food Preparation] [P(1)] [P(1)] [P(1)]
Funeral Parlors and Internment Services ‒[P(1)] ‒[P(1)]
C[P(1)
]
§15-2714, Body Preparation and Funeral
Services
Live/Work P(1) P(1) P(1)
Lodging
[Bed and Breakfast] [P] [P] [P]
Maintenance and Repair Services P(9) P(9) P(5)
Offices
Business and Professional P(9) P P
Medical and Dental P(4) P P
Walk-In Clientele P(9) P P
Retail Sales
Large-Format Retail ‒ [P] ‒ [P] P
§15-2737, Large-Format Retail; §15-2745,
Outdoor Retail Sales
Nurseries and Garden Centers P P(5) P
[Swap Meet / Flea Market] [C] [C] [C] [§ 15-2730, Flea Markets]
Industrial Use Classifications
[Custom Manufacturing]
[P(12)(
19)] [P(12)] [P(12)]
[Limited Industrial]
[C(13)(
18)(19
)]
[C(13)(1
8)]
[C(13)(
18)]
Agricultural and Extractive Use Classifications
Produce Stand P - [P] - [P]
§15-2752, Roadside Fruit Stands / Grower
Stands
Specific Limitations:
16. [(Reserved)] If an MX District is applied to the area bounded by Divisidero Avenue, Highway 41, and Highway 99, a
Conditional Use Permit shall not be required for Bars/Nightclubs/Lounges within that area.
[19. Prohibited in the following areas: Parcels which are located south of State Route 180 and west of the Union Pacific Railroad.]
SECTION 9. Table 15-1202 of the Fresno Municipal Code is amended as follows:
TABLE 15-1202: LAND USE REGULATIONS—COMMERCIAL DISTRICTS
Use Classifications CMS CC CR CG CH CRC Additional Regulations
Commercial Use Classifications
Food and Beverage Sales
Liquor Stores C C C C C ‒
§15-2307[2706], Alcohol Sales;
§15-2745, Outdoor Retail Sales
Personal Services
Massage Establishments P[C] P[C] P[C] P[C] ‒ P[C]
Retail Sales
Building Materials and Services
C(13[
12]) C P P ‒ ‒ §15-2745, Outdoor Retail Sales
SECTION 10. Section 15-1304-B of the Fresno Municipal Code is amended as follows:
B. Exceptions to Maximum Height in Woodward Park Area. Within the geographic
area that is hatched in Figure 15-1304-B, the maximum permitted building height
may be increased to 120 feet. Such projects shall conform to the residential
transition standards in Section 1304-A and shall be subject to a Conditional Use
[Planned Development] Permit.
SECTION 11. Section 15-1404-A of the Fresno Municipal Code is repealed:
A. Additional Height for Recreational Facilities. Additional height for structures
related to recreational facilities such as light standards, nets, and fences, may be
approved with a Conditional Use [Planned Development] Permit.
SECTION 12. Figure 15-1501-C of the Fresno Municipal Code is amended as follows:
SECTION 13. Table 15-1502 is replaced as follows:
TABLE 15-1502: USE REGULATIONS—DOWNTOWN DISTRICTS DTN DTG DTC Additional Regulations Activity Class A B C A B C A B C See Figure 15-1501 for Activity Classifications Map Use Classification
Commercial Use Classifications Personal Services Massage Establishments P[C] P[C] P[C] P[C] P[C] P[C] P[C] P[C] P[C]
SECTION 14. Section 15-1603-A of the Fresno Municipal Code is amended as follows:
A. Purpose. The Bluff Protection (BP[BL]) Overlay District is intended to provide
special land development standards that will preserve the integrity of the natural
landscape of the southerly San Joaquin River Bluffs, adjacent properties, and
adjacent open spaces as areas of special quality by reason of the topography,
geologic substratum, and environment of the area. Regulations for the BP[BL]
Overlay District are deemed necessary for the preservation of the special
qualities of the southerly San Joaquin River Bluffs, and for the protection of the
health, safety, and general welfare of owners and users of property within the
River Bluff Influence Area.
SECTION 15. Section 15-1603-D-1 of the Fresno Municipal Code is amended as
follows:
1. Bluff Setback. Development, including buildings, structures, decks, pools, spas,
and steps, shall be setback a minimum of 30 [20] feet from the bluff edge or as
identified as necessary for the preservation of the existing state of the bluffs in
the soils report prepared pursuant to Section 15-1603-F, Soils Report, whichever
is greater. Buildings, structures, decks, pools, spas, and steps include all objects
that may be below grade, at grade, or above grade.
SECTION 16. Section 15-1603-E of the Fresno Municipal Code is amended as follows:
E. Development Permit. A Development Permit is required for all grading and
development, including buildings, structures, decks, pools, spas, and steps,
within or abutting the southerly boundary of the BP[BL] Overlay District. This
section applies to above or below grade objects.
SECTION 17. Section 15-1609-B-1-b of the Fresno Municipal Code is amended as
follows:
b. Single Unit Dwelling, Attached[; Live/Work;] and Multi-Unit Residential shall be
permitted in all locations, including the ground floor along major streets.
SECTION 18. Section 15-2002-B of the Fresno Municipal Code is amended as follows:
B. Setback Requirements. For purposes of setbacks, the distance for all structures,
pools, fences, etc. shall be measured from the rear of the required landscape
setback/easement as follows:
[1. RS Districts: The setback shall be measured from the rear of the required
landscape setback/easement.
2. All Other Districts.
a. Landscape Easements With a Trail. The setback shall be measured from
the back of the walkway or sidewalk, but in no instance shall any structure,
pool, fence, etc. be constructed within the easement.
b. Landscape Easements Without a Trail. The setback shall be measured
from the rear of the required landscape setback/easement.]
SECTION 19. Section 15-2020-F of the Fresno Municipal Code is amended as follows:
F. Exceptions. If more than 75 percent of a lot is located in one zoning district,
modifications to the provisions of this section may be granted through Planning
Commission [Review Authority] approval of a Conditional Use [Planned
Development Permit.]
SECTION 20. Section 15-2412 of the Fresno Municipal Code is amended as follows:
[E. Streamlined Development as defined in Section 65913.4 of the California
Government Code shall not be required to provide on-site parking.]
SECTION 21. Section 15-2413-D of the Fresno Municipal Code is amended as follows:
D. Other Parking Reductions. Required parking for any use may be reduced up to
20 percent through Planning Commission [Review Authority] approval of
a Conditional Use [Planned Development] Permit, however the 20 percent
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 [Review Authority] may only
approve a Conditional Use [Planned Development] Permit for reduced
parking if it finds that:
SECTION 22. Section 15-2610-D of the Fresno Municipal Code is amended as follows:
D. Projecting Signs. Signs under canopies or covers in conjunction with pedestrian
walkways, or signs projecting from buildings are allowed, subject to the following
additional standards:
1. Maximum Number. One per building or tenant space [per frontage].
2. Maximum Sign Area Per Sign.
a. Projecting Signs.
[i. DT Districts: 150 square feet.
ii. MX and CMS Districts: 50 square feet.
iii. All Other Districts:] 12 square feet.
b. Under Canopy or Awning Signs. Eight square feet.
3. Height Limit.
a. [DT, MX, and CMS Districts: 10 feet above roof.]
[b. All Other Districts: ]12 feet above finished grade.
4. Minimum Sign Clearance. Eight feet.
5. Projection Allowed. A projecting sign cannot extend more than four feet
from the building to which it is attached and shall be designed and located
so as to cause no harm to street trees.
6. Illumination. No internal illumination is permitted. [Within DT, MX, and CMS
Districts. If illuminated, Projecting Signs may be only illuminated by one of
the following methods:
a. External Illumination. Externally illuminated with decorative lamps
mounted in a manner that does not block the view of the sign from the
street or sidewalk.
b. Exposed Neon. Individual letters may be internally illuminated with
exposed neon tubes or a similar light source, but shall not have a
translucent panel, lens, or face.
c. Halo. The illumination of a sign by projecting light behind an opaque
letter or emblem which results in the appearance of ring of light around
the unilluminated letter or emblem.]
SECTION 23. Section 15-2610-E-7 of the Fresno Municipal Code is amended as
follows:
7. Illumination within Downtown [DT and CMS] Districts. If illuminated, Wall Signs
may be only illuminated by one of the following methods:
a. External Illumination. Externally illuminated with decorative lamps mounted in
a manner that does not block the view of the sign from the street or sidewalk.
b. Exposed Neon. Individual letters may be internally illuminated with exposed
neon tubes or a similar light source, but shall not have a translucent panel,
lens, or face.
c. Halo. The illumination of a sign by projecting light behind an opaque letter or
emblem which results in the appearance of ring of light around the
unilluminated letter or emblem.
SECTION 24. Section 15-2610-G-6 of the Fresno Municipal Code is amended as
follows:
[6. Illumination. If illuminated, Roof Signs may be only illuminated by one of the
following methods:
a. External Illumination. Externally illuminated with concealed flood lighting.
b. Exposed Neon. Individual letters may be internally illuminated with exposed
neon tubes or a similar light source, but shall not have a translucent panel,
lens, or face.
c. Halo. The illumination of a sign by projecting light behind an opaque letter or
emblem which results in the appearance of ring of light around the
unilluminated letter or emblem.]
SECTION 25. Section 15-2612-A of the Fresno Municipal Code is amended as follows:
A. Projects Requiring a Master Sign Program. A Master Sign Program is required
for the following types of projects:
1. Multi-Family Residential. Developments of 50 or more units.
2. Non-Residential or Mixed-Use Projects. All new non-residential or mixed-use
projects of two [five] or more separate non-residential tenants.
3. Multiple Signs. Proposals for five [10] or more signs on the same building or
site with two or more separate tenants.
4. Planned Development District. Any project in a PD District or using the
Planned Development provisions of this Code.
5. Pole Signs. Proposals to erect a pole sign.
6. Electronic Signs. Signs with electronic copy.
7. Roof Signs. Proposals to erect a roof sign.
8. Alternative Designs. Projects which seek flexibility for sign designs which are
of a high quality and which contribute to the attractiveness and economic
viability of their surroundings, but which do not meet the standards for their
location.
9. Exceptions. Projects within Downtown Districts [for sign types described in
items 1, 2, 3, 6, and 7 above] shall not require a Master Sign Program.
SECTION 26. Section 15-2722-F-1 of the Fresno Municipal Code is amended as
follows:
1. May not have more than one dwelling unit on-site. [Reserved]
SECTION 27. Section 15-2728-B-1 of the Fresno Municipal Code is amended as
follows:
1. Drive-throughs [ordering intercoms or other amplified speaker interface] shall not
be located within 100 feet of a Residential District.
SECTION 28. Section 15-2754-E-2-c of the Fresno Municipal Code is amended as
follows:
[c. City Indemnification. Prior to the installation of a Tiny Home, the owner of the Tiny
Home shall obtain a permit and execute an agreement, with any required
subordinations prepared by the City, to defend, hold harmless, and indemnify the
City against all claims related to the Tiny Home.]
SECTION 29. Section 15-4906-D-1 of the Fresno Municipal Code is amended as
follows:
1. Committees shall review and provide recommendations to the Planning
Commission and Council on every application for a Plan Amendment, Rezone,
Tentative or Parcel Map, Conditional Use Permit, [Planned] Development Permit,
or Variance to develop property within the committees' boundaries. Development
applications may be reviewed by multiple committees if a development project
crosses committee boundaries. In providing its review and recommendations, the
committee shall consider every plan to which the development is subject.
a. Development Permit applications submitted in multi-family and mixed-use
districts consistent with the Certainty Option set forth in sections 15-1004, 15-
1005, 15-1104, and 15-1105 of this Code shall not be subject to review and
recommendation by Council District Project Review Committees.
[Development Permit applications submitted in said districts consistent with
the Flexibility Option set forth in the aforementioned sections of this Code
shall be subject to review and recommendation by Council District Project
Review Committees.]
SECTION 30. Section 15-4906-J of the Fresno Municipal Code is amended as follows:
J. Suspension. Notwithstanding any other provision in this section,
Councilmembers, may, at their discretion, suspend meetings of their Council
District Project Review Committee. The suspension will be documented by a
written notice filed with the City Clerk. At their discretion, Councilmembers may
resume their Council District Project Review Committee meetings by written
notice filed with the City Clerk. [In the event of such a suspension, projects shall
not be subject to the review of the suspended committee.]
SECTION 31. Section 15-5207 of the Fresno Municipal Code is amended as follows:
A. In granting Development Permit approval, the Review Authority may impose
conditions that are reasonably related to the application and deemed necessary
to achieve the purposes of this article and ensure compliance with the applicable
criteria and standards established by this Code or mitigation required pursuant to
environmental review. [Conditions may be related to the following objectives:]
B[A]. Ensure long-term maintenance of adequate clean water resources.
C[B]. The proposed design will not lead to an overburdening of existing or
planned infrastructure capacities, including, but not limited to, capacities for
water, runoff, storm water, wastewater, and solid waste systems.
D[C]. The proposed design incorporates air quality measures or can demonstrate
that it will not negatively impact air quality.
SECTION 32. Section 15-5808 of the Fresno Municipal Code is amended as follows:
The Airport Land Use Commission (ALUC) shall review all text amendments [effecting
projects or property within an Airport Influence Area for consistency with the adopted
Airport Land Use Compatibility Plan which affect the height, density, land use
designation, or related aspects of properties within their purview, as determined by the
Director and ALUC staff.] The ALUC shall also review all Rezones and Plan
Amendments that are within their purview. [ALUC review shall be completed prior to
consideration of the matter by the City Council.]
SECTION 33. Section 15-6003 of the Fresno Municipal Code is amended as follows:
A. The Director shall negotiate the specific components and provisions of the
Development Agreement on behalf of the City for recommendation to [the
Planning Commission and] the City Council.
B. The [Planning Commission shall make a recommendation to the City Council and
the] City Council shall have the exclusive authority to approve and modify a
Development Agreement.
SECTION 34. Section 15-6005 of the Fresno Municipal Code is amended as follows:
A. Notice of Intent. The Director shall publish a notice of intent to consider adoption
of a Development Agreement as provided in the Government Code (Sections
65090 and 65091).
B. [Planning Commission. The Planning Commission shall hold a duly noticed public
hearing prior to adoption of any Development Agreement and shall make a
recommendation to the City Council to either approve, approve with
modifications, or deny the Development Agreement. Notice of the public hearing
shall be given in accordance with the requirements of Section 15-5007, Public
Notice.]
[C.] City Council. The City Council shall hold a duly noticed public hearing prior to
adoption of any Development Agreement [and shall either approve, approve with
modifications, or deny the Development Agreement.] Notice of the public hearing
shall be given in accordance with the requirements of Section 15-5007, Public
Notice. The City Council public hearing may, but need not, be held concurrently
with the public hearing(s) on the project.
SECTION 35. Section 15-6702 of the Fresno Municipal Code is amended as follows:
Accessory Living Quarters. Living quarters of permanent construction without
kitchen or cooking facilities, [which may be attached, detached, or located within the
living areas of the primary dwelling unit on the lot]. used primarily for temporary
guests of the occupants of the principal dwelling on the lot, and not rented or
otherwise used as a separate dwelling.
SECTION 36. Section 15-6703- Hospitals and Clinics of the Fresno Municipal Code is
amended as follows:
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured
persons exclusively on an out-patient basis including emergency treatment,
diagnostic services, administration, and related services to patients who are not
lodged overnight. Services may be available without a prior appointment. This
classification includes licensed facilities such as blood banks and plasma centers,
and emergency medical services offered exclusively on an out-patient basis. This
classification does not include private medical and dental offices that typically
require appointments and are usually smaller scale. [This classification includes
substance abuse treatment and recovery programs which are not residential in
nature and which exclusively administer counseling services.]
Substance Abuse Treatment Clinic. A facility that offers [administers medication, or
supervises the self-administration of medication, for] substance abuse treatment and
recovery programs.
SECTION 37. Section 15-6704- Automobile/Vehicle Sales and Services. of the Fresno
Municipal Code is amended as follows:
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor
homes, boats, and recreational vehicles, including the incidental sale, installation,
and servicing of related equipment and parts, generally on an overnight basis. This
classification includes auto repair shops, body and fender shops, transmission
shops, wheel and brake shops, auto glass services, [and] vehicle painting, and tire
sales and installation, but excludes vehicle dismantling or salvaging and tire
retreading or recapping.
Automobile/Vehicle Service and Repair, Minor. The service and repair of
automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale,
installation, and servicing of related equipment and parts. This classification includes
the replacement of small automotive parts and liquids as an accessory use to a
gasoline sales station or automotive accessories and supply store, and quick-service
oil, tune-up, and brake and muffler shops, where repairs are made or service is
provided in enclosed bays and no vehicles are stored overnight[, including tire sales
and installation.] This classification excludes disassembly, removal, or replacement
of major components such as engines, drive trains, transmissions, or axles;
automotive body and fender work; vehicle painting; or other operations that generate
excessive noise, objectionable odors, or hazardous materials; and towing services. It
also excludes repair of heavy trucks, limousines, or construction vehicles.
Development Code Text Amendment Findings
Findings Per Fresno Municipal Code Section 15-5811
A.The Code text amendment is consistent with the General Plan (GP) and any operative plans;
and
Finding A: As outlined in the staff report, the proposed project is found to be consistent with all
applicable goals, objectives and policies of the Fresno General Plan the Bullard,
Fresno High, McLane, Roosevelt, Hoover and Downtown Neighborhoods
Community Plans, the Tower District Specific Plans, the Fresno Chandler Executive
Airport Land Use Compatibility Plan, the Fresno-Chandler Downtown Airport Master
and Environs Specific Plan and the Fresno Yosemite Airport Land Use Compatibility
Plan. The proposed project is found to be consistent with all applicable local
ordinances, regulations, policies and standards. The proposed changes are
consistent with the Housing Element of the General Plan, as the required dwelling
unit capacity as defined in the Regional Housing Needs Allocation is maintained
B.The amendment 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.
Finding B: The proposed applications are consistent with the purpose of the Development Code
to promote growth of the city in an orderly and sustainable manner, and to promote
and protect the public health safety, peace, comfort and general welfare. Minor
changes to the Development Code are proposed in order to improve functionality,
clarity, internal consistency, and consistency with State law. Proposed amendments
affect the following standards and/or procedures legal non-conforming; legal non-
conforming site features; parks; driveway paving; mixed use permitted uses;
massage establishments; downtown ground floor retail; bluff setback; live/work;
setbacks from landscape easements; signs; corner commercial; drive throughs; tiny
homes; Council District Project Review Committees; Airport Land Use Commission
review of text amendments; development agreements; accessory living quarters;
substance abuse treatment clinic, among others. The affected sections are Table
15-107-B, Section 15-311-A, 15-404-F-2, 15-405-E-1, 15-405-E-2, Table 15-902,
Section 15-904-A-8, Table 15-1002, 15-1102, 15-1202, Section 15-1304-B, 15-1404-
A, Figure 15-1501-C, Table 15-1502, Section 15-1603-A, 15-1603-D-1, 15-1603-E,
15-1609-B-1-b, 15-2002-B, 15-2020-F, 15-2412-E, 15-2413-D, 15-2610-D, 15-2610-
E-7, 15-2610-G-6, 15-2612-A, 15-2722-F-1, 15-2728-B-1, 15-2754-E-2-c, 15-4906-
Exhibit D- FRESNO MUNICIPAL CODE FINDINGS
D-1, 15-4906-J, 15-5207, 15-5808, 15-6003, 15-6005, 15-6702, 15-6703, and 15-
6704.
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13525
The Fresno City Planning Commission, at its regular meeting on April 4, 2018, adopted the
following resolution relating to Plan Amendment Application No. A-18-003 and the related
Environmental Assessment:
WHEREAS, on February 4, 2016, as part of its consideration of the zoning map update, the City
Council directed that in order to ease the transition, property owners be allowed to request
reversion to a zone district equivalent to that existing prior to the zoning map update; and
WHEREAS, Plan Amendment Application No. A-18-003 includes 17 such property owner
requests, in addition to 11 changes which correct minor errors that have been identified by staff;
and
WHEREAS, In order to maintain consistency all plan amendments are accompanied by rezones
of the same properties; and
WHEREAS, staff is recommending approval of Requests 1-26 as described in Exhibit A; and
WHEREAS, the Planning Commission’s scheduled April 4, 2018 hearing on Plan Amendment
Application No. A-18-003 was duly noticed by publication in the Fresno Bee on March 23, 2018,
the newspaper of greatest local circulation; and
WHEREAS, on April 4, 2018, the Fresno Planning Commission conducted a public hearing to
consider Plan Amendment Application No. A-18-003, and related Environmental Assessment,
and Rezone and Text Amendment Applications; and,
WHEREAS, on April 3, 2018, the District 1 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the District 2 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, the District 3 Plan Implementation Committee is currently inactive and therefore did
not meet to consider the applications; and
WHEREAS, on April 2, 2018, the District 4 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the District 5 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the District 6 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, the District 7 Plan Implementation Committee is currently inactive and therefore did
not meet to consider the proposed applications; and
Planning Commission Resolution No. 13525
Plan Amendment No. A-18-003
April 4, 2018
Page 2
WHEREAS, on April 3, 2018, the Tower District Design Review Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the Fulton-Lowell Design Review Committee recommended
approval of the proposed Plan Amendment and associated Rezone and Text Amendment
applications; and
WHEREAS, on April 2, 2018, the Airport Land Use Commission reviewed the Plan Amendment
and related Rezone and Text Amendment applications and failed to find consistency between
rezone requests 3, 4 18, 25 and 28 and the Sierra Sky Park Land Use Policy Plan (requests 3
and 4), the Fresno Yosemite International Airport Land Use Compatibility Plan (request 18) and
the Chandler Executive Airport Land Use Compatibility Plan (items 25 and 29); and,
WHEREAS, during the April 4, 2018, hearing, the Commission received and considered the
Development and Resource Management Department’s report recommending approval of the
Plan Amendment, related Environmental Assessment and Rezone and Text Amendment
Applications and errata and provided the opportunity for consideration of testimony from the
applicant and the public; and
WHEREAS, 13 members of the public spoke in support of the applications and none spoke in
opposition; and
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission, based upon
information presented at the hearing, finds in accordance with its own independent judgment
that there is no substantial evidence in the record to indicate that the Plan Amendment Requests
1-26 may have a significant effect on the environment as identified by, and evaluated within,
Environmental Assessment No. A-18-003/R-18-004/TA-17-002, an Addendum to Final Master
Environmental Impact Report SCH No. 2012111015 and to Program Environmental Impact
Report SCH No. 2012041009, dated March 23, 2018.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that the approval
of Plan Amendment Requests 1-26 is consistent with the adopted Fresno General Plan, the
Bullard, Fresno High, McLane, Roosevelt, Hoover, West Area and Downtown Neighborhoods
Community Plans, the Tower District Specific Plan, the Sierra Sky Park Land Use Policy Plan,
the Fresno Chandler Executive Airport Land Use Compatibility Plan, the Fresno-Chandler
Downtown Airport Master and Environs Specific Plan and the Fresno Yosemite Airport Land Use
Compatibility Plan.
BE IT FURTHER RESOLVED that the Fresno Planning Commission finds that the adoption of
the proposed Plan Amendment is in the best interest of the City of Fresno and makes the
following findings pursuant to section 65863 of the California Government Code:
A. The reduction in residential densities on sites within the Housing Element inventory
included in the proposed Plan Amendment is consistent with the goals and objectives
of the Fresno General Plan, and is consistent with the Housing Element; and
Planning Commission Resolution No. 13525
Plan Amendment No. A-18-003
April 4, 2018
Page 3
B. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Section 65583.2 and to accommodate the City’s share of the
regional housing need pursuant to Section 65584. The capacity quantification for
all income categories is as follows:
i. The 2013-2023 RHNA capacity for very low/low is proposed to be
increased by 118 units which will increase the surplus from 5,996 to
6,114. The 2013-2023 RHNA for very low/low is 13,114 and the total
capacity remaining after the proposed increase is 19,228.
ii. The 2013-2023 RHNA capacity for moderate is proposed to be reduced
by 134 units which will reduce the surplus from 2,250 to 2,116. The
2013-2023 RHNA for moderate is 1,723, and the total capacity
remaining after the proposed reduction is 3,839.
iii. The 2013-2023 RHNA capacity for above moderate is proposed to be
increased by 50 units which will increase the surplus from 3,668 to
3,718. The 2013-2023 RHNA for above moderate is 6,193, and the total
capacity after the proposed increase is 9,911.
iv. The 2008-2013 RHNA total capacity for very low/low has no changes
proposed.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends
that the City Council adopt Environmental Assessment No. A-18-003/R-18-004/TA-17-002 and
approve Plan Amendment Requests 1-26 in Plan Amendment Application No. A-18-003 with
errata as presented by staff.
///
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Legend
Clean-up Boundaries
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City of Fresno
Development and Resource Management Department
Proposed General Plan Amendmentsand Rezonings
Exhibit A - Plan Amendment Application No. 4-17-003 and Rezone Application No R-18-004 Table and Maps
Exhibit A -2#Description APN City Council District Past Now Request Past Now Request Acres Staff Recommendation1Minnewawa Ave./ Church Ave.Tract Map 5513: 48143105-07, 48143225-31, 48153101-18, 48153201-03, 48153301-33, 48153401-28, 48153501-22, and 48153601T 5 NA, New Annex- ation NA, New Annex- ation RS-4 NA, New Annex- ation Medium High Density Residential Medium Low Density Residential 18.92 Approve 2 Maroa Ave./ Shaw Ave.41725104, 41725120-22,41725155-58, 41733102-05,
41733112, 41733115-17,
41733201-03, 41733210-13,
41733215,41733217, and
41733216T
NA NA NA
CMX
NA Medium Density Residential Corridor/ Center Mixed Use Medium Density Residential 16.29
Approve
3 2626 W. Alluvial
Ave.
50043021 and 24T 2 R-1-B
R-A
PR
CRC
RS-4 Open Space/
Commercial
Recreation
Open Space/
Commercial
Recreation
Medium Low
Density
Residential
11.84
Approve
4 Dante Ave./
Bullard Ave.
50613008S and 09S 2 R-3 RM-1 RM-2 Medium High
Density
Residential
Medium High
Density
Residential
Urban
Neighborhood
Residential
6.70
Approve
5 Van Ness Blvd./
Bullard Ave.
40609114, 31, and 32 2 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-1 Low Density
Residential
Low Density
Residential
Low Density
Residential
1.50
Approve
6 Ashlan Ave./
Blythe Ave.
51009036 1 C-6 RM-1 CG Commercial
General-Heavy
Medium High
Density
Residential
General
Commercial
2.85
Approve
7 Herndon Ave./
State Route 41
40802201-20, 40802301-16,
40803201-18, 40803301-18,
40804301-10, 40804401-10
and 40806119T
6 R-A CMX RS-5 Medium Density
Residential
Corridor/ Center
Mixed Use
Medium Density
Residential
17.94
Approve
8 5677 N. Fresno
St.
418520X1, 38, and 39 4 R-P RM-1 O Medium High
Density
Residential
Medium High
Density
Residential
Office
Employment
0.49
Approve
31002089S, 31073102S,
31091101S-32S, 31091201S
and 2S, 31091301S-23S,
31091401S-10S, 31091501S-
10S, 31091601S-10S, and
31091701S-10S
4 R-A RM-2 RS-4 Medium Density
Residential
Urban
Neighborhood
Residential
Medium Low
Density
Residential
21.02
31002085S and 88S 4 R-A RS-5 RS-4 Medium Density
Residential
Medium Density
Residential
Medium Low
Density
Residential
28.11
10 Clovis Ave./
California Ave.
31602201 and 31628036T 5 AE-20 CMX RS-4 Medium Low
Density
Residential
Corridor/ Center
Mixed Use
Medium Low
Density
Residential
17.23
Approve
11 Huntington
Blvd./ Chestnut
Ave.
46123302 - 07, 46123401, 02,
12 - 17, and 46130301
5 R-3
R-2 (1 lot)
R-1 (1 lot)
RS-5 RM-2 Medium High
Density
Residential
Medium Density
Residential
Urban
Neighborhood
Residential
5.76
Approve
12 Cedar Ave./
Kings Canyon
Rd.
47006104, 47006215 and 16,
47006315, 47007129 - 41,
47014115, 47014215 and 16,
47014315 and 16, 47015127 -
34, 36, and 38 - 41, 47021308
and 13, 47021605 and 08,
47028304 and 07, and
47028604 and 13
5 R-1
R-2 (1 lot)
NMX RS-5 Medium Density
Residential
Neighborhood
Mixed Use
Medium Density
Residential
6.27
Approve
13 Kings Canyon
Rd./ Chance
Ave.
47007105, 06, and 29,
47007201, 24, 27, and 29,
47007301 and 19
5 C-6 RS-5 NMX Commercial
General-Heavy
Medium Density
Residential
Neighborhood
Mixed Use
2.77
Approve
14 McKenzie Ave.
median islands
between Maple
Ave. and Sierra
Vista Ave.
46016501T 7 R-1
C-5 (small
corner at
Maple)
RS-5 PR None Medium Density
Residential
Open Space 1.63
Approve
Approve
General Plan Land UseZoning
9 Dakota Ave./
Armstrong Ave.
R-1-C and
R-2-A
RS-5241725123-30, 41725134-54,
41725301-08, 41753001-08
417250X1, and 417530XA
316022323160223331602234 NA, New Annex- ation NA, New Annex- ation PI High Density Residential Public Facility Middle and High School Public Facility Middle and High School 19.0031602229ST 31602231T
31602235T
NA, New Annex-
ation
NA, New Annex-
ation
PI Medium Density Residential Public Facility Middle and High
School
Public Facility Middle and High
School
59.71
31602259T NA, New
Annex-
ation
NA, New
Annex-
ation
PI Medium Density
Residential
Public Facility
Elementary
School
Public Facility
Elementary
School
13.35
16 Minnewawa
Ave./ Butler
Ave.
47209042 - 59, 47249101 -
17, and 47249201 - 08
5 R-1 PR RS-4 Open Space Open Space
(Medium Low
Density
Residential Dual
Designation Land
Use)
Medium Low
Density
Residential and
remove dual
designation land
use of Medium
Low Density
Residential
7.89
Approve
17 4206 E. White
Ave.
45430321 7 C-1 NMX CC Commercial
General-Heavy
Medium Density
Residential
Neighborhood
Mixed Use
0.24
Approve
18 4909 E.
McKinley Ave.
49429109T 4 M-1-P PI CC Public Facilities Public Facilities Community
Commercial
1.49 Approve
32610076 NA, New
Annex-
ation
NA, New
Annex-
ation
RM-2 Urban
Neighborhood
Residential
Urban
Neighborhood
Residential
Urban
Neighborhood
Residential
18.38
32610039, 77 and 78 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-5 Medium Density
Residential
Medium Density
Residential
Medium Density
Residential
58.86
32610036 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-4 Medium High
Residential
Medium High
Residential
Medium Low
Residential
18.14
32610021 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-4 Medium Low
Residential
Medium Low
Residential
Medium Low
Residential
1.45
32610046 NA, New
Annex-
ation
NA, New
Annex-
ation
OS Open Space -
Neighborhood
Park
Open Space -
Neighborhood
Park
Open Space -
Neighborhood
Park
0.73
32610038T NA, New
Annex-
ation
NA, New
Annex-
ation
PI Public Facilities -
Elementary
School
Public Facilities -
Elementary
School
Public Facilities -
Elementary
School
18.13
20 Jenson Ave./
Cornelia Ave.
32703041T (southern
portion)
32703038T (southern
portion)
3 AE-20 PI IH Public Facilities -
Waste Water
Treatment
Facility
Public Facilities -
Waste Water
Treatment
Facility
Heavy Industrial
Employment
13.65
Approve
C-5 (along
Palm)
RS-5 CMS
(along
Palm)
Medium Density
Residential
Medium Density
Residential
Main Street
Commercial
(along Palm)
0.23
R-2 (along
Ferger)
RS-5 RS-5
(along
Ferger)
Medium Density
Residential
Medium Density
Residential
Medium Density
Residential
(along Ferger)
0.23
22 404 W.
McKinley Ave.
44426119 1 C-P RS-5 O Medium Density
Residential
Medium Density
Residential
Office
Employment
0.53
Approve
23 Shields Ave./
Polk Ave.
annexation
51102117 and 18 1 NA,
Unincorp.
RS-4 RS-4 Medium Low
Residential
Urban
Neighborhood
Residential
Medium Low
Residential
9.84
Approve
24 Shields Ave./
Fresno St.
43726416 7 CP RS-5 O Medium Density
Residential
Medium Density
Residential
Office
Employment
0.65
Approve
25 C St./ Tulare
Ave.
46710502, 46710601 - 06,
46715207 and 08, 46715217,
and 46715301 - 04
3 C-6 RS-5 NMX Medium High
Density
Residential
Medium Density
Residential
Neighborhood
Mixed Use
4.40
Approve
44208217 R-P RM-1 CC Medium High
Density
Residential
Medium High
Density
Residential
Community
Commercial
0.43
44208229 C-5 RM-1 CC Medium High
Density
Residential
Medium High
Density
Residential
Community
Commercial
0.78
44902015 3 M-1 RS-5 BP Light Industrial Medium Density
Residential
Business Park
Employment
5.42
44917001 3 C-M RS-5 BP General-Heavy
Commercial
Medium Density
Residential
Business Park
Employment
4.16
28 419 W.
Whitesbridge
Ave.
46411103, 04, and 11 - 14 3 C-6 RS-5 CG Light Industrial Medium Density
Residential
General
Commercial
2.18
Deny
Deny
19
21
26
Approve
Approve
Approve
Approve
27
5NE Corner of Jensen Ave. and Fowler Ave. – Sanger Unified School District
property
2041 W.
McKinley Ave.
and 1464 N.
Hughes Ave.
Hughes Ave./
Weber Ave.
15
1
Palm Ave./
McKinley Ave.
45103104 - 06 1
339 N. Brawley
Ave. APNS are
incorrect
Annexation
#1350 RO-06-20
3
#Description APN City Council District Past Now Request Past Now Request Acres Staff RecommendationGeneral Plan Land UseZoning
Exhibit A
General Plan Text Amendment
Policy RC-9-c Farmland Preservation Program.
In coordination with regional partners or independently, establish a Farmland
Preservation Program. When Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance is converted to urban uses outside City limits, this program would
require that the developer of such a project permanently protect an equal amount of
similar farmland elsewhere through easement. [mitigate the loss of such farmland
consistent with the requirements of CEQA. The Farmland Preservation Program shall
provide several mitigation options that may include, but are not limited to the following:
Restrictive Covenants or Deeds, In Lieu Fees, Mitigation Banks, Fee Title Acquisition,
Conservation Easements, Land Use Regulation, or any other mitigation method that is
in compliance with the requirements of CEQA. The Farmland Preservation Program
may be modeled after some or all of the programs described by the California Council of
Land Trusts.]
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13526
The Fresno City Planning Commission, at its regular meeting on April 4, 2018, adopted the
following resolution relating to Rezone Application No. R-18-004:
WHEREAS, on February 4, 2016, as part of its consideration of the zoning map update, the City
Council directed that in order to ease the transition, property owners be allowed to request
reversion to a zone district equivalent to that existing prior to the zoning map update; and
WHEREAS, Rezone Application No. R-18-004 includes 17 such property owners requests, in
addition to 11 changes which correct minor errors that have been identified by staff on the
zoning map; and
WHEREAS, staff is recommending approval of Requests 1-26 as described in Exhibit A;
WHEREAS, the Planning Commission’s scheduled April 4, 2018, hearing on Rezone Application
No. R-18-004 was duly noticed by publication in the Fresno Bee on March 23, 2018, the
newspaper of greatest local circulation; and
WHEREAS, on April 4, 2018, the Fresno Planning Commission conducted a public hearing to
consider Rezone Application No. R-18-004 and related Environmental Assessment, Plan
Amendment and Text Amendment; and,
WHEREAS, on April 3, 2018, the District 1 Plan Implementation Committee recommended
approval of the proposed Rezone application; and
WHEREAS, on April 2, 2018, the District 2 Plan Implementation Committee recommended
approval of the proposed Rezone application; and
WHEREAS, the District 3 Plan Implementation Committee is currently inactive and therefore did
not meet to consider the applications; and
WHEREAS, on April 2, 2018, the District 4 Plan Implementation Committee recommended
approval of the proposed Rezone application; and
WHEREAS, on April 2, 2018, the District 5 Plan Implementation Committee recommended
approval of the proposed Rezone application; and
WHEREAS, on April 2, 2018, the District 6 Plan Implementation Committee recommended
approval of the proposed Rezone application; and
WHEREAS, the District 7 Plan Implementation Committee is currently inactive and therefore did
not meet to consider the applications; and
WHEREAS, on April 3, 2018, the Tower District Design Review Committee recommended
approval of the proposed Rezone application; and
Planning Commission Resolution No. 13526
Rezone No. R-18-004
April 4, 2018
Page 2
WHEREAS, on April 2, 2018, the Fulton-Lowell Design Review Committee recommended
approval of the proposed Rezone application; and
WHEREAS, on April 2, 2018, the Airport Land Use Commission reviewed the Rezone
application and failed to find consistency between rezone requests 3, 4 18, 25 and 28 and the
Sierra Sky Park Land Use Policy Plan (requests 3 and 4), the Fresno Yosemite International
Airport Land Use Compatibility Plan (request 18) and the Chandler Executive Airport Land Use
Compatibility Plan (items 25 and 28); and,
WHEREAS, during the April 4, 2018, hearing, the Commission received and considered the
Development and Resource Management Department’s report recommending approval of the
Rezone and related Plan Amendment and Text Amendment Applications and errata and
provided the opportunity for consideration of testimony from the applicant and the public; and
WHEREAS, 13 members of the public spoke in support of the applications and none spoke in
opposition; and
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission, based upon
information presented at the hearing, finds in accordance with its own independent judgment
that there is no substantial evidence in the record to indicate that Rezone Requests 1-26 may
have a significant effect on the environment as identified by, and evaluated within,
Environmental Assessment No. A-18-003/R-18-004/TA-17-002, an Addendum to Final Master
Environmental Impact Report SCH No. 2012111015 and to Program Environmental Impact
Report SCH No. 2012041009, dated March 23, 2018.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that the approval
of Rezone Requests 1-26 is consistent with the adopted Fresno General Plan, the Bullard,
Fresno High, McLane, Roosevelt, Hoover, West Area and Downtown Neighborhoods
Community Plans, the Tower District Specific Plan, Sierra Sky Park Land Use Policy Plan, the
Fresno Chandler Executive Airport Land Use Compatibility Plan, the Fresno-Chandler
Downtown Airport Master and Environs Specific Plan and the Fresno Yosemite Airport Land Use
Compatibility Plan.
BE IT FURTHER RESOLVED that the Fresno Planning Commission finds that the adoption of
the proposed Rezone is in the best interest of the City of Fresno and makes the following
findings pursuant to section 65863 of the California Government Code:
A. The reduction in residential densities on sites within the Housing Element inventory
included in the proposed Plan Amendment is consistent with the goals and objectives
of the Fresno General Plan, and is consistent with the Housing Element; and
B. The remaining sites identified in the Housing Element are adequate to meet the
requirements of Section 65583.2 and to accommodate the City’s share of the
regional housing need pursuant to Section 65584. The capacity quantification for
all income categories is as follows:
Planning Commission Resolution No. 13526
Rezone No. R-18-004
April 4, 2018
Page 3
i. The 2013-2023 RHNA capacity for very low/low is proposed to be
increased by 118 units which will increase the surplus from 5,996 to
6,114. The 2013-2023 RHNA for very low/low is 13,114 and the total
capacity remaining after the proposed increase is 19,228.
ii. The 2013-2023 RHNA capacity for moderate is proposed to be reduced
by 134 units which will reduce the surplus from 2,250 to 2,116. The
2013-2023 RHNA for moderate is 1,723, and the total capacity
remaining after the proposed reduction is 3,839.
iii. The 2013-2023 RHNA capacity for above moderate is proposed to be
increased by 50 units which will increase the surplus from 3,668 to
3,718. The 2013-2023 RHNA for above moderate is 6,193, and the total
capacity after the proposed increase is 9,911.
iv. The 2008-2013 RHNA total capacity for very low/low has no changes
proposed.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends
that the City Council approve Rezone Requests 1-26 in Rezone Application No. R-18-004 with
errata as presented by staff.
///
Whites Bridge
MapleBrawleyHerndon
Bullard
Shaw
ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceDe WolfHighlandMcCallShields
McKinley
Belmont
ChestnutPeachAmerican
CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth
California
Jensen
Central
Ashlan GrantlandHayesCorneliaBrawleyMarksShaw
Bullard
Herndon
Nees
McCallHighlandDe WolfShields
McKinley
Belmont
California
Jensen
North
Kings Canyon
AshlanPeachBehymer
Copper
Shepherd
NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota
Clinton
Olive
Gettysburg
Barstow
Sierra
Alluvial
Nielsen
Kearney
Muscat
Annadale
Church
WillowMinnewawaMalaga
OrangeBryanSunnysideArmstrongLocanLeonardThompsonFigCherryHughesFruitPolkValentineBlytheAlluvial
Sierra
Barstow
Perrin
SunnysideArmstrongLocanThompsonLeonardClinton
Olive
Tulare
Butler
Church
Annadale
Dakota
Gettysburg
MinnewawaInternational
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·|}þ
·|}þ
·|}þ
·|}þ
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20
2
7
9
12
16
28
25
1
3
4 5
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1013
14
15
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18
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19
21
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®
0 2 4 61Miles Date 3/22/2018
Legend
Clean-up Boundaries
City Limits
Planning Boundary
Sphere of Influence
City of Fresno
Development and Resource Management Department
Proposed General Plan Amendmentsand Rezonings
Exhibit A - Plan Amendment Application No. 4-17-003 and Rezone Application No R-18-004 Table and Maps
Exhibit A -2#Description APN City Council District Past Now Request Past Now Request Acres Staff Recommendation1Minnewawa Ave./ Church Ave.Tract Map 5513: 48143105-07, 48143225-31, 48153101-18, 48153201-03, 48153301-33, 48153401-28, 48153501-22, and 48153601T 5 NA, New Annex- ation NA, New Annex- ation RS-4 NA, New Annex- ation Medium High Density Residential Medium Low Density Residential 18.92 Approve 2 Maroa Ave./ Shaw Ave.41725104, 41725120-22,41725155-58, 41733102-05,
41733112, 41733115-17,
41733201-03, 41733210-13,
41733215,41733217, and
41733216T
NA NA NA
CMX
NA Medium Density Residential Corridor/ Center Mixed Use Medium Density Residential 16.29
Approve
3 2626 W. Alluvial
Ave.
50043021 and 24T 2 R-1-B
R-A
PR
CRC
RS-4 Open Space/
Commercial
Recreation
Open Space/
Commercial
Recreation
Medium Low
Density
Residential
11.84
Approve
4 Dante Ave./
Bullard Ave.
50613008S and 09S 2 R-3 RM-1 RM-2 Medium High
Density
Residential
Medium High
Density
Residential
Urban
Neighborhood
Residential
6.70
Approve
5 Van Ness Blvd./
Bullard Ave.
40609114, 31, and 32 2 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-1 Low Density
Residential
Low Density
Residential
Low Density
Residential
1.50
Approve
6 Ashlan Ave./
Blythe Ave.
51009036 1 C-6 RM-1 CG Commercial
General-Heavy
Medium High
Density
Residential
General
Commercial
2.85
Approve
7 Herndon Ave./
State Route 41
40802201-20, 40802301-16,
40803201-18, 40803301-18,
40804301-10, 40804401-10
and 40806119T
6 R-A CMX RS-5 Medium Density
Residential
Corridor/ Center
Mixed Use
Medium Density
Residential
17.94
Approve
8 5677 N. Fresno
St.
418520X1, 38, and 39 4 R-P RM-1 O Medium High
Density
Residential
Medium High
Density
Residential
Office
Employment
0.49
Approve
31002089S, 31073102S,
31091101S-32S, 31091201S
and 2S, 31091301S-23S,
31091401S-10S, 31091501S-
10S, 31091601S-10S, and
31091701S-10S
4 R-A RM-2 RS-4 Medium Density
Residential
Urban
Neighborhood
Residential
Medium Low
Density
Residential
21.02
31002085S and 88S 4 R-A RS-5 RS-4 Medium Density
Residential
Medium Density
Residential
Medium Low
Density
Residential
28.11
10 Clovis Ave./
California Ave.
31602201 and 31628036T 5 AE-20 CMX RS-4 Medium Low
Density
Residential
Corridor/ Center
Mixed Use
Medium Low
Density
Residential
17.23
Approve
11 Huntington
Blvd./ Chestnut
Ave.
46123302 - 07, 46123401, 02,
12 - 17, and 46130301
5 R-3
R-2 (1 lot)
R-1 (1 lot)
RS-5 RM-2 Medium High
Density
Residential
Medium Density
Residential
Urban
Neighborhood
Residential
5.76
Approve
12 Cedar Ave./
Kings Canyon
Rd.
47006104, 47006215 and 16,
47006315, 47007129 - 41,
47014115, 47014215 and 16,
47014315 and 16, 47015127 -
34, 36, and 38 - 41, 47021308
and 13, 47021605 and 08,
47028304 and 07, and
47028604 and 13
5 R-1
R-2 (1 lot)
NMX RS-5 Medium Density
Residential
Neighborhood
Mixed Use
Medium Density
Residential
6.27
Approve
13 Kings Canyon
Rd./ Chance
Ave.
47007105, 06, and 29,
47007201, 24, 27, and 29,
47007301 and 19
5 C-6 RS-5 NMX Commercial
General-Heavy
Medium Density
Residential
Neighborhood
Mixed Use
2.77
Approve
14 McKenzie Ave.
median islands
between Maple
Ave. and Sierra
Vista Ave.
46016501T 7 R-1
C-5 (small
corner at
Maple)
RS-5 PR None Medium Density
Residential
Open Space 1.63
Approve
Approve
General Plan Land UseZoning
9 Dakota Ave./
Armstrong Ave.
R-1-C and
R-2-A
RS-5241725123-30, 41725134-54,
41725301-08, 41753001-08
417250X1, and 417530XA
316022323160223331602234 NA, New Annex- ation NA, New Annex- ation PI High Density Residential Public Facility Middle and High School Public Facility Middle and High School 19.0031602229ST 31602231T
31602235T
NA, New Annex-
ation
NA, New Annex-
ation
PI Medium Density Residential Public Facility Middle and High
School
Public Facility Middle and High
School
59.71
31602259T NA, New
Annex-
ation
NA, New
Annex-
ation
PI Medium Density
Residential
Public Facility
Elementary
School
Public Facility
Elementary
School
13.35
16 Minnewawa
Ave./ Butler
Ave.
47209042 - 59, 47249101 -
17, and 47249201 - 08
5 R-1 PR RS-4 Open Space Open Space
(Medium Low
Density
Residential Dual
Designation Land
Use)
Medium Low
Density
Residential and
remove dual
designation land
use of Medium
Low Density
Residential
7.89
Approve
17 4206 E. White
Ave.
45430321 7 C-1 NMX CC Commercial
General-Heavy
Medium Density
Residential
Neighborhood
Mixed Use
0.24
Approve
18 4909 E.
McKinley Ave.
49429109T 4 M-1-P PI CC Public Facilities Public Facilities Community
Commercial
1.49 Approve
32610076 NA, New
Annex-
ation
NA, New
Annex-
ation
RM-2 Urban
Neighborhood
Residential
Urban
Neighborhood
Residential
Urban
Neighborhood
Residential
18.38
32610039, 77 and 78 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-5 Medium Density
Residential
Medium Density
Residential
Medium Density
Residential
58.86
32610036 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-4 Medium High
Residential
Medium High
Residential
Medium Low
Residential
18.14
32610021 NA, New
Annex-
ation
NA, New
Annex-
ation
RS-4 Medium Low
Residential
Medium Low
Residential
Medium Low
Residential
1.45
32610046 NA, New
Annex-
ation
NA, New
Annex-
ation
OS Open Space -
Neighborhood
Park
Open Space -
Neighborhood
Park
Open Space -
Neighborhood
Park
0.73
32610038T NA, New
Annex-
ation
NA, New
Annex-
ation
PI Public Facilities -
Elementary
School
Public Facilities -
Elementary
School
Public Facilities -
Elementary
School
18.13
20 Jenson Ave./
Cornelia Ave.
32703041T (southern
portion)
32703038T (southern
portion)
3 AE-20 PI IH Public Facilities -
Waste Water
Treatment
Facility
Public Facilities -
Waste Water
Treatment
Facility
Heavy Industrial
Employment
13.65
Approve
C-5 (along
Palm)
RS-5 CMS
(along
Palm)
Medium Density
Residential
Medium Density
Residential
Main Street
Commercial
(along Palm)
0.23
R-2 (along
Ferger)
RS-5 RS-5
(along
Ferger)
Medium Density
Residential
Medium Density
Residential
Medium Density
Residential
(along Ferger)
0.23
22 404 W.
McKinley Ave.
44426119 1 C-P RS-5 O Medium Density
Residential
Medium Density
Residential
Office
Employment
0.53
Approve
23 Shields Ave./
Polk Ave.
annexation
51102117 and 18 1 NA,
Unincorp.
RS-4 RS-4 Medium Low
Residential
Urban
Neighborhood
Residential
Medium Low
Residential
9.84
Approve
24 Shields Ave./
Fresno St.
43726416 7 CP RS-5 O Medium Density
Residential
Medium Density
Residential
Office
Employment
0.65
Approve
25 C St./ Tulare
Ave.
46710502, 46710601 - 06,
46715207 and 08, 46715217,
and 46715301 - 04
3 C-6 RS-5 NMX Medium High
Density
Residential
Medium Density
Residential
Neighborhood
Mixed Use
4.40
Approve
44208217 R-P RM-1 CC Medium High
Density
Residential
Medium High
Density
Residential
Community
Commercial
0.43
44208229 C-5 RM-1 CC Medium High
Density
Residential
Medium High
Density
Residential
Community
Commercial
0.78
44902015 3 M-1 RS-5 BP Light Industrial Medium Density
Residential
Business Park
Employment
5.42
44917001 3 C-M RS-5 BP General-Heavy
Commercial
Medium Density
Residential
Business Park
Employment
4.16
28 419 W.
Whitesbridge
Ave.
46411103, 04, and 11 - 14 3 C-6 RS-5 CG Light Industrial Medium Density
Residential
General
Commercial
2.18
Deny
Deny
19
21
26
Approve
Approve
Approve
Approve
27
5NE Corner of Jensen Ave. and Fowler Ave. – Sanger Unified School District
property
2041 W.
McKinley Ave.
and 1464 N.
Hughes Ave.
Hughes Ave./
Weber Ave.
15
1
Palm Ave./
McKinley Ave.
45103104 - 06 1
339 N. Brawley
Ave. APNS are
incorrect
Annexation
#1350 RO-06-20
3
#Description APN City Council District Past Now Request Past Now Request Acres Staff RecommendationGeneral Plan Land UseZoning
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13527
The Fresno City Planning Commission, at its regular meeting on April 4, 2018, adopted the
following resolution relating to Text Amendment Application No. TA-18-002:
WHEREAS, as part of its consideration of a newly drafted Development Code the City Council
directed staff to amend the Development Code as needed in order to improve functionality,
clarity, internal consistency, and consistency with State law; and
WHEREAS, Text Amendment Application No. TA-18-002 proposes minor edits of the
Development Code in order to improve the functionality, clarity, internal consistency, and
consistency with State law, as described in Exhibit A; and
WHEREAS, the Planning Commission’s scheduled April 4, 2018, hearing on Text Amendment
Application No. TA-18-02 was duly noticed by publication in the Fresno Bee on March 23, 2018,
the newspaper of greatest local circulation; and
WHEREAS, on April 4, 2018, the Fresno Planning Commission conducted a public hearing to
consider Text Amendment Application No. TA-18-002 along with related Plan Amendment and
Rezone Applications; and,
WHEREAS, during the April 4, 2018, hearing, the Commission received and considered the
Development and Resource Management Department’s report recommending approval of the
Text Amendment, and associated environmental documents and provided the opportunity for
consideration of testimony from the applicant and the public; and
WHEREAS, on April 3, 2018, the District 1 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the District 2 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, the District 3 Plan Implementation Committee is currently inactive and therefore did
not meet to consider the applications; and
WHEREAS, on April 2, 2018, the District 4 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the District 5 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the District 6 Plan Implementation Committee recommended
approval of the proposed applications; and
WHEREAS, the District 7 Plan Implementation Committee is currently inactive and therefore did
not meet to consider the proposed applications; and
Planning Commission Resolution No. 13527
Text Amendment No. TA-18-002
April 4, 2018
Page 2
WHEREAS, on April 3, 2018, the Tower District Design Review Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the Fulton-Lowell Design Review Committee recommended
approval of the proposed applications; and
WHEREAS, on April 2, 2018, the Airport Land Use Commission reviewed the Text Amendment
application and recommended clarifying edits to Section 32 and recommended approval of the
remainder of the Text Amendment; and,
WHEREAS, during the April 4, 2018, hearing, the Commission received and considered the
Development and Resource Management Department’s report recommending approval of the
Text Amendment, related Environmental Assessment, Plan Amendment and Rezone
Applications and errata and provided the opportunity for consideration of testimony from the
applicant and the public; and
WHEREAS, 13 members of the public spoke in support of the applications and none spoke in
opposition; and
NOW, THEREFORE, BE IT RESOLVED that the Fresno City Planning Commission, based upon
information presented at the hearing, finds in accordance with its own independent judgment
that there is no substantial evidence in the record to indicate that the text amendment may have
a significant effect on the environment as identified by, and evaluated within, Environmental
Assessment No. A-18-003/R-18-004/TA-17-002, an Addendum to Final Master Environmental
Impact Report SCH No. 2012111015 and to Program Environmental Impact Report SCH No.
2012041009, dated March 23, 2018.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that the approval
of the text amendment is consistent with the adopted Fresno General Plan, and the findings
required pursuant to Sections 66410 and 65863 et.seq of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends
that the City Council approve Text Amendment Application No. TA-18-002 with errata as
presented by staff.
///
Exhibit A
City of Fresno, Citywide Development Code
Clean Up Text Amendment, April, 2018
SECTION 1. Table 15-107-B of the Fresno Municipal Code is amended as follows:
TABLE 15-107-B: OVERLAY DISTRICTS
Short Name/Map Symbol Full Name
BP [BL] Bluff Protection
SECTION 2. Section 15-311-A of the Fresno Municipal Code is amended as follows:
A. [Uncovered] D[d]ecks, patios, porches, landings, balconies, and unenclosed
stairways;
SECTION 3. Section 15-404-F of the Fresno Municipal Code is amended as follows:
F. Abandonment of Legal Non-Conforming Uses.
1. Residential Districts. A Legal Non-Conforming use shall not be re-established in
any structure in a Residential District if such Legal Non-Conforming use has
ceased for a consecutive six-month period.
2. [Mixed Use Districts. A Legal Non-Conforming use shall not be re-established in
any structure if such Legal Non-Conforming use has ceased for a consecutive
five-year period.]
[3. All Other] Non-Residential Districts. A Legal Non-Conforming use shall not be re-
established in any structure in a Non-Residential District if such Legal Non-
Conforming use has ceased for a consecutive 12-month period within five years
of January 3, 2016. Once the five year period from the effective date of this Code
has passed, a Legal Non-Conforming Use shall not be re-established in any
structure in a Non-Residential District if such Legal Non-Conforming Use has
ceased for a consecutive period of 90 days or more.
SECTION 4. Section 15-405-E of the Fresno Municipal Code is amended as follows:
E. Enlargement of Non-Conforming Structures
1. Enlargement of Single-Family Residential Structures. A legal non-conforming
single-family use or structure in a Non-Residential District may be enlarged,
provided the addition does not reduce the number of parking spaces, alter the
size of parking spaces, or the location and size of driveways; and the addition
does not change the structure from single-family use to multi-family use. [Such
an expansion shall conform to the property development standards of either the
Base District (and Overlay Districts, if applicable) for the site, or a Residential
District which is appropriate to the size and configuration of the site at the
discretion of the Review Authority.]
2. Enlargement of Other Legal Non-Conforming Structures [and Site Features]. A
legal non-conforming structure [or site feature] being used for a conforming use
may be enlarged or structurally altered if the new portion of the structure [or site
feature] conforms to the regulations of the district in which it is located. If strict
conformance with current setback requirements would cause unsightly or
impractical site layouts, and a deviation from such requirements shall not cause
impacts on neighboring uses, the Review Authority may exempt the enlargement
of a legal non-conforming structure [or site feature] from setback requirements at
their discretion. Unaltered portions of such structures [or site features] will be
allowed to remain non-conforming. A Legal Non-Conforming structure [or site
feature] housing [or associated with] a non-conforming use shall not be enlarged
or altered except as put forth in Section 15-404-B.
SECTION 5. Table 15-902 of the Fresno Municipal Code is amended as follows:
TABLE 15-902: USE REGULATIONS—RESIDENTIAL SINGLE-FAMILY DISTRICTS
District RE RS-1 RS-2 RS-3 RS-4 RS-5 Additional Regulations
Public and Semi-Public Use Classifications
Park and Recreation
Facilities, Public C [P] C [P] C [P]
C(1)
[P]
C(1)
[P]
C(1)
[P]
SECTION 6. Section 15-904-A of the Fresno Municipal Code is amended as follows:
[8. Driveway Paving. All driveways shall be paved per Public Works standards.]
SECTION 7. Table 15-1002 of the Fresno Municipal Code is amended as follows:
TABLE 15-1002: USE REGULATIONS—RESIDENTIAL MULTI-FAMILY DISTRICTS
District RM-1 RM-2 RM-3 RM-MH Additional Regulations
Public and Semi-Public Use Classifications
Park and Recreation Facilities, Public C(2) [P] C(2) [P] C(2) [P] C[P]
Commercial Use Classifications
[Corner Commercial] [P] [P] [P] [P] [§ 15-2722, Corner Commercial]
SECTION 8. Table 15-1102 of the Fresno Municipal Code is amended as follows:
TABLE 15-1102: USE REGULATIONS—MIXED-USE DISTRICTS
Use Classifications NMX CMX RMX Additional Regulations
Residential Use Classifications
Elderly and Long-Term Care P(1) ‒[P(1)] ‒[P(1)]
[Domestic Violence Shelter]
[Small (6 persons or less)] [P(1)] [P(1)] [P(1)]
[Large (7 persons or more)] [P(1)] [P(1)] [P(1)]
[Caretaker Residence] [P(1)] [P(1)] [P(1)]
Residential Care Facilities
[Residential Care, Senior] [P(1)] [P(1)] [P(1)]
[Single Room Occupancy] [C] [C] [C]
Public and Semi-Public Use Classifications
Colleges and Trade Schools, Public or Private C(3) C(3) C(3)
Community and Religious Assembly (2,000
square feet or more) C(4) [P] C(4) [P] P
§15-2719, Community and Religious
Assembly Facilities
Conference/Convention Facility C(4) C(4) C
Cultural Institutions P(5) C [P] C [P]
Government Offices P(2[1]) P(1) P(1)
Hospitals and Clinics
Clinic C(5) [P] P(5) P
Schools, Public or Private C[P] C[P] C[P]
Social Service Facilities C[P(1)] P(1)
‒
[P(1)]
Commercial Use Classifications
Automobile/Vehicle Sales and Services
[Automobile Rentals]
[C(12)(
19)] [C(12)] [C(12)]
[Automobile/Vehicle Repair, Major]
[C(12)(
19)] [C(12)] [C(12)]
[Automobile/Vehicle Service and Repair,
Minor]
[C(12)(
19)] [C(12)] [C(12)]
[Automobile Washing]
[C(12)(
19)] [C(12] [C(12]
Banks and Financial Institutions
Banks and Credit Unions P(5) P P
Eating and Drinking Establishments
Bars/Nightclubs/Lounges C(16) C(16) C(16) §15-2743, Outdoor Cooking for Commercial
Purposes; §15-2744, Outdoor Dining and
Patio Areas; §15-2751, Restaurants with
Alcohol Sales, Bars, Nightclubs, and
Lounges Restaurant with Alcohol Sales C(16) C(16) C(16)
Entertainment and Recreation
Cinema/Theaters C [P] C [P] P
Small-Scale
C(17)
[P] P P
§15-2708, Arcades, Video Games, and
Family Entertainment Centers, §9-1801,
Billiard Rooms
TABLE 15-1102: USE REGULATIONS—MIXED-USE DISTRICTS
Use Classifications NMX CMX RMX Additional Regulations
[Food Preparation] [P(1)] [P(1)] [P(1)]
Funeral Parlors and Internment Services ‒[P(1)] ‒[P(1)]
C[P(1)
]
§15-2714, Body Preparation and Funeral
Services
Live/Work P(1) P(1) P(1)
Lodging
[Bed and Breakfast] [P] [P] [P]
Maintenance and Repair Services P(9) P(9) P(5)
Offices
Business and Professional P(9) P P
Medical and Dental P(4) P P
Walk-In Clientele P(9) P P
Retail Sales
Large-Format Retail ‒ [P] ‒ [P] P
§15-2737, Large-Format Retail; §15-2745,
Outdoor Retail Sales
Nurseries and Garden Centers P P(5) P
[Swap Meet / Flea Market] [C] [C] [C] [§ 15-2730, Flea Markets]
Industrial Use Classifications
[Custom Manufacturing]
[P(12)(
19)] [P(12)] [P(12)]
[Limited Industrial]
[C(13)(
18)(19
)] [C(13)] [C(13)]
Agricultural and Extractive Use Classifications
Produce Stand P - [P] - [P]
§15-2752, Roadside Fruit Stands / Grower
Stands
Specific Limitations:
16. [(Reserved)] If an MX District is applied to the area bounded by Divisidero Avenue, Highway 41, and Highway 99, a
Conditional Use Permit shall not be required for Bars/Nightclubs/Lounges within that area.
[19. Prohibited in the following areas: Parcels which are located south of State Route 180 and west of the Union Pacific Railroad.]
SECTION 9. Table 15-1202 of the Fresno Municipal Code is amended as follows:
TABLE 15-1202: LAND USE REGULATIONS—COMMERCIAL DISTRICTS
Use Classifications CMS CC CR CG CH CRC Additional Regulations
Commercial Use Classifications
Food and Beverage Sales
Liquor Stores C C C C C ‒
§15-2307[2706], Alcohol Sales;
§15-2745, Outdoor Retail Sales
Personal Services
Massage Establishments P[C] P[C] P[C] P[C] ‒ P[C]
Retail Sales
Building Materials and Services
C(13[
12]) C P P ‒ ‒ §15-2745, Outdoor Retail Sales
SECTION 10. Section 15-1304-B of the Fresno Municipal Code is amended as follows:
B. Exceptions to Maximum Height in Woodward Park Area. Within the geographic
area that is hatched in Figure 15-1304-B, the maximum permitted building height
may be increased to 120 feet. Such projects shall conform to the residential
transition standards in Section 1304-A and shall be subject to a Conditional Use
[Planned Development] Permit.
SECTION 11. Section 15-1404-A of the Fresno Municipal Code is repealed:
A. Additional Height for Recreational Facilities. Additional height for structures
related to recreational facilities such as light standards, nets, and fences, may be
approved with a Conditional Use [Planned Development] Permit.
SECTION 12. Figure 15-1501-C of the Fresno Municipal Code is amended as follows:
SECTION 13. Table 15-1502 is replaced as follows:
TABLE 15-1502: USE REGULATIONS—DOWNTOWN DISTRICTS DTN DTG DTC Additional Regulations Activity Class A B C A B C A B C See Figure 15-1501 for Activity Classifications Map Use Classification
Commercial Use Classifications Personal Services Massage Establishments P[C] P[C] P[C] P[C] P[C] P[C] P[C] P[C] P[C]
SECTION 14. Section 15-1603-A of the Fresno Municipal Code is amended as follows:
A. Purpose. The Bluff Protection (BP[BL]) Overlay District is intended to provide
special land development standards that will preserve the integrity of the natural
landscape of the southerly San Joaquin River Bluffs, adjacent properties, and
adjacent open spaces as areas of special quality by reason of the topography,
geologic substratum, and environment of the area. Regulations for the BP[BL]
Overlay District are deemed necessary for the preservation of the special
qualities of the southerly San Joaquin River Bluffs, and for the protection of the
health, safety, and general welfare of owners and users of property within the
River Bluff Influence Area.
SECTION 15. Section 15-1603-D-1 of the Fresno Municipal Code is amended as
follows:
1. Bluff Setback. Development, including buildings, structures, decks, pools, spas,
and steps, shall be setback a minimum of 30 [20] feet from the bluff edge or as
identified as necessary for the preservation of the existing state of the bluffs in
the soils report prepared pursuant to Section 15-1603-F, Soils Report, whichever
is greater. Buildings, structures, decks, pools, spas, and steps include all objects
that may be below grade, at grade, or above grade.
SECTION 16. Section 15-1603-E of the Fresno Municipal Code is amended as follows:
E. Development Permit. A Development Permit is required for all grading and
development, including buildings, structures, decks, pools, spas, and steps,
within or abutting the southerly boundary of the BP[BL] Overlay District. This
section applies to above or below grade objects.
SECTION 17. Section 15-1609-B-1-b of the Fresno Municipal Code is amended as
follows:
b. Single Unit Dwelling, Attached[; Live/Work;] and Multi-Unit Residential shall be
permitted in all locations, including the ground floor along major streets.
SECTION 18. Section 15-2002-B of the Fresno Municipal Code is amended as follows:
B. Setback Requirements. For purposes of setbacks, the distance for all structures,
pools, fences, etc. shall be measured from the rear of the required landscape
setback/easement as follows:
[1. RS Districts: The setback shall be measured from the rear of the required
landscape setback/easement.
2. All Other Districts.
a. Landscape Easements With a Trail. The setback shall be measured from
the back of the walkway or sidewalk, but in no instance shall any structure,
pool, fence, etc. be constructed within the easement.
b. Landscape Easements Without a Trail. The setback shall be measured
from the rear of the required landscape setback/easement.]
SECTION 19. Section 15-2020-F of the Fresno Municipal Code is amended as follows:
F. Exceptions. If more than 75 percent of a lot is located in one zoning district,
modifications to the provisions of this section may be granted through Planning
Commission [Review Authority] approval of a Conditional Use [Planned
Development Permit.]
SECTION 20. Section 15-2412 of the Fresno Municipal Code is amended as follows:
[E. Streamlined Development as defined in Section 65913.4 of the California
Government Code shall not be required to provide on-site parking.]
SECTION 21. Section 15-2413-D of the Fresno Municipal Code is amended as follows:
D. Other Parking Reductions. Required parking for any use may be reduced up to
20 percent through Planning Commission [Review Authority] approval of a
Conditional Use [Planned Development] Permit, however the 20 percent
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 [Review Authority] may only
approve a Conditional Use [Planned Development] Permit for reduced
parking if it finds that:
SECTION 22. Section 15-2610-D of the Fresno Municipal Code is amended as follows:
D. Projecting Signs. Signs under canopies or covers in conjunction with pedestrian
walkways, or signs projecting from buildings are allowed, subject to the following
additional standards:
1. Maximum Number. One per building or tenant space [per frontage].
2. Maximum Sign Area Per Sign.
a. Projecting Signs.
[i. DT Districts: 150 square feet.
ii. MX and CMS Districts: 50 square feet.
iii. All Other Districts:] 12 square feet.
b. Under Canopy or Awning Signs. Eight square feet.
3. Height Limit.
a. [DT, MX, and CMS Districts: 10 feet above roof.]
[b. All Other Districts: ]12 feet above finished grade.
4. Minimum Sign Clearance. Eight feet.
5. Projection Allowed. A projecting sign cannot extend more than four feet
from the building to which it is attached and shall be designed and located
so as to cause no harm to street trees.
6. Illumination. No internal illumination is permitted. [W ithin DT, MX, and CMS
Districts. If illuminated, Projecting Signs may be only illuminated by one of
the following methods:
a. External Illumination. Externally illuminated with decorative lamps
mounted in a manner that does not block the view of the sign from the
street or sidewalk.
b. Exposed Neon. Individual letters may be internally illuminated with
exposed neon tubes or a similar light source, but shall not have a
translucent panel, lens, or face.
c. Halo. The illumination of a sign by projecting light behind an opaque
letter or emblem which results in the appearance of ring of light around
the unilluminated letter or emblem.]
SECTION 23. Section 15-2610-E-7 of the Fresno Municipal Code is amended as
follows:
7. Illumination within Downtown [DT and CMS] Districts. If illuminated, Wall Signs
may be only illuminated by one of the following methods:
a. External Illumination. Externally illuminated with decorative lamps mounted in
a manner that does not block the view of the sign from the street or sidewalk.
b. Exposed Neon. Individual letters may be internally illuminated with exposed
neon tubes or a similar light source, but shall not have a translucent panel,
lens, or face.
c. Halo. The illumination of a sign by projecting light behind an opaque letter or
emblem which results in the appearance of ring of light around the
unilluminated letter or emblem.
SECTION 24. Section 15-2610-G-6 of the Fresno Municipal Code is amended as
follows:
[6. Illumination. If illuminated, Roof Signs may be only illuminated by one of the
following methods:
a. External Illumination. Externally illuminated with concealed flood lighting.
b. Exposed Neon. Individual letters may be internally illuminated with exposed
neon tubes or a similar light source, but shall not have a translucent panel,
lens, or face.
c. Halo. The illumination of a sign by projecting light behind an opaque letter or
emblem which results in the appearance of ring of light around the
unilluminated letter or emblem.]
SECTION 25. Section 15-2612-A of the Fresno Municipal Code is amended as follows:
A. Projects Requiring a Master Sign Program. A Master Sign Program is required
for the following types of projects:
1. Multi-Family Residential. Developments of 50 or more units.
2. Non-Residential or Mixed-Use Projects. All new non-residential or mixed-use
projects of two [five] or more separate non-residential tenants.
3. Multiple Signs. Proposals for five [10] or more signs on the same building or
site with two or more separate tenants.
4. Planned Development District. Any project in a PD District or using the
Planned Development provisions of this Code.
5. Pole Signs. Proposals to erect a pole sign.
6. Electronic Signs. Signs with electronic copy.
7. Roof Signs. Proposals to erect a roof sign.
8. Alternative Designs. Projects which seek flexibility for sign designs which are
of a high quality and which contribute to the attractiveness and economic
viability of their surroundings, but which do not meet the standards for their
location.
9. Exceptions. Projects within Downtown Districts [for sign types described in
items 1, 2, 3, 6, and 7 above] shall not require a Master Sign Program.
SECTION 26. Section 15-2722-F-1 of the Fresno Municipal Code is amended as
follows:
1. May not have more than one dwelling unit on-site. [Reserved]
SECTION 27. Section 15-2728-B-1 of the Fresno Municipal Code is amended as
follows:
1. Drive-throughs [ordering intercoms or other amplified speaker interface] shall not
be located within 100 feet of a Residential District.
SECTION 28. Section 15-2754-E-2-c of the Fresno Municipal Code is amended as
follows:
[c. City Indemnification. Prior to the installation of a Tiny House, the owner of the
Tiny House shall obtain a permit and execute an agreement, with any required
subordinations prepared by the City, to defend, hold harmless, and indemnify the
City against all claims related to the Tiny House.]
SECTION 29. Section 15-4906-D-1 of the Fresno Municipal Code is amended as
follows:
1. Committees shall review and provide recommendations to the Planning
Commission and Council on every application for a Plan Amendment, Rezone,
Tentative or Parcel Map, Conditional Use Permit, [Planned] Development Permit,
or Variance to develop property within the committees' boundaries. Development
applications may be reviewed by multiple committees if a development project
crosses committee boundaries. In providing its review and recommendations, the
committee shall consider every plan to which the development is subject.
a. Development Permit applications submitted in multi-family and mixed-use
districts consistent with the Certainty Option set forth in sections 15-1004, 15-
1005, 15-1104, and 15-1105 of this Code shall not be subject to review and
recommendation by Council District Project Review Committees.
[Development Permit applications submitted in said districts consistent with
the Flexibility Option set forth in the aforementioned sections of this Code
shall be subject to review and recommendation by Council District Project
Review Committees.]
SECTION 30. Section 15-4906-J of the Fresno Municipal Code is amended as follows:
J. Suspension. Notwithstanding any other provision in this section,
Councilmembers, may, at their discretion, suspend meetings of their Council
District Project Review Committee. The suspension will be documented by a
written notice filed with the City Clerk. At their discretion, Councilmembers may
resume their Council District Project Review Committee meetings by written
notice filed with the City Clerk. [In the event of such a suspension, projects shall
not be subject to the review of the suspended committee.]
SECTION 31. Section 15-5207 of the Fresno Municipal Code is amended as follows:
A. In granting Development Permit approval, the Review Authority may impose
conditions that are reasonably related to the application and deemed necessary
to achieve the purposes of this article and ensure compliance with the applicable
criteria and standards established by this Code or mitigation required pursuant to
environmental review. [Conditions may be related to the following objectives:]
B[A]. Ensure long-term maintenance of adequate clean water resources.
C[B]. The proposed design will not lead to an overburdening of existing or
planned infrastructure capacities, including, but not limited to, capacities for
water, runoff, storm water, wastewater, and solid waste systems.
D[C]. The proposed design incorporates air quality measures or can demonstrate
that it will not negatively impact air quality.
SECTION 32. Section 15-5808 of the Fresno Municipal Code is amended as follows:
The Airport Land Use Commission (ALUC) shall review all text amendments [effecting
projects or property within an Airport Influence Area for consistency with the adopted
Airport Land Use Compatibility Plan which affect the height, density, land use
designation, safety, noise, or related aspects of properties within the ALUC’s purview,
as determined by the Director and/or ALUC staff.] The ALUC shall also review all
Rezones and Plan Amendments that are within their [the ALUC’s] purview. [ALUC
review shall be completed prior to consideration of the matter by the City Council.
Nothing in this Section alters the City’s authority or obligations under the laws of the
State of California, including but not limited to Article 3.5 of Chapter 4 of the State
Aeronautics Act (California Public Utilities Code sections 21670 et seq.).]
SECTION 33. Section 15-6003 of the Fresno Municipal Code is amended as follows:
A. The Director shall negotiate the specific components and provisions of the
Development Agreement on behalf of the City for recommendation to [the
Planning Commission and] the City Council.
B. The [Planning Commission shall make a recommendation to the City Council and
the] City Council shall have the exclusive authority to approve and modify a
Development Agreement.
SECTION 34. Section 15-6005 of the Fresno Municipal Code is amended as follows:
A. Notice of Intent. The Director shall publish a notice of intent to consider adoption
of a Development Agreement as provided in the Government Code (Sections
65090 and 65091).
B. [Planning Commission. The Planning Commission shall hold a duly noticed public
hearing prior to adoption of any Development Agreement and shall make a
recommendation to the City Council to either approve, approve with
modifications, or deny the Development Agreement. Notice of the public hearing
shall be given in accordance with the requirements of Section 15-5007, Public
Notice.]
[C.] City Council. The City Council shall hold a duly noticed public hearing prior to
adoption of any Development Agreement [and shall either approve, approve with
modifications, or deny the Development Agreement.] Notice of the public hearing
shall be given in accordance with the requirements of Section 15-5007, Public
Notice. The City Council public hearing may, but need not, be held concurrently
with the public hearing(s) on the project.
SECTION 35. Section 15-6702 of the Fresno Municipal Code is amended as follows:
Accessory Living Quarters. Living quarters of permanent construction without
kitchen or cooking facilities, [which may be attached, detached, or located within the
living areas of the primary dwelling unit on the lot]. used primarily for temporary
guests of the occupants of the principal dwelling on the lot, and not rented or
otherwise used as a separate dwelling.
SECTION 36. Section 15-6703- Hospitals and Clinics of the Fresno Municipal Code is
amended as follows:
Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured
persons exclusively on an out-patient basis including emergency treatment,
diagnostic services, administration, and related services to patients who are not
lodged overnight. Services may be available without a prior appointment. This
classification includes licensed facilities such as blood banks and plasma centers,
and emergency medical services offered exclusively on an out-patient basis. This
classification does not include private medical and dental offices that typically
require appointments and are usually smaller scale. [This classification includes
substance abuse treatment and recovery programs which are not residential in
nature and which exclusively administer counseling services.]
Substance Abuse Treatment Clinic. A facility that offers [administers medication, or
supervises the self-administration of medication, for] substance abuse treatment and
recovery programs.
SECTION 37. Section 15-6704- Automobile/Vehicle Sales and Services. of the Fresno
Municipal Code is amended as follows:
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor
homes, boats, and recreational vehicles, including the incidental sale, installation,
and servicing of related equipment and parts, generally on an overnight basis. This
classification includes auto repair shops, body and fender shops, transmission
shops, wheel and brake shops, auto glass services, [and] vehicle painting, and tire
sales and installation, but excludes vehicle dismantling or salvaging and tire
retreading or recapping.
Automobile/Vehicle Service and Repair, Minor. The service and repair of
automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale,
installation, and servicing of related equipment and parts. This classification includes
the replacement of small automotive parts and liquids as an accessory use to a
gasoline sales station or automotive accessories and supply store, and quick-service
oil, tune-up, and brake and muffler shops, where repairs are made or service is
provided in enclosed bays and no vehicles are stored overnight[, including tire sales
and installation.] This classification excludes disassembly, removal, or replacement
of major components such as engines, drive trains, transmissions, or axles;
automotive body and fender work; vehicle painting; or other operations that generate
excessive noise, objectionable odors, or hazardous materials; and towing services. It
also excludes repair of heavy trucks, limousines, or construction vehicles.
FRESNO CITY PLANNING COMMISSION
RESOLUTION NO. 13528
The Fresno City Planning Commission, at its regular meeting on April 4, 2018, adopted the
following resolution relating to the Pre-Zoning Translation Table:
WHEREAS, on December 3rd of 2015 the City Council adopted the Fresno Municipal Code
Chapter 15: Citywide Development Code (Development Code); and
WHEREAS, adoption of the Development Code included the repeal of Section 12-201 of the
Fresno Municipal Code which designated zoning districts throughout the City; and
WHEREAS, adoption of the Development Code also resulted in the creation of new base and
overlay zoning districts intended to replace the previous zoning districts; and
WHEREAS, certain parcels within the Sphere of Influence retain the pre-zoning designations for
districts that were identified in repealed Section 12-201; and
WHEREAS, the new base and overlay zoning districts in the Development Code correspond to
certain zoning districts identified in repealed Section 12-201 of the Fresno Municipal Code; and
WHEREAS, it is in the best interest of the City of Fresno to allow for continued development
prior to any future action to rezone parcels to incorporate the new base and overlay zoning
districts; and
WHEREAS, formal adoption of the Pre-Zoning Designation Translation Table will allow for a
streamlined and orderly transition to use of the new Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. Parcels annexed into the City of Fresno which retain the pre-zoning designations that
were identified in repealed Section 12-201 will be subject to the applicable standards that
correspond to that parcel’s existing zoning designation, as identified on the Pre-Zoning
Designation Translation Table.
2. The Pre-Zoning Designation Translation Table will remain in effect until parcels are
rezoned to apply the new base and overlay zoning districts as identified in the
Development Code.
3. If a parcel is individually rezoned to a new base or overlay zoning district as identified in
the Development Code, the Pre-Zoning Designation Translation Table will no longer apply
to that parcel.
Planning Commission Resolution No. 13528
Pre-Zoning Designation Translation Table Resolution
April 4, 2018
Page 2
BE IT FURTHER RESOLVED that the Fresno City Planning Commission finds that the approval
of the Pre-Zoning Designation Translation Table is in the best interest of the City of Fresno and
is consistent with the adopted Fresno General Plan, and the findings required pursuant to
Sections 66410 and 65863 et.seq of the Government Code.
BE IT FURTHER RESOLVED that the Fresno City Planning Commission hereby recommends
that the City Council approve The Pre-Zoning Designation Translation Table as described in
Exhibit A.
///
AE-20 Exclusive Twenty Acre Agricultural District B Buffer
AE-5 Exclusive Five Acre Agricultural District RE Residential Estate
R-A Single Family Residential-Agricultural RS-1 Residential Single Family, Extremely Low Density
R-1-E Single Family Residential Estate RS-1 Residential Single Family, Extremely Low Density
R-1-EH Single Family Residential Estate (Horses)RS-1
EQ
Residential Single Family, Extremely Low Density
and
Equine Overlay
R-1-A Single Family Residential RS-2 Residential Single Family, Very Low Density
R-1-AH Single Family Residential (Horses)RS-2
EQ
Residential Single Family, Extremely Low Density
and
Equine Overlay
R-1-B Single Family Residential RS-3 Residential Single Family, Low Density
R-1-C Single Family Residential RS-3 Residential Single Family, Low Density
R-1 Single Family Residential RS-4 Residential Single Family, Medium Low Density
R-2-A Low Density Multiple Family Residential– One Story RM-1 Residential Multi-Family, Medium High Density
R-2 Low Density Multiple Family Residential District RM-2 Residential Multi-Family, Urban Neighborhood
R-3 Medium Density Multiple Family Residential RM-2 Residential Multi-Family, Urban Neighborhood
R-4 High Density Multiple Family Residential RM-3 Residential Multi-Family, High Density
MH Mobile Home Single Family Residential RM-MH Mobile Home Park
T-P Trailer Park Residential RM-MH Mobile Home Park
CL Limited Neighborhood Shopping Center CC Commercial - Community
C-1 Neighborhood Shopping Center CC Commercial - Community
C-2 Community Shopping Center CC Commercial - Community
C-3 Regional Shopping Center CR Commercial - Regional
C-4 Central Trading RMX Regional Mixed Use
C-5 General Commercial CMS Commercial - Main Street
C-6 Heavy Commercial CG Commercial - General
CR Commercial Recreation CRC Commercial - Recreation
R-P Residential and Professional Office District O Office
RP-L Residential and Professional Limited Office District O Office
CC Civic Center District RMX Regional Mixed Use
C-P Administrative and Professional Office District O Office
C-M Commercial and Light Manufacturing District IL Light Industrial
S-L Storage/Limited, Mini Storage Facility District O Office
M-1-P Industrial Park Manufacturing District IL Light Industrial
M-1 Light Manufacturing District IL Light Industrial
M-2 General Industrial District IH Heavy Industrial
M-3 Heavy Industrial District IH Heavy Industrial
O Open Conservation District OS Open Space
P Off-Street Parking District PI Public and Institutional
ANX Annexed Rural Residential Transitional Overlay District ANX Annexed Rural Residential Transitional Overlay District
BA Boulevard Area Overlay District None
BP Bluff Preservation Overlay District BP Bluff Preservation Overlay District
CCO Civic Center Area Modifying Overlay District None
EA Expressway Area Overlay District EA Expressway Area Overlay District
R-M Residential Modifying Overlay District RM Residential Modifying Overlay District
Exhibit A - Pre-Zoning Designation Translation Table
Pre-Zoning Designation Applicable Development Standards
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0560 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Presentation of the SPCA Pet of the Month
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Staff Report
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www.fresno.gov
File #:ID18-0382 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation honoring Deli Delicious.
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0455 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
May 10, 2018
SUBJECT
ASE Blue Seal of Excellence Recognition, Fleet Management
The ASE Blue Seal of Excellence Recognition is the industry standard for recognizing trained and
certified technicians. Technicians can obtain multiple levels up to double master certification. The
accredited program is for Light and Heavy Equipment certification. The technicians are tested by the
National Institute for Automotive Service Excellence (NIASE). Fleet Management has received this
recognition consecutively for over 11 years.
Attachment:
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0492 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “The Betts Company Day”.
Celebrating 150 years in business this May. Betts Company is located in Southeast Fresno and is the
oldest family business in the Central San Joaquin Valley (as reported in The Business Journal's 2017
Book of Lists.
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Staff Report
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www.fresno.gov
File #:ID18-0496 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Elder Abuse Services, Inc.”
(EASI)is a non-profit,social services agency serving the Central California region.They are
dedicated to providing emergency shelter,victim advocacy and coordinated case management
services to victims of severe elder abuse in the Fresno/Madera region.
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City of Fresno
Staff Report
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www.fresno.gov
File #:ID18-0524 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Grizzly Fest 2018 Day”
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Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0525 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Water Conservation Month”
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File #:ID18-0564 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Municipal Clerks Week”
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CITY OF FRESNO
Office of The Mayor & The Fresno City Council
WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local
Government exists throughout the world; and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, The Office of the Municipal Clerk provides the professional link between the
citizens, the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, The Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
the Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of their state, provincial, county and international
professional organizations; and
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the
Municipal Clerk.
NOW, THEREFORE BE IT RESOLVED, that we, Mayor Lee Brand and the Fresno City
Council, do hereby recognize the week of May 6 through May 12, 2018, as:
“MUNICIPAL CLERKS WEEK”
in the City of Fresno and further extend appreciation to our Municipal Clerk, Yvonne Spence
and all of the City Clerk staff for the vital services they perform and their exemplary
dedication to the communities they represent.
IN WITNESS WHEREOF, we have hereunto set our hands and affixed the Seal of The City
of Fresno, California, this 10th day of May, 2018.
________________________________________ ___________________________________________
LEE BRAND, Honorable Mayor ESMERALDA SORIA, Council President
________________________________________ ___________________________________________
STEVE BRANDAU, Council Vice President OLIVER BAINES, III Councilmember District 3
________________________________________ ___________________________________________
PAUL CAPRIOGLIO, Councilmember District 4 LUIS CHAVEZ, Councilmember District 5
_______________________________________ ___________________________________________
GARRY BREDEFELD, Councilmember District 6 CLINTON OLIVIER, Councilmember District 7
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0573 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
“Proclamation by District 4”
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File #:ID18-0576 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Ron Scott” Day
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File #:ID18-0588 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Teen Pregnancy Prevention Month”
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Staff Report
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www.fresno.gov
File #:18-0025 Agenda Date:5/10/2018 Agenda #:
MINUTES FOR APPROVAL
Approval of minutes from April 19, 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
9:00 AM Council ChambersThursday, April 19, 2018
Regular Meeting
The City Council met in regular session in the Council Chamber, City Hall on the date
and time written above.
9:15 A.M. ROLL CALL
Councilmember Brandau was absent during roll call and joined the meeting
at 10:23A.M.
President Esmeralda Z. Soria
Vice President Steve Brandau
Councilmember Oliver L. Baines III
Councilmember Paul Caprioglio
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Present:6 -
Councilmember Clinton OlivierAbsent:1 -
Invocation by Pastor Karen Stoffers Pugh of the Wesley United Methodist Church
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda: File ID
18-0513 Presentation of Certificates to the Fresno Youth Commissioners
was continued to May 10, 2018 and File ID 18-0423 (10:15A.M.) Hearing to
Consider of Plan Amendment Application No. A-18-003, Rezone Application
City of Fresno ***Subject to Mayoral Veto Page 1
April 19, 2018City Council Meeting Minutes - Draft
No. R-18-004, Development Code Text Amendment Application No.
TA-18-002 and related Environmental Finding filed by the Development and
Resource Management Department Director pertaining to 419.18 acres
within the City of Fresno-the following sites were withdrawn from
consideration: 3, 4, 11, 18, 20, 25, 27 and 28 and items 2(b) and 3(b) will be
considered separately.
CEREMONIAL PRESENTATIONS
ID18-0506 Presentation of the Spring 2018 Employee of the Quarter
Certificates ( Light reception immediately following - 2nd floor
foyer )
Sponsors:City Clerk's Office
PRESENTED
City Council recessed from 9:51A.M. to 10:15A.M.
Council Vice President Brandau joined the meeting at 10:23A.M.
ID18-0433 Proclamation of Paul McLain-Lugowski Day
Sponsors:City Councilmember Chavez
PRESENTED
1. CONSENT CALENDAR
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, the Below CONSENT CALENDER items were
approved. The motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
1-A ID18-0436 Actions pertaining to the Supplemental Law Enforcement
Services Account (SLESA) grant
1.***RESOLUTION - 63rd amendment to the Annual
Appropriation Resolution No. 2017-165 appropriating $200,000
of SLESA grant carryover to continue supporting front line law
enforcement operations during this fiscal year (Requires 5
affirmative votes) (Subject to Mayor’s veto).
City of Fresno ***Subject to Mayoral Veto Page 2
April 19, 2018City Council Meeting Minutes - Draft
Sponsors:Police Department
RESOLUTION 2018-82 ADOPTED
1-B ID18-0468 Actions pertaining to Resolution of Intention No. 1123-D to
vacate a public utility easement on the northwest corner of East
Church Avenue and South Chestnut Avenue. (Council District 5)
1.Adopt a finding of Categorical Exemption per staff
determination, pursuant to Section 15301 of the California
Environmental Quality Act (CEQA) Guidelines, Environmental
Assessment No. EA-17-039.
2.Adopt Resolution of Intention No. 1123-D to vacate a public
utility easement on the northwest corner of East Church Avenue
and South Chestnut Avenue.
Sponsors:Public Works Department
1-C ID18-0480 Reject all proposals for installation of a Computerized
Maintenance Management System Upgrade for the City of
Fresno’s, Department of Public Utilities, Water Distribution and
Sewer Collection Divisions and Public Works Department, Street
and Landscape Maintenance Divisions (Bid File 3513) (All
Districts)
Sponsors:Department of Public Utilities
1-D ID18-0487 Approve an Airline Operating Agreement with Frontier Airlines,
Inc. for new passenger airline service at Fresno Yosemite
International Airport (Council District 4)
Sponsors:Airports Department
1-E ID18-0482 Approve a Lease between the City of Fresno and Golden Skies,
LLC., dba Fresno Flyers, to operate a flight school and related
aviation operations at Fresno Chandler Executive Airport
(Council District 3)
Sponsors:Airports Department
1-F ID18-0503 Actions pertaining to appeal of building code violations:
1. ***RESOLUTION - Setting forth the procedure for a panel
appeal to hearing officer decisions for California Building Code
violations (Subject to Mayor’s veto)
City of Fresno ***Subject to Mayoral Veto Page 3
April 19, 2018City Council Meeting Minutes - Draft
2. ***RESOLUTION - 543rd amendment to the Master Fee
Schedule Resolution No. 80-420 to add a fee for a panel appeal
by three hearing officers for California Building Code violations
(Subject to Mayor’s veto)
Sponsors:City Attorney's Office
RESOLUTION 2018-83 ADOPTED
RESOLUTION 2018-84 ADOPTED
1-G ID18-0410 Approve a contract with Draeger, Inc., for the purchase of 20
Draeger UFC 9000 NFPA Thermal Imaging Cameras and
accessories
Sponsors:Fire Department
1-H ID18-0461 Approve Master Agreement for inter-agency instructional
services between Fresno City College and the City of Fresno
Fire Department for reimbursement of instructional training costs
Sponsors:Fire Department
1-I ID18-0508 ***BILL NO. B-13 - (Intro. 4/5/2018) (For adoption) - Adding
Sections 10-50503.7, 10-50605.11.1.2.1, 10-50605.1.2.2,
10-5005.1.2.2.1, 10-1605.11.5, 10-605.11.6, 10-50903.2.8,
10-50908.8, 10-50916.11.4, and amending Section 10-50605.11
of the Fresno Municipal Code relating to Fire and Life Safety
Regulations (Subject to Mayor’s veto)
Sponsors:Fire Department
ORDINANCE 2018-18 ADOPTED
1-J ID18-0509 ***BILL NO. B-14 - (Intro. 4/5/2018) (For adoption) - Amending
Subsection (g) of 10-1505, Subsection (d) of 10-1507,
Subsection 5602.8 and 5602.10 of 55602.4 of the Fresno
Municipal Code relating to Fire and Life Safety Regulations
(Subject to Mayor’s veto)
Sponsors:Fire Department
ORDINANCE 2018-19 ADOPTED.
1-K ID18-0441 ***RESOLUTION - Amending the Office of Independent Review
Policy related to attorney-client privilege and staffing. (Subject
City of Fresno ***Subject to Mayoral Veto Page 4
April 19, 2018City Council Meeting Minutes - Draft
to Mayor’s veto)
Sponsors:City Manager's Office
Upon call, the following member of the public addressed Council: Stuart
Chandler spoke regarding his opposition and does not support the item as
presented.
Councilmember Bredefeld asked City Attorney Sloan to respond to Mr.
Chandler's concerns. City Attorney Sloan stated that the Office of
Independent Review has several functions, one is to respond to complaints
and the other is to help Fresno Police Department improve policy and
suggested that Mr. Chandler to sit in on some of the meetings.
RESOLUTION 2018-85 ADOPTED
1-L ID18-0502 ***RESOLUTION - Revising the Public Records Act policy to
provide certain documents over the counter (Subject to Mayor’s
veto)
Sponsors:City Clerk's Office
RESOLUTION 2018-86 ADOPTED
1-M ID18-0516 Approve the appointments of Terra Brusseau to the Fresno
Housing Authority and Dave Brenner to the Tower District
Design Review Committee
Sponsors:Mayor's Office
The above item was pulled from Consent Calendar by Council President
Soria and moved to Contested Consent for further discussion.
COUNCILMEMBER REPORTS AND COMMENTS
Councilmember Caprioglio spoke regarding Tuesday, April 10, 2018 was
the grand opening for the Fresno Grizzly's Baseball team where they
honored Jose Ramirez and invited everyone to the April 28, 2018 Grizzly
game for the "Welcome Home Vietnam Veterans Day". Councilmember
Caprioglio stated Wednesday, April 11, 2018 he welcomed the veteran’s
home on the 15th honor flight coming out of Fresno and thanked the Airport
team for their hard work and support. Councilmember Caprioglio also stated
last Sunday, April 15, 2018 was the quarterly neighborhood picnic at Sierra
City of Fresno ***Subject to Mayoral Veto Page 5
April 19, 2018City Council Meeting Minutes - Draft
Madre and mentioned there will be the annual free health and dental fair,
Sunday April 29, 2018 from 9:00A.M. to 4:00P.M. at Manchester Mall.
Councilmember Caprioglio thanked Public Works Director Mozier and his
street team, Police Officer Kim and the Fresno State Police Department for
making El Dorado a clean area.
Council Vice President Brandau stated he will be making the trip next week
to Washington DC for the one voice trip to discuss the Veterans Boulevard
and requested the meeting be adjourned in memory of First Lady Barbara
Bush.
APPROVE MINUTES
18-0024 Approval of minutes from April 5, 2018.
Sponsors:City Clerk's Office
On motion of Councilmember Caprioglio, seconded by
Councilmember Chavez, that the above MINUTES be approved. The
motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:10 A.M.
ID18-0408 WORKSHOP - Citizens’ Public Safety Advisory Board 2017 4th
Quarter Report
Sponsors:Mayor's Office
The above workshop was presented by Independent Police Reviewer Gliatta
and President of Alert-O-Lite Hunsaker.
10:15 A.M.
ID18-0423 HEARING to consider of Plan Amendment Application NO.
A-18-003, Rezone Application No. R-18-004, Development Code
Text Amendment Application No. TA-18-002, and related
Environmental Finding filed by the Development and Resource
Management Department Director pertaining to
City of Fresno ***Subject to Mayoral Veto Page 6
April 19, 2018City Council Meeting Minutes - Draft
419.18 acres within the City of Fresno
1. ADOPT Environmental Assessment No.
A-18-003/R-18-004/TA-17-002, an Addendum to Final Master
Environmental Impact Report SCH No. 2012111015 (MEIR)
certified by the
Fresno City Council on December 18, 2014 for the Fresno
General Plan and Development Code, and to Program
Environmental Impact Report SCH No. 2012041009 certified by
the Fresno City Council on October 20, 2016 for the Downtown
Plans and Code pursuant to California Environmental Quality Act
Guidelines Sections 15162 and 15164.
2. RESOLUTION - Approving sites 1 through 26 in Plan
Amendment Application No. A-18-003, pertaining to 407.41acres,
to amend the Fresno General Plan (Figure LU-1: Land Use and
Circulation Map), the Bullard, Fresno High, McLane, Roosevelt,
Hoover and Downtown Neighborhoods
Community Plans, the Tower District Specific Plan, the Fresno
Chandler Executive Airport Land Use Compatibility Plan, the
Fresno-Chandler Downtown Airport Master and Environs
Specific Plan and the Fresno Yosemite Airport Land Use
Compatibility Plan; and the Farmland Preservation Program
Policy RC-9-c, as described in Exhibit A.
(a) Approve sites 1, 3 through 19, and 21 through 26.
(b) Approve site 2.
3. BILL - (For introduction and adoption) - Approving sites
1through 26 in Rezone Application No. R-18-004, pertaining to
407.41 acres, to amend the City of Fresno Zoning Map to revert
certain parcels to a zone district and planned land use equivalent
to that existing under the prior General Plan in a
manner consistent with General Plan policy and without
significant environmental impacts, as described in Exhibit A.
(a) Approve sites 1, 3 through 19, and 21 through 26.
(b)Approve site 2.
4. BILL - (For introduction) - Approving Text Amendment
Application No. TA-18-002 for minor changes to the
Development Code in order to improve functionality, clarity,
internal consistency, and consistency with State law. Proposed
amendments affect the following standards and/or procedures
City of Fresno ***Subject to Mayoral Veto Page 7
April 19, 2018City Council Meeting Minutes - Draft
legal non-conforming; legal non-conforming site features; parks;
driveway paving; mixed use permitted uses; massage
establishments; downtown ground floor retail; bluff setback;
live/work; setbacks from landscape easements; signs; corner
commercial; drive throughs; tiny homes; Council District Project
Review Committees; Airport Land Use Commission review of text
amendments; development agreements; accessory living
quarters; substance abuse treatment clinic, among others. The
affected sections are Table 15-107-B, Section 15-311-A,
15-404-F-2, 15-405-E-1, 15-405-E-2, Table 15-902, Section
15-904-A-8, Table 15-1002, 15-1102, 15-1202, Section
15-1304-B, 15-1404-A,
Figure 15-1501-C, Table 15-1502, Section 15-1603-A,
15-1603-D-1, 15-1603-E, 15-1609-B-1-b, 15-2002-B, 15-2020-F,
15-2412-E, 15-2413-D, 15-2610-D, 15-2610-E-7, 15-2610-G6,
15-2612-A, 15-2722-F-1, 15-2728-B-1, 15-2754-E-2-c,
15-4906-D-1, 15-4906-J, 15-5207, 15-5808, 15-6003, 15-6005,
15-6702, 15-6703, and 15-6704 as described in Exhibit B.
Sponsors:Development and Resource Management Department
The above hearing was called to order at 10:55A.M.
The above item was introduced to Council by Assistant Director Zack,
DARM Department.
Assistant Director Zack announced the following changes to the item: Sites
3, 4, 11, 18, 20, 25, 27 and 28 have been removed from consideration and
will be brought back at a later date and items 2(b) and 3(b) will be
considered separately.
Council President Soria asked staff why the sites were withdrawn and asked
if the property owners were notified in a timely manner. Council President
Soria asked staff to do further outreach and addressed her concerns about
noticing and the transparency of the notices.
Council President Soria stated she will be recusing herself from items 2(b)
and 3(b).
City of Fresno ***Subject to Mayoral Veto Page 8
April 19, 2018City Council Meeting Minutes - Draft
Councilmember Baines motioned to approve staff recommendations with
the above mentioned amendments minus items 2(b) and 3(b).
Councilmember Chavez seconded the motion. The motion PASSED 6-0 with
Councilmember Olivier absent.
Councilmember Baines motioned to approved items 2(b) and 3(b) as
presented. Councilmember Chavez seconded the motion. The motion
PASSED 5-0 with Council President Soria recused and Councilmember
Olivier absent.
RESOLUTION 2018-87
BILL B-18 AND ORDINANCE 2018-20
BILL B-19 INTRODUCED AND LAID OVER
On motion of Councilmember Baines III, seconded by Councilmember
Chavez, that the above Action Item be adopted. The motion carried by
the following vote:
Aye:Brandau, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Olivier1 -
Recused:Soria1 -
10:00 A.M.#1
ID18-0471 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. 86 (Final Tract Map No.
6177) (northwest corner of North Polk and West Olive Avenues,
adjacent to Final Tract Map No. 6139) (Council District 3)
1.***RESOLUTION - to Annex Territory to Community Facilities
District No. 11 and Authorizing the Levy of a Special Tax for
Annexation No. 86 (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 2017-2018 and Future Tax Years
Within and Relating to Community Facilities District No. 11,
Annexation No. 86 (Subject to Mayor’s Veto)
City of Fresno ***Subject to Mayoral Veto Page 9
April 19, 2018City Council Meeting Minutes - Draft
Sponsors:Public Works Department
The above hearing was called to order at 11:20A.M.
The above item was introduced to Council by Assistant Director Benelli,
Public Works Department.
Upon call, there was no public comment.
RESOLUTION 2018-88 ADOPTED
RESOLUTION 2018-89 ADOPTED
RESOLUTION 2018-90 ADOPTED
BILL B-20 AND ORDINANCE 2018-21 ADOPTED
On motion of Councilmember Baines III, seconded by President Soria,
that the above Action Item be adopted. The motion carried by the
following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
10:00 A.M.#2
ID18-0470 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. 25 (Assessor’s Parcel
Number 578-010-11) (southwest corner of East Copper and
North Chestnut Avenues) (Council District 6)
1.***RESOLUTION - Annexing Territory to Community Facilities
District No. 9 and Authorizing the Levy of a Special Tax (Subject
to Mayor’s Veto)
2.***RESOLUTION - Calling Special Mailed-Ballot Election
(Subject to Mayor’s Veto)
3.***RESOLUTION - Declaring Election Results (Subject to
Mayor’s Veto)
4.***BILL - (For introduction and adoption) - Levying a Special
Tax for the Property Tax Year 2017-2018 and Future Tax Years
Within and Relating to Community Facilities District No. 9,
Annexation No. 25 (Subject to Mayor’s Veto)
Sponsors:Public Works Department
City of Fresno ***Subject to Mayoral Veto Page 10
April 19, 2018City Council Meeting Minutes - Draft
The above hearing was called to order at 11:22A.M.
The above item was introduced to Council by Assistant Director Benelli,
Public Works Department.
Upon call, there was no public comment.
RESOLUTION 2018-91 ADOPTED
RESOLUTION 2018-92 ADOPTED
RESOLUTION 2018-93 ADOPTED
BILL B-21 AND ORDINANCE 2018-22 ADOPTED
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Action Item be adopted. The
motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
10:00 A.M.#3
ID18-0486 HEARING regarding the authorization of Non-Exclusive
Franchise Tow Agreements with 29 local tow operators.
1. ***Authorize the Chief of Police to execute three-year
Non-Exclusive Franchise Tow Agreements with 29 local tow
operators. (Subject to Mayor’s veto)
2.***BILL NO. B-17- (Intro. 4/5/18) (For adoption) - Amendment
to Article 17, Chapter 9, Section 9 1707 of the Fresno Municipal
Code to change the minimum number of tow operators
authorized to tow and store vehicles impounded by the Fresno
Police Department from 30 to 20. (Subject to Mayor’s veto)
Sponsors:Police Department
The above hearing was called to order at 11:23A.M.
The above item was introduced to Council by Deputy Police Chief Hall,
Fresno Police Department.
Upon call, there was no public comment.
City of Fresno ***Subject to Mayoral Veto Page 11
April 19, 2018City Council Meeting Minutes - Draft
ORDINANCE 2018-23 ADOPTED
On motion of President Soria, seconded by Councilmember Chavez,
that the above Discussion Item be adopted. The motion carried by the
following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
3. GENERAL ADMINISTRATION
Council Vice President Brandau left the meeting at 11:25A.M.
3-A ID18-0462 Actions pertaining to the Gate 6/8 Remodel and Passenger
Boarding Bridge project at Fresno Yosemite International Airport
(Bid File 3590) (Council District 4)
1.Adopt a finding of Categorical Exemption pursuant to Section
15301(c)/Class 1 (Existing Facilities) of the California
Environmental Quality Act Guidelines
2.Award a construction contract to DIVCON, Inc., of Clovis,
California, in the amount of $1,944,000
Sponsors:Airports Department
The above item was introduced to Council by Director Meikle, Airports
Department.
Upon call, there was no public comment.
APPROVED
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, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Brandau and Olivier2 -
3-B ID18-0475 Approve the Second Amendment to the Agreement between the
City of Fresno and Amadeus Airport IT Americas, Inc., to provide
Maintenance and Technical Support for shared use facilities and
resource management software at Fresno Yosemite International
Airport in the amount of $2,684,050
City of Fresno ***Subject to Mayoral Veto Page 12
April 19, 2018City Council Meeting Minutes - Draft
Sponsors:Airports Department
The above item was introduced to Council by Director Meikle, Airports
Department.
Upon call, there was no public comment.
APPROVED
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, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Brandau and Olivier2 -
3-C ID18-0477 Approve a three-year Enterprise Agreement with SoftwareOne to
provide Microsoft licensing for the City in the amount of
$2,353,223.81 in accordance with purchasing procedures from
cooperative purchase agreements as set forth in Administrative
Order 3-1.
Sponsors:Information Services Department
The above item was introduced to Council by Director Horn, Information
Services Department.
Upon call, there was no public comment.
APPROVED
On motion of Councilmember Chavez, seconded by Councilmember
Baines III, that the above Action Item be approved. The motion carried
by the following vote:
Aye:Soria, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Brandau and Olivier2 -
3-D ID18-0478 Approve a professional consultant services agreement in the
amount of $1,007,990.24 with Stantec Architecture, Inc., a North
Carolina based corporation, for design and engineering services
to implement the Department of Transportation/Fresno Area
City of Fresno ***Subject to Mayoral Veto Page 13
April 19, 2018City Council Meeting Minutes - Draft
Express Facility Master Plan improvements
Sponsors:Department of Transportation
The above item was introduced to Council by Director Schaad,
Transportation Department.
Upon call, there was no public comment.
Councilmember Bredefeld asked staff how long will the project take to be
completed and asked staff to talk about the construction portion.
APPROVED
On motion of Councilmember Chavez, seconded by President Soria,
that the above Action Item be approved. The motion carried by the
following vote:
Aye:Soria, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Brandau and Olivier2 -
3-E ID18-0479 Action related to Supplemental Reimbursements for the Urban
Growth Management (UGM) and Development Impact Fee
Programs:
1. ***RESOLUTION - 59th Amendment to the Annual
Appropriation Resolution No. 2017-165 to appropriate $944,000
for Supplemental Refunds and Reimbursements to approved
Developers in the Urban Growth Management (UGM) and
Development Impact Fee Programs (Requires 5 affirmative
votes) (Subject to Mayor’s veto)
Sponsors:Public Works Department
The above item was introduced to Council by Director Mozier, Public Works
Department.
Upon call, there was no public comment.
RESOLUTION 2018-94 ADOPTED.
On motion of Councilmember Baines III, seconded by Councilmember
Chavez, that the above Action Item be adopted. The motion carried by
City of Fresno ***Subject to Mayoral Veto Page 14
April 19, 2018City Council Meeting Minutes - Draft
the following vote:
Aye:Soria, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Brandau and Olivier2 -
4. CITY COUNCIL
4-A ID18-0501 ***RESOLUTION - Instituting a pilot program to incentivize job
creation along the Ventura/Kings Canyon corridor east of First
Street.
Sponsors:City Councilmember Chavez and Mayor's Office
The above item was introduced to Council by Councilmember Chavez.
Upon call, the following member of the public addressed Council: Nathan
Alonzo.
Councilmember Bredefeld asked if this pilot program was for start up
businesses.
Council President Soria thanked Councilmember Chavez for bringing the
item forward and asked if the next area to focus on would be Blackstone and
Palm.
City Manager Quan-Schecter stated they would like to have about 18
months to test out the pilot program before expanding.
Councilmember Baines stated he is looking forward to expanding in
different areas in the future and to focus on smaller businesses.
Councilmember Caprioglio supported the item and mentioned he would like
to expand the program to the Shaw area.
RESOLUTION 2018-95 ADOPTED
On motion of Councilmember Chavez, seconded by Councilmember
Caprioglio, that the above Resolution be adopted. The motion carried
by the following vote:
Aye:Soria, Baines III, Caprioglio, Chavez and Bredefeld5 -
City of Fresno ***Subject to Mayoral Veto Page 15
April 19, 2018City Council Meeting Minutes - Draft
Absent:Brandau and Olivier2 -
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Upon call, the following members of the public addressed Council: Petros
Demoz spoke regarding the flag raising on May 4, 2018 and Carmen
Navarro spoke regarding the November 9, 2017 vote on the Senior Center
and requested Council budget for more money for the Senior Center for
Fiscal Year 18-19.
City Council recessed for lunch at 11:51A.M. and returned from lunch at 1:40P.M.
Council Vice President Brandau returned to the meeting at 1:40P.M.
1:30 P.M.
ID18-0474 Proclamation of “Angela Moreno Day”
Sponsors:City Councilmember Chavez
PRESENTED
ID18-0493 Proclamation of “Peace Officers Memorial Day“
Sponsors:City Councilmember Bredefeld and Council President Soria
PRESENTED
ID18-0476 Proclamation of “Earth Day 2018”
Sponsors:City Councilmember Olivier and Council President Soria
PRESENTED
ID18-0512 Proclamation of “Underage Drinking Prevention and Friday Night
Live Month”
Sponsors:Council President Soria
PRESENTED
ID18-0504 Proclamation of “The Collegian Day”
Sponsors:City Councilmember Caprioglio
City of Fresno ***Subject to Mayoral Veto Page 16
April 19, 2018City Council Meeting Minutes - Draft
PRESENTED
ID18-0505 Proclamation of “Welcome Home Vietnam Veterans Day”
Sponsors:City Councilmember Caprioglio
PRESENTED
ID18-0495 Recognition of Randall Morrison as the ASCE 2018 Outstanding
Civil Engineer in Public Practice
Sponsors:City Manager's Office and Public Works Department
PRESENTED
ID18-0513 Presentation of Certificates to the Fresno Youth Commissioner
Sponsors:Council President Soria
ITEM REMOVED FROM AGENDA AND CONTINUED TO MAY 10, 2018
CONTESTED CONSENT CALENDAR
1-M ID18-0516 Approve the appointments of Terra Brusseau to the Fresno
Housing Authority and Dave Brenner to the Tower District
Design Review Committee
Sponsors:Mayor's Office
Council President Soria spoke about her concerns regarding Virna Santos
and not being reappointed to the Fresno Housing Authority and stated she
will not be supporting the new appointment.
Council Vice President Brandau asked staff how long did Ms. Santos serve
on the Fresno Housing Authority. The response was 2 years.
Councilmember Chavez asked staff if there were other boards or
commissions that Ms. Santos can be on.
Council President Soria abstained from voting on the new appointment for
the Fresno Housing Authority, but gave a yes vote for the Dave Brenner
appointment.
APPROVED.
City of Fresno ***Subject to Mayoral Veto Page 17
April 19, 2018City Council Meeting Minutes - Draft
On motion of Vice President Brandau, seconded by Councilmember
Caprioglio, that the above Appointment be approved. The motion
carried by the following vote:
Aye:Brandau, Baines III, Caprioglio, Chavez and Bredefeld5 -
Absent:Olivier1 -
Abstain:Soria1 -
2:00 P.M.
ID18-0489 Actions pertaining to Mobile Vendor Permits
1.BILL - (for Introduction) - Amending Article 11 of Chapter 9 of
The Fresno Municipal Code, Relating to Mobile Vendors
2.***RESOLUTION - 542nd amendment to Master Fee
Schedule Resolution No. 80-420 to delete the Merchandise
Peddler Cash Bond Fee (Subject to Mayor’s veto)
Sponsors:Mayor's Office, City Councilmember Chavez and Council
President Soria
The above item was called to order at 2:30P.M.
The above item was introduced to Council by Assistant Director Zack,
DARM Department.
Upon call, the following members of the public addressed Council: Lisa
Keyrose and Nathan Alonzo.
Council President Soria and Councilmember Chavez thanked staff for
working quickly on the item and fixing the issues with fingerprinting.
Councilmember Baines asked staff why ice cream trucks were the only ones
being fingerprinted.
BILL B-22 INTRODUCED AND LAID OVER
RESOLUTION 2018-96 ADOPTED
On motion of President Soria, seconded by Councilmember Chavez,
that the above Action Item be adopted. The motion carried by the
following vote:
City of Fresno ***Subject to Mayoral Veto Page 18
April 19, 2018City Council Meeting Minutes - Draft
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez and Bredefeld6 -
Absent:Olivier1 -
5. CLOSED SESSION
There was no announcements after Closed Session.
5-A ID18-0400 CONFERENCE WITH LEGAL COUNSEL - DECIDING
WHETHER TO INITIATE LITIGATION
Government Code Section 54956.9, subdivision (d)(4)
1. City of Fresno, psi, administered by Risico Claims
Management (formerly American All-Risk Loss Administrators)
vs. County of Fresno.
Sponsors:City Attorney's Office
DISCUSSED
5-B ID18-0514 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9, subdivision
(d)(1)
1.Building Industry Association v. City of Fresno; Fresno
Superior Court No. 17CECG01669
Sponsors:City Attorney's Office
DISCUSSED
5-C ID18-0517 CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - Government Code Section 54956.9, subdivision
(d)(1)
1.Quist Dairy, et al. v. City of Fresno, et al.; Fresno Superior
Court Case No.: 17CECG04096
Sponsors:City Attorney's Office
DISCUSSED
5-D ID18-0443 PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Government Code Section 54957
Title: City Attorney
Sponsor: Council President Esmeralda Z. Soria
CONFERENCE WITH LABOR NEGOTIATORS - Government
City of Fresno ***Subject to Mayoral Veto Page 19
April 19, 2018City Council Meeting Minutes - Draft
Code Section 54957.6
City Negotiator(s): Council President Esmeralda Z. Soria
Unrepresented Employee: City Attorney
Sponsors:Council President Soria
THE ABOVE ITEM WAS REMOVED AND CONTINUED TO MAY 10, 2018
5-E ID18-0444 PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Government Code Section 54957
Title: City Clerk
Sponsor: Council President Esmeralda Z. Soria
CONFERENCE WITH LABOR NEGOTIATORS - Government
Code Section 54957.6
City Negotiator(s): Council President Esmeralda Z. Soria
Unrepresented Employee: City Clerk
Sponsors:Council President Soria
THE ABOVE ITEM WAS REMOVED AND CONTINUED TO MAY 10, 2018
ADJOURNMENT
City Council adjourned at 3:32P.M. in memory of the First Lady Barbara
Bush.
City of Fresno ***Subject to Mayoral Veto Page 20
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0554 Agenda Date:5/10/2018 Agenda #:
REPORT TO THE CITY COUNCIL
May 10, 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
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.87 (Final
Tract Map No.6158)(northeast of the intersection of East Kings Canyon Road and North
Fowler Avenue) (Council District 5)
1.***RESOLUTION -to Annex Territory to Community Facilities District No.11 and
Authorizing the Levy of a Special Tax for Annexation No.87 (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 2017-2018 and Future Tax Years Within and Relating to
Community Facilities District No. 11, Annexation No. 87 (Subject to Mayor’s Veto)
RECOMMENDATIONS
1.Adopt Resolution Annexing Territory to Community Facilities District No.11 and
Authorizing the Levy of a Special Tax
2.Adopt Resolution Calling Special Mailed-Ballot Election
3.Adopt Resolution Declaring Election Results
4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2017-2018 and Future
Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 87
City of Fresno Printed on 3/14/2023Page 1 of 3
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File #:ID18-0554 Agenda Date:5/10/2018 Agenda #:
EXECUTIVE SUMMARY
On March 22,2018,the Council of the City of Fresno (“Council”)adopted Council Resolution No.
2018-62 with the intent to annex territory to Community Facilities District No.11 (“CFD No.11”)at
the request of the landowner of Final Tract Map No.6158.This is the noticed public hearing to
consider annexing Final Tract Map No.6158 as Annexation No.87 to CFD No.11 to provide
funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping,
trees and irrigation systems within the street rights-of-way,landscape easements and Outlots;the
concrete curbs and gutters,valley gutters,median curbs and hardscaping,traffic calming curbs
and hardscaping,sidewalks and curb ramps,Outlot amenities,hardscaping and walkways,street
name signage,street lighting,and local street paving associated with this subdivision.The cost for
Services is $864.88 per lot annually.If approved,the recommended resolutions and ordinance will
levy a Special Tax on the properties in Final Tract Map No.6158 for identified Services.(See
attached location and features map.
BACKGROUND
On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.
11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street
furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined
by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno
Municipal Code.
The landowner of Final Tract Map No.6258 has petitioned the City of Fresno to be annexed into
CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)
pertaining to the landscaping,trees and irrigation systems within the street rights-of-way,
landscape easements and Outlots;the concrete curbs and gutters,valley gutters,median curbs
and hardscaping,traffic calming curbs and hardscaping,sidewalks and curb ramps,Outlot
amenities,hardscaping and walkways,street name signage,street lighting,and local street paving
associated with this subdivision.Pursuant to this petition,the Council adopted Council Resolution
No.2018-62,declared its intention to annex the Final Tract Map No.6158 to CFD No.11,and set
the public hearing for formal consideration. (See attached location and features map.)
Resolution No.2018-62 also directed the preparation of an Engineer’s Report describing the
Services and the costs of those services and this report is on file with the City Clerk.
If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax
of $864.88 per residential lot to provide Services for FY17-18.The Maximum Special Tax will be
adjusted upward annually by 3%plus the rise,if any,in the Construction Cost Index for the San
Francisco Region.
The levy of the special tax is subject to approval by the qualified electors through a special
election.Two additional resolutions are attached for Council consideration pertaining to this
special election.
Today’s public hearing has been duly noticed and the attached ordinance and resolutions have
been approved as to form by the City Attorney’s Office.
City of Fresno Printed on 3/14/2023Page 2 of 3
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File #:ID18-0554 Agenda Date:5/10/2018 Agenda #:
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 because this hearing does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within
the subject tract.
Attachments:Location Map
Feature Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance
City of Fresno Printed on 3/14/2023Page 3 of 3
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0552 Agenda Date:5/10/2018 Agenda #:
REPORT TO THE CITY COUNCIL
May 10, 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
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.88 (west
side of North Armstrong Avenue between East Shields and Clinton Avenues)(Council
District 4)
1.***RESOLUTION -to Annex Territory to Community Facilities District No.11 and
Authorizing the Levy of a Special Tax for Annexation No.88 (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 2017-2018 and Future Tax Years Within and Relating to
Community Facilities District No. 11, Annexation No. 88 (Subject to Mayor’s Veto)
RECOMMENDATIONS
1.Adopt Resolution Annexing Territory to Community Facilities District No.11 and
Authorizing the Levy of a Special Tax
2.Adopt Resolution Calling Special Mailed-Ballot Election
3.Adopt Resolution Declaring Election Results
4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2017-2018 and Future
Tax Years Within and Relating to Community Facilities District No. 11, Annexation No. 88
City of Fresno Printed on 3/14/2023Page 1 of 3
powered by Legistar™
File #:ID18-0552 Agenda Date:5/10/2018 Agenda #:
EXECUTIVE SUMMARY
On April 5,2018,the Council of the City of Fresno (“Council”)adopted Council Resolution No.
2018-74 with the intent to annex territory to Community Facilities District No.11 (“CFD No.11”)at
the request of the landowner of Final Tract Map No.6030.This is the noticed public hearing to
consider annexing Final Tract Map No.6030 as Annexation No.88 to CFD No.11 to provide
funding for the operation and reserves for maintenance (“Services”)pertaining to the landscaping,
trees and irrigation systems within the public easements and Outlots A;B and C,including the
concrete curbs and gutters,valley gutters,curb ramps,sidewalks,and Outlot B walkway,Outlot C
block wall,Outlot A hardscaping and park amenities,street name signage,street lighting,and local
street paving associated with this subdivision.The cost for Services is $947.05 per lot annually.If
approved,the recommended resolutions and ordinance will levy a Special Tax on the properties in
Final Tract Map No. 6030 for identified Services. (See attached location and features map.)
BACKGROUND
On November 15,2005,the Council adopted Council Resolution No.2005-490 forming CFD No.
11 to fund the maintenance of landscaping,open spaces,local streets,local street lights and street
furniture,curbs,gutters,sidewalks,street trees and other public facilities and services as defined
by the City of Fresno Special Tax Financing Law,Chapter 8,Division 1,Article 3 of the Fresno
Municipal Code.
The landowner of Final Tract Map No.6030 has petitioned the City of Fresno to be annexed into
CFD No.11 to provide funding for the operation and reserves for maintenance (“Services”)
pertaining to the landscaping,trees and irrigation systems within the public easements and Outlots
A;B and C,including the concrete curbs and gutters,valley gutters,curb ramps,sidewalks,and
Outlot B walkway,Outlot C block wall,Outlot A hardscaping and park amenities,street name
signage,street lighting,and local street paving associated with this subdivision.Pursuant to this
petition,the Council adopted Council Resolution No.2018-74,declared its intention to annex the
Final Tract Map No.6030 to CFD No.11,and set the public hearing for formal consideration.(See
attached location and features map.)
Resolution No.2018-74 also directed the preparation of an Engineer’s Report describing the
Services and the costs of those services and this report is on file with the City Clerk.
If adopted by the Council,the attached ordinance would levy the proposed Maximum Special Tax
of $947.05 per residential lot to provide Services for FY17-18.The Maximum Special Tax will be
adjusted upward annually by 3%plus the rise,if any,in the Construction Cost Index for the San
Francisco Region.
The levy of the special tax is subject to approval by the qualified electors through a special
election.Two additional resolutions are attached for Council consideration pertaining to this
special election.
Today’s public hearing has been duly noticed and the attached ordinance and resolutions have
been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
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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 because this hearing does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within
the subject tract.
Attachments:Location Map
Feature Map sheet 1 of 2
Feature Map sheet 2 of 2
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0553 Agenda Date:5/10/2018 Agenda #:
REPORT TO THE CITY COUNCIL
May 10, 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
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.27 (Final
Parcel Map No.2006-38)(east side of South East Avenue between East Central and
North Avenues) (Council District 3)
1.***RESOLUTION -Annexing Territory to Community Facilities District No.9 and
Authorizing the Levy of a Special Tax (Subject to Mayor’s Veto)
2.***RESOLUTION -Calling Special Mailed-Ballot Election (Subject to Mayor’s
Veto)
3.***RESOLUTION -Declaring Election Results (Subject to Mayor’s Veto)
4.***BILL -(For introduction and adoption)-Levying a Special Tax for the
Property Tax Year 2017-2018 and Future Tax Years Within and Relating to
Community Facilities District No. 9, Annexation No. 27 (Subject to Mayor’s Veto)
RECOMMENDATIONS
1.Adopt Resolution Annexing Territory to Community Facilities District No.9 and Authorizing
the Levy of a Special Tax
2.Adopt Resolution Calling Special Mailed-Ballot Election
3.Adopt Resolution Declaring Election Results
4.Adopt Ordinance Levying a Special Tax for the Property Tax Year 2017-2018 and Future
Tax Years Within and Relating to Community Facilities District No. 9, Annexation No. 27
EXECUTIVE SUMMARY
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On April 5,2018,the Council of the City of Fresno (“Council”)adopted Council Resolution No.
2018-73 with the intent to annex territory to Community Facilities District No.9 (“CFD No.9”)at the
request of the landowner of Final Parcel Map No.2006-38.This is the noticed public hearing to
consider annexing Final Parcel Map No.2006-38 as Annexation No.27 to CFD No.9 to provide
funding for the operation and reserves for maintenance (“Services”)pertaining to certain above
ground public improvements,such as the concrete curbs,gutters and sidewalks,and street lighting
fronting this development.The cost for Services totals $1,827.00 annually for Fiscal Year 2017-
2018.If approved,the recommended resolutions and ordinance will levy a Special Tax on the
properties in Final Parcel Map No. 2006-38 for identified Services. (See attached location map)
BACKGROUND
On December 16,2008,the Council adopted Council Resolution No.2008-351 forming CFD No.9 to
fund the Services for public improvements/areas that may benefit not only a particular subdivision or
a portion of,but also the City of Fresno (“City”)and the public at large,that serve a public purpose,
and that are constructed or installed on public property or dedicated rights-of-way or easements.
CFD No.9 is to provide maintenance for certain regulatory required public improvements located
within and adjacent to public streets on the perimeter of commercial,industrial and multi-family
subdivisions as described and permitted by 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).
New commercial,industrial and multi-family subdivisions and parcel maps have different needs and
standards than those of a standard single-family residential subdivision.Commercial,industrial and
multi-family subdivisions are traditionally self-maintained with different proprietary requirements for
landscaping,signage and general designs.CFD No.9 is designed to accommodate these
requirements by providing funding of services for certain required public improvements in the public
rights-of-way along the perimeters of these developments.
The landowner has petitioned the City to have Final Parcel Map No.2006-38 annexed to CFD No.9
to finance the Services pertaining to certain above ground public improvements,such as the concrete
curbs,gutters and sidewalks,and street lighting fronting this development.Pursuant to this petition,
the Council adopted Council Resolution No.2018-73,declared its intention to annex Final Parcel
Map No. 2006-38 to CFD No. 9, and set the public hearing for formal consideration.
Council Resolution No.2018-73 also directed preparation of a District Report describing the Services
and the costs of those services and this report is on file with the City Clerk of the City of Fresno.
If adopted by the Council,the attached ordinance would levy the proposed maximum special tax
totaling $1,827.00 annually for Fiscal Year 2017-2018.The Maximum Special Tax may be adjusted
upward annually at the discretion of the City with a limit of 3%plus the rise,if any,in the Construction
Cost Index for the San Francisco Region.
The levy of the special tax is subject to approval by the qualified electors through a special election.
Two additional resolutions are attached for Council consideration pertaining to this special election.
Today’s public hearing has been duly noticed and the attached resolutions and ordinance have beenCity of Fresno Printed on 3/14/2023Page 2 of 3
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File #:ID18-0553 Agenda Date:5/10/2018 Agenda #:
Today’s public hearing has been duly noticed and the attached resolutions and ordinance have 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 because this hearing does not include a bid or award of a
construction or services contract.
.
FISCAL IMPACT
No City funds will be involved.All costs for services will be borne by the property owners within
the subject territory.
Attachments:Location Map
Resolution Annex-Levy
Resolution Calling Election
Resolution Declaring Results
Ordinance
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0550 Agenda Date:5/10/2018 Agenda #:
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
BY:RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
JASON A. CAMIT, PLS, Chief Surveyor
Public Works Department, Engineering Division - Chief Surveyor Section
SUBJECT
HEARING -To vacate a public utility easement on the northwest corner of East Church Avenue and
South Chestnut Avenue. (Council District 5)
1.***RESOLUTION -Ordering the vacation of a public utility easement on the northwest corner
of East Church Avenue and South Chestnut Avenue (Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends the City Council conduct the required public hearing and at the close of the
hearing,adopt the attached resolution ordering the vacation of a public utility easement on the
northwest corner of East Church Avenue and South Chestnut Avenue as shown on Exhibit “A”of the
attached resolution.
EXECUTIVE SUMMARY
Embree Asset Group,Inc.is requesting the vacation of a public utility easement on the northwest
corner of East Church Avenue and South Chestnut Avenue.The purpose of this vacation is to satisfy
a condition of approval associated with site plan D-16-111,which is the site development plan for the
construction of a Dollar General department store.
BACKGROUND
The proposed vacation of a public utility easement as shown in Exhibit “A”of the attached Resolution
is located in Lots 24 and 24,and the south 65.00 feet of Lots 16 and 23 of Tract No.1026 -Marigold
Acres filed April 21,1948 in Volume 14 of Plat maps,at Page 8,Fresno County Records.This public
utility easement was dedicated and accepted by said Tract No.1026 to accommodate a pole line for
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File #:ID18-0550 Agenda Date:5/10/2018 Agenda #:
utility easement was dedicated and accepted by said Tract No.1026 to accommodate a pole line for
overhead utilities.The site development plan D-16-111 proposes to construct a Dollar General
department store with onsite parking.The proposed location of the structure is in conflict with this
public utility easement.The existing pole line and overhead utilities will be relocated by this project.
The public utility easement will no longer be needed once the existing utilities have been relocated
and accepted.
The Engineering Services Division,other City departments and utility agencies have reviewed the
proposed vacation and determined that the portion of public right-of-way for vacation is unnecessary
for present or prospective public utilities as shown on Exhibit “A” of the attached Resolution.
This action is being taken pursuant to the provisions of the Public Streets,Highways,and Service
Easements Vacation Law (California Streets and Highways Code Sections 8300-8363).
On April 19,2018,the Council adopted Resolution of Intention No.1123-D,setting the time and place
for the public hearing at 10:05 a.m.on May 10,2018,in the Council Chambers at Fresno City Hall.
The public hearing has been duly noticed in accordance with the Public Streets,Highways,and
Service Easements Vacation Law.
The City Attorney's Office has approved the attached resolution as to form.
The vacation,if approved by the Council at the public hearing,will become effective when the
vacating resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
This project is exempt under Sections 15301(c)/Class 1 of the California Environmental Quality Act
(CEQA)Guidelines as stated in EA-17-039,which was adopted by City of Fresno Council on April 19,
2018.
Under the Section 15301 (c)/Class 1 exemption,the minor alteration of existing public facilities,such
as streets,sidewalks,etc.,involving no expansion of use beyond that existing at this time,are
exempt from CEQA requirements.The vacation will relocate an easement and return the property's
usability over to the private property owner.The proposed vacation of the above described land
meets the criteria noted above.No significant effects would occur as a result of the proposed project.
Therefore,the above described project complies with the conditions described in Section
15301/Class 1 of the CEQA Guidelines.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2
apply to this project.
LOCAL PREFERENCE
Local preference does not apply because the vacation of a public utility easement and emergency
access easement does not involve bidding or contracting.
FISCAL IMPACT
There will be no City funds involved with this vacation.Embree Asset Group,Inc.has paid allCity of Fresno Printed on 3/14/2023Page 2 of 3
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File #:ID18-0550 Agenda Date:5/10/2018 Agenda #:
There will be no City funds involved with this vacation.Embree Asset Group,Inc.has paid all
processing fees to cover staff cost in accordance with the Master Fee Schedule.
Attachments:
PUE Vacation_Vicinity Map
PUE Vacation_EA-17-039
Resolution to Vacate
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BARSTOW GARFIELDBRYANPOLKBLYTHEVALENTINEVAN NESSFRUITSIERRA
ALLUVIAL
GETTYSBURG
DAKOTA
CLINTON
OLIVE
NIELSON
KEARNEY
ANNADALE
INTERNATIONAL
PERRIN
TEAGUE
ALLUVIALMAROAFRESNOMILLBROOKMAPLEWILLOW
MINNEWAWASUNNYSIDEARMSTRONGMAPLEORANGECHERRYFIGCHURCH
BUTLER
TULARE
LOCANDAKOTA
CLINTON
OLIVE
FRUITHUGHESVALENTINEBLYTHEPOLKBRYANN
ENGINEERING SERVICES DIVISION
DISTRICT 5
Assessor's Parcel Numbers
480-213-13, 480-213-14, and
480-213-15
2 of 3
proposed for vacation; and
WHEREAS, this action is being taken pursuant to the provisions of the Public
Streets, Highways, and Service Easements Vacation Law (Cal. Sts. & Hy. Code §§
8300-8363).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The Council finds from all the evidence submitted that the vacation of a
public utility easement on the northwest corner of East Church Avenue and South
Chestnut Avenue is unnecessary for present and prospective public utility purposes.
2. The public interest and convenience require, and it is hereby ordered, that
as contemplated by Resolution of Intention No. 1123-D adopted by the Council on April
19, 2018, public utility easement proposed for vacation as shown in Exhibit “A” is hereby
vacated and abandoned.
4. The City Clerk shall prepare this Resolution for recordation, but not until
the Public Works Director or the City Engineer has approved and accepted all
improvements associated with this vacation.
5. The City Clerk shall certify to the passage of this Resolution and shall file
a certified copy, attested by the City Clerk under the sea l of the City, in the Office of the
City Clerk.
6. This vacation shall become effective on the date this resolution is
recorded.
3 of 3
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of , 2018.
AYES :
NOES :
ABSENT :
ABSTAIN :
YVONNE SPENCE, MMC, CRM
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
CITY ATTORNEY'S OFFICE
BY:
Date
Deputy City Attorney
Attachments: Exhibit “A”
PW File 12151
LOT 24LOT 25
A PORTION OF LOT 16 A PORTION OF LOT 23
EAST CHURCH AVENUE SOUTH CHESTNUTAVENUEAPN: 480-213-15 APN: 480-213-14
40'
16' EASEMENT FOR
PUBLIC UTILITIES
PER TRACT NO. 1026
TO BE VACATED
(N00°39'21"E 187.5' R1)(N89°40'00"W 264.5' R1)(N00°39'21"E 187.5' R1)(N89°40'00"W 264.5' R1)
40'
52.5'
52.5'
APN: 480-213-13
Feet
0 50 100
SCALE: 1" = 50'
LEGEND
=EASEMENT VACATION
AREA = +/- 5,144 SQ FT
F.C.R.=FRESNO COUNTY RECORDS
O.R.F.C.=
CITY OF FRESNO
DEPARTMENT OF PUBLIC WORKS
LOTS 24 AND 25 AND THE SOUTH 65 FEET OF LOTS 16 AND 23
OF TRACT NO. 1026 MARIGOLD ACRES, IN THE CITY OF FRESNO,
COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP THEREOF FILED FOR RECORD APRIL 21, 1948 IN BOOK
14 OF MAPS, PAGE 8, FRESNO COUNTY RECORDS.
REF. & REV.PROJ. ID.
FUND NO.
ORD. NO.
CO
RES.TYPE
DR. BY
CH. BY
DATE
SHEET NO.
SCALE
JDK
NET
1" = 50'
OF SHEETS
1
1
16001
PROPERTY LINE=
SECTION LINE=
EXHIBIT 'A'
PLAT 2961
04/20/2017
LOT 15
LOT 26
A PORTION OF LOT 16 A PORTION OF LOT 23
OFFICIAL RECORDS
OF FRESNO COUNTY
LOT LINE=
(R1)=MARIGOLD ACRES
TRACT NO. 1026 RECORDED
IN VOLUME 14 OF PLATS
AT PAGE 8, F.C.R.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0248 Agenda Date:5/10/2018 Agenda #:
REPORT TO CITY COUNCIL
May 10, 2018
FROM:JENNIFER CLARK, Director
Development and Resource Management
THROUGH:KELLI FURTADO, Assistant Director
Development and Resource Management
BY:THOMAS MORGAN, Housing Manager
Housing and Community Development Division
SUBJECT
HEARING to obtain public comments regarding implementation of the City’s proposed activities with
federal grant funding pertaining to the City of Fresno 2018-2019 Annual Action Plan
RECOMMENDATIONS
Staff recommends Council obtain the views and comments from interested persons regarding
implementation of the City’s proposed activities with federal grant funding for the Fiscal Year 2018-
2019 Annual Action Plan (FY19 Action Plan).
EXECUTIVE SUMMARY
City staff initiated a comprehensive citizen engagement and action planning process in January 2018
outlined in detail as part of the staff report on citizen engagement.The May 10,2018,public hearing
has been widely advertised and distributed to interested parties.The City Council will consider the
final FY19 Action Plan after HUD has announced the City’s allocation,but no later than 60 days after
the allocation has been announced or August 16, 2018, whichever comes first.
BACKGROUND
In order to qualify for and receive federal grant funding through HUD,the City is required to prepare a
Consolidated Plan every five years,an Annual Action Plan detailing the housing,community,and
economic development activities proposed for funding through the CDBG,HOME,ESG,and HOPWA
programs,and a Consolidated Annual Performance Evaluation Report capturing results each year.
The development of the Annual Action Plan occurs through a needs hearing,a citizen participation
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process, an application period, and a program budgeting process.
The FY19 Action Plan covers the period from July 1,2018,through June 30,2019,and is the fourth
year of the current Consolidated Plan.The Draft FY19 Action Plan was made available for public
review from March 23,2018 through April 23,2018.A public hearing was properly advertised for May
10,2018,to obtain the views and comments from interested persons.The Draft FY19 Action Plan
has been prepared to meet the HUD grant funding requirements and provides details on the City’s
proposed use of CDBG, HOME, ESG, and HOPWA Programs.
City staff has committed to the timely submission of the FY19 Action Plan,and began a
comprehensive citizen engagement action planning process in January 2018 that would allow the
City to meet the statutory May 15,2018,deadline for submitting to HUD for approval.The City’s
Housing and Community Development Commission (HCDC)conducted a public needs hearing on
January 24,2018,and a subrecipient funding application public hearing on March 14,2018.
Immediately following the March 14th public hearing,the HCDC scored and ranked subrecipient
applications (attachment)and recommended CDBG,HOME tenant-based rental assistance program,
ESG,HOPWA subrecipient funding awards and HOME affordable housing development and
substantial rehabilitation allocations.The City subsequently published the Draft FY19 Action Plan for
public review from March 23,2018,through April 23,2018.The HCDC conducted a Draft FY19
Action Plan public hearing on April 25,2018,a verbal update will be provided by staff to the City
Council on May 10,2018.Public comments from all HCDC hearings may be found in the Draft FY19
Action Plan Appendix A:Summary of Public Comments Received and City Response.A summary of
any and all comments from public hearings will be considered and included in the final FY19 Action
Plan.
On March 23,2018,the Federal Fiscal Year 2018 omnibus bill was signed into law,containing
funding for HUD.HUD is allowed up to 60 days to release allocations to entitlement jurisdictions such
as Fresno.At the time of publication of the Draft FY19 Action Plan and preparation of the May 10,
2018,City Council staff report,HUD had yet to finalize allocations for 2018-2019.As such,all of the
funding amounts and allocations are considered estimates until the City receives notice from HUD on
the final allocation.A summary of the City’s estimated sources and uses is presented on page 5 of
the Draft FY19 Action Plan with more detailed information on estimated sources and expected uses
in AP-15 Expected Resources (pages 21-24),AP-35 Projects (page 29)and AP-38 (pages 31-47).
Per HUD guidance,the City published a draft plan with funding contingencies,discussed on pages 2
through 4 of the Draft FY19 Action Plan,in case the actual allocation is different than the estimated
amounts.If the actual allocation is more than 10%less than the estimated amount,the City may
hold additional public hearings and release an amended plan for additional public comment.
The City Council will consider the final FY19 Action Plan at a future meeting,no later than 60 days
after the allocation has been announced or August 16,2018,whichever comes first.The City will not
submit a final plan to HUD until the actual allocations are announced.
Citizen Participation
City staff began preparation of the Draft FY19 Action Plan in December 2017 through a public notice
of the entitlement funding,and a Public Needs Hearing on housing and community development
needs held on January 24,2018.On April 25,2018,HCDC held a public hearing and made
recommendations regarding the Draft FY19 Action Plan as discussed above.The May 10,2018,City
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Council Public Hearing represents the second public hearing on the FY19 planning process.
The table below summarizes the citizen participation component of the planning process.It is
important to note the City provided notices and various communication in multiple languages.
Citizen Participation Date
Public Notice initiating the Annual Action Plan process in
the Fresno Bee and Vida en el Valle
Dec. 12, 2017 (Vida) Dec.
23, 2017 (Bee)
Flyers developed in 3 languages and provided to
community centers, public libraries, e-mail distribution list
of 500+ addresses, web posting, FresGo, social media
including Facebook and Twitter, and various radio stations.
Dec. 22, 2017 - Jan. 24,
2018
1st Action Plan Community Workshop - West Fresno
Family Resource Center
Jan.9, 2018
2nd Action Plan Community Workshop - Pinedale
Community Center
Jan. 18, 2018
Public Needs Hearing: Community Development Needs
held at Housing and Community Development
Commission Meeting
Jan. 24, 2018
NOFA outreach included: community centers, public
libraries, e-mail distribution list of 500+ addresses, web
posting,
Feb. 14, 2018
Notice of HCDC Public Hearing and Scoring of CDBG
applications; Notice of Funding Availability (NOFA)
published in the Fresno Bee (daily publication) and Vida
en el Valle (weekly publication)
Jan. 31, 2018 (Bee) Feb.
7, 2018 (Vida)
HCDC Public Hearing and scoring of CDBG applications March 14, 2018
Notice of Draft Fiscal Year 2018-2019 Annual Action Plan,
Public Comment Period, and HCDC and City Council
Public Hearings
Mar. 23, 2018 (Bee) Mar.
23, 2018 (KBIF) April. 4,
2018 (Vida)
Draft FY19 Action Plan published - Minimum 30 day public
review period began (outreach again included e-mail
distribution, social media, FresGo, web posting,
community centers, library, etc.)
Mar. 23, 2018
Draft Action Plan Public Comment Period Ends April 23, 2018
HCDC Meeting - Public Hearing and Draft Action Plan April 25, 2018
City Council - Public Hearing May 10, 2018
City Council - FY19 Action Plan Consideration TBD
FY 2018-2019 Entitlement Program Allocation
The City estimates that it will be allocated $9,638,303 for FY 2019.The estimated allocation is
detailed below:
FISCAL YEAR
ALLOCATIONS
CDBG HOME HOPWA ESG TOTAL
2018-2019 Estimated
Allocation (Current Year)
$6,422,423 $2,204,672 $441,305 $569,903 $9,638,303
2017-2018 Allocation
(Prior Year)
$6,422,423 $2,204,672 $441,305 $569,903 $9,638,303
DIFFERENCE $-0-$-0-$-0-$-0-$-0-
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File #:ID18-0248 Agenda Date:5/10/2018 Agenda #:
FISCAL YEAR
ALLOCATIONS
CDBG HOME HOPWA ESG TOTAL
2018-2019 Estimated
Allocation (Current Year)
$6,422,423 $2,204,672 $441,305 $569,903 $9,638,303
2017-2018 Allocation
(Prior Year)
$6,422,423 $2,204,672 $441,305 $569,903 $9,638,303
DIFFERENCE $-0-$-0-$-0-$-0-$-0-
Entitlement funds primarily address housing and community development needs of low-and
moderate-income households,and as such the limited resources are prioritized to meet the greatest
need.Activities that are multi-year in nature such as planning activities,infrastructure improvements
and rehabilitation programs that generally take more than one year to complete may be carried over
into the next fiscal year.It is important to note that for timeliness reasons,it is essential that projects
utilizing entitlement funds be implemented efficiently and effectively.
The Draft FY19 Action Plan includes investments in capital projects such as street infrastructure,
parks and community facilities as well as new investment in public services administered by local
nonprofit agencies.The Draft FY19 Action Plan also incorporates recommendations of the HCDC,
public input received at the January Public Needs Hearing,input received through various public
hearings,Council Districts and the Mayor’s Office,as well as City staff related to capacity to
implement proposed projects.A summary of the activities recommended for funding can be found in
attached Draft FY19 Action Plan under AP-38, Project Summary, pages 31-47.
ENVIRONMENTAL FINDINGS
This is not a project for purposes of CEQA pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable because of the use of federal funding.
FISCAL IMPACT
Adoption of the FY19 Action Plan will allow the City to receive approximately $9.6 million of new
entitlement funding.
Attachments:
A - Draft Fiscal Year 2018-2019 Annual Action Plan
B - Public Comments
C - PowerPoint Presentation
D - HCDC Scoring Summary
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DRAFT AS OF MARCH 23rd, 2018
ALL SOURCES AND USES ARE CONSIDERED
ESTIMATES PENDING HUD FINALIZATION OF
PROGRAM YEAR 2018 ALLOCATIONS.
City of Fresno
Program Year 2018
Annual Action Plan
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
TABLE OF CONTENTS
AP-05 Executive Summary ........................................................................................................ 1
PR-05 Lead and Responsible Agencies .................................................................................. 10
AP-10 Consultation .................................................................................................................. 11
AP-12 Participation - 91.105, 91.200(c) ................................................................................... 18
AP-15 Expected Resources – 91.220(c)(1,2) .......................................................................... 21
AP-20 Annual Goals and Objectives ....................................................................................... 25
AP-35 Projects – 91.220(d) ..................................................................................................... 29
AP-38 Project Summary .......................................................................................................... 31
AP-50 Geographic Distribution – 91.220(f) .............................................................................. 48
AP-55 Affordable Housing – 91.220(g) .................................................................................... 50
AP-60 Public Housing – 91.220(h) .......................................................................................... 51
AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................ 52
AP-70 HOPWA Goals– 91.220 (l)(3) ....................................................................................... 55
AP-75 Barriers to Affordable Housing – 91.220(j) .................................................................... 56
AP-85 Other Actions – 91.220(k) ............................................................................................. 58
AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ....................................................... 63
Appendix A: Summary of Public Comments Received and City Response ............................. 69
Appendix B: Public Notices ...................................................................................................... 70
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
1
AP‐05 Executive Summary
Introduction
The City of Fresno (City) receives annual allocations from the U.S. Department of Housing and
Urban Development (HUD) through four grant programs:
(1) Community Development Block Grant (CDBG)
(2) HOME Investment Partnership Program (HOME)
(3) Emergency Solutions Grant (ESG), and
(4) Housing Opportunities for Persons With AIDS/HIV Grant (HOPWA)
The overarching purpose of these four programs is to assist low- and moderate-income
families and households, which are those that earn less than 80% of the area median income.
ESG and HOPWA funds are earmarked to assist the homeless and persons living with
AIDS/HIV, respectively. The funds are used to pursue three goals:
(1) Provide decent, affordable housing
(2) Create suitable living environments, and
(3) Expand economic opportunities.
In order to access these federal funds, the City of Fresno (City) must carry out a planning
process to identify the scope of housing and community development needs in its jurisdiction
and how the available funding can best be used to meet those needs. This planning process,
called the Consolidated Plan, was conducted in late 2014 and early 2015. The term of the plan
began on July 1, 2015 and will end on June 30, 2020. A full copy of the Consolidated Plan is
available for review at the City’s Development and Resources Management (DARM)
Department and online at https://www.fresno.gov/darm/housing-community-development/.
Each year, the City prepares an Annual Action Plan that describes the projects and actions it
will undertake to carry out the strategies outlined in the Consolidated Plan. This document is
the Fourth Year Annual Action Plan, covering the period from July 1, 2018 to June 30, 2019.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Sources and Uses of Funds
At the time of publication of this draft plan, HUD has yet to finalize allocations for Fiscal Year
2018. As such, all of the funding amounts and allocations are to be considered estimates until
the City receives notice from HUD on the final allocation. A summary of the City’s estimated
sources and uses is presented on the next page. More detailed information on estimated
sources can be found in AP-15 Expected Resources and more detailed information on
expected uses can be found in AP-35 Projects.
Per HUD guidance, the City may publish a draft plan if it provides for funding contingencies in
case the actual allocation is different than the estimated amounts. In the event that the actual
allocation is more than ten percent less than the estimated amount, the City may hold
additional public hearings and release an amended plan for additional public comment. The
City will not submit a final plan to HUD until the actual allocations are announced. The
following adjustments will be made based on the actual allocations received by HUD.
HOPWA
Allotments to each eligible use will be based on percentage of the final allocation.
Eligible Use Percentage Amount Based on
Current Estimate
TBRA 37% $163,214
STRMU 5% $20,000
Supportive Services 32% $141,619
Housing Information Services 12% $54,608
Emergency Shelter 12% $51,100
Administration 2% $10,764
Total $441,305
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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CDBG
Administration
The Administration budget will equal 20% of the allocation.
Public Services
If the actual allocation is less than the estimate, the overall public services budget will be
decreased to equal fifteen percent of the actual allocation to comply with the public service
requirements of CDBG. The City will determine which subrecipient awards can be adjusted
with the minimum impact to meeting its overall Consolidated Plan priorities.
If the actual allocation is more than the estimate, the City will use the additional funds to
support homeless programs and activities.
Public Facilities and Improvements
If the actual allocation is more than the estimate, any remaining funds after the above
adjustments are made will be used to increase the funding for streets, sidewalks, and park
improvements in low-income areas.
Housing
If the actual allocation is less than the estimate, the housing rehabilitation budget will be
reduced after the above adjustments are made.
Funding Category Percentage Amount Based on
Current Estimate
Housing 24% $1,600,000
Services 14% $960,215
Facilities and Infrastructure 30% $1,961,000
Other (Section 108) 14% $900,000
Administration 18% $1,207,800
Total $6,629,015
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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HOME
Administration
The Administration budget will equal 10% of the allocation plus 10% of any program income
received.
Community Housing Development Organizations (CHDO)
The allocation to Community Housing Development Organizations (CHDOs) will be equal to or
greater 15% of the allocation plus $150,949 of prior year carry-over funds.
Housing Development
If the actual allocation is more than the estimate, any remaining funds after the above
adjustments are made will be used to increase the funding for housing development.
Tenant Based Rental Assistance
If the actual allocation is less than the estimate, the tenant based rental assistance budget will
be reduced after the above adjustments are made.
Funding Category Percentage Amount Based on Current
Estimated Available
Housing Development 48% $1,2700,000
CHDO Set-Aside 18% $481,650
TBRA 25% $667,000
Administration 9% $251,967
TOTAL $2,670,617
ESG
Allotments to each eligible use will be based on percentage of the final allocation.
Eligible Use Percentage Amount Based on
Current Estimate
Outreach / Emergency Shelter 32.5% $185,220
Rapid Re-Housing 52% $297,000
Homeless Prevention 4.5% $25,000
HMIS Data Collection 3.5% $19,946
Administration 7.5% $42,737
Total $569,903
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SOURCES – CDBG Amount USES – CDBG % Amount
Allocation 6,422,423 Housing 24% 1,600,000
Program Income 206,500 Public Services 14% 960,215
Prior Year Reprogram Facilities/ Infrastructure 30% 1,961,000
Section 108 Payment 14% 900,000
Administration 18% 1,207,800
Subtotal 6,628,923 Subtotal 100 6,628,923
SOURCES – HOME USES – HOME % Amount
Allocation 2,204,672 Development 48% 1,270,000
Program Income 315,000 CHDO Development 18% 481,650
Prior Year Reprogram 150,949 TBRA 25% 667,000
Administration 9% 251,967
Subtotal 2,670,621 Subtotal 100 2,670,621
SOURCES – ESG USES – ESG % Amount
Allocation 569,903 Outreach/Shelter 32.5% 185,220
Re-Housing 52% 297,000
Prevention 4.5% 25,000
HMIS 3.5% 19,946
Administration 7.5% 42,737
ESG Subtotal 569,903 ESG Subtotal 100 569,903
SOURCES – HOPWA USES – HOPWA % Amount
Allocation 441,305 TBRA 37% 163,214
STRMU 5% 20,000
Supportive Services 32% 141,619
Housing Information 12% 54,608
Housing Operating Costs 12% 51,100
Administration 2% 10,764
HOPWA Subtotal 441,305 HOPWA Subtotal 100 441,305
Total 10,310,752 Total 10,310,752
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Summary of Objectives and Outcomes
The City of Fresno (City), located in the center of California’s Central Valley, stands as the
largest city in the County of Fresno (County), and is the fifth largest city in the State of
California. The City encompasses an area of 113 square miles and is surrounded by mostly
rural residential and agricultural land. Fresno has a population of over half a million (520,052)
residents, a total of 161,914 households, with a median income of $42,015.
Of distinct concern is the comparatively high poverty level found in the city, as the Fresno’s
poverty rate is double that of the State of California and is 14 percent higher than the poverty
rate for the County. Additionally, the percentage of families experiencing extreme poverty
(those with family incomes under $10,000) is more than double the extreme poverty rate of the
state. This contributes to the fact that 47 percent of households are cost burdened and paying
more than 30 percent of their income toward housing costs. From 2000 to 2013 median home
values in the city increased by 82 percent and median contract rent increased by 94 percent.
During the same time period the median household income increased by only 30 percent. This
indicates that incomes are not keeping pace with the increasing cost of housing.
As part of its Strategic Planning Process, the City summarized its approach to addressing
these issues with four over-arching goals. All of the projects funded in Program Year 2018 will
align to serve one of the following goals.
Goal #01: Safe and Affordable Housing
The City will fund affordable housing projects to improve the quality of housing stock
throughout the city. This includes rehabilitation efforts and new development. All of the City’s
HOME funds and approximately 24% of the CDBG funds will be used to serve this goal. Goals
listed in this plan are estimates based on historical per unit subsidies. Actual accomplishments
will be based on information to be determined, including cost allocations and subsidy layering
analysis.
Goal #02: Homeless Services
The City, in close coordination with the Fresno Madera Continuum of Care and its members,
will provide available ESG funding to local homeless service providers for the operation of
homeless shelters, provision of homeless prevention, street outreach, and rapid rehousing
services. It should be noted that CDBG-funded projects under Public Facilities and Public
Services will also serve homeless populations.
Goal #03: Community Services
The Consolidated Plan identified services for seniors and youth to be high priorities. The City
will use CDBG to support a number of social service programs aimed at assisting low and
moderate income persons. The Senior Hot Meal Program will provide nutritious meals to low
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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income seniors at various locations throughout the City. The Youth Afterschool program will
provide educational and recreational services to young adults at community centers that serve
predominantly low income areas. In addition, the City will support a number of local non-profits
with CDBG funds in PY2018, including the Boys and Girls Club, Fresno EOC, Helping Others
Pursue Excellence, Lowell CDC, and Poverello House.
Goal #04: Public Facilities and Public Improvements
The City will use CDBG funds to make needed improvements to neighborhood streets,
streetscapes, and parks that serve predominantly low and moderate income areas. The City is
also proposing to provide assistance to a number of facilities that primarily serve low and
moderate income persons.
● Potential Street and Sidewalk Improvements – non housing benefit: 7,830 persons
o Shields / Dakota Sidewalks ($775,000) – 2,730 persons
o El Dorado Sidewalks ($175,000) – 1,430 persons
o Hidalgo Sidewalks ($250,000) – 1,115 persons
o Orange / Cedar Sidewalks ($1,150,000) – 2,555 persons
● Potential Parks - Public facilities – non housing benefit: 30,570 persons
o Romain – 745 N First Avenue ($125,000) – 10,270 persons
o Granny’s Park - 2024 E Pontiac Way ($150,000) - 1,330 persons
o Hinton – 2367 S Fairview ($250,000) - 4,850 persons
o JSK (Victoria West) - 3861 W Clinton ($300,000) - 14,120 persons
● Community Facilities – 4 Public facilities
o Marjaree Mason Center Kitchen Rehabilitation ($300,000) – 1 facility
o WestCare California, Inc. Fire System Upgrade ($120,000) – 1 facility
o Helping Others Pursue Excellence (HOPE) ADA ($35,000) – 1 facility
o Poverello House HVAC Upgrade ($45,000) – 1 facility
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Evaluation of Past Performance
The City recognizes evaluation of past performance is critical to ensure the City funded
departments and its subrecipients are implementing activities effectively and that those
activities align with the City of Fresno’s overall strategies and goals.
Recently Completed HOME Accomplishments
● 11 units at Lowell Neighborhood Project at 146 N Glenn
● 4 single-family rehabilitations
HOME Currently Under way
● 8 units at Lowell Neighborhood Project 240-250 N. Calaveras
● 4 units at B and Amador
● 3 units - Habitat Central
● 3 single-family rehabilitations
Recent Tenant Based Rental Accomplishments
● 90 formerly homeless households
Recent Public Service Accomplishments
● 598 seniors assisted (Senior Hot Meals)
● 1,293 youth assisted (After School Program)
Recent Public Facility Accomplishments
● Mosqueda Splash Park – under way
● Romain Park – under way
● Almy and Roy Street Improvements – complete
Homelessness Accomplishments
The City actively participates in the efforts of the Fresno Madera Continuum of Care (FMCoC)
to end chronic homelessness. In the last program year, the City supported services that served
1,165 homeless persons.
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Summary of Citizen Participation and Consultation Process
The City adopted and followed a Citizen Participation Plan to ensure interested residents
received opportunities to participate in the planning process. In addition to the required
publications, and as part of the outreach strategy, the City developed a robust database of
over 500 community development and housing service providers, workforce developers,
community advocates, public agencies, individuals, and businesses across the city.
For this planning cycle, stakeholders were consistently engaged, updated, and encouraged to
participate in the process utilizing additional low and no-cost outreach methods such as social
media (FaceBook and Twitter) and FresGo, an app that over 17,000 individuals have
downloaded to submit real-time requests in their neighborhoods. The Citizen Participation
process is described in greater detail in PR-15 Citizen Participation.
Summary of Public Comments
A summary of all comments are included in Appendix A.
Summary of Comments not accepted
Any comments not accepted, if applicable, will be summarized in an exhibit to the final plan.
To date, all comments have been accepted.
Summary
In PY 2018, the City estimates that it will have roughly $10.3 million in federal resources
available to address its most pressing affordable housing and community development
priorities. The most pressing needs in the City continue to be a large number of blighted
properties and substandard condition of housing, especially within the neighborhoods identified
as CDBG target areas. As such, the majority of CDBG resources available to the City through
the programs covered by this plan will focus on reinvestment in distressed areas through
housing programs, public facility and infrastructure projects, and supportive public services.
HOME funds will be used to increase housing opportunities for low-income households
through new development, tenant-based rental assistance, and improvements to existing
owner-occupied housing stock. ESG funds will continue to serve the needs of homeless
populations and HOPWA funds will provide housing assistance to persons living with AIDS/HIV
and their families.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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PR‐05 Lead and Responsible Agencies
The City of Fresno Development and Resource Management Department (DARM), Housing
and Community Development Division is responsible for the administration of HUD
Entitlements including but not limited to the Community Development Block Grant Program
(CDBG), the HOME Investment Partnerships Program (HOME), the Emergency Solutions
Grant program (ESG), and the Housing Opportunities for People with AIDS/HIV (HOPWA)
funding.
Public Contact Information:
Tom Morgan
Development and Resource Management Department (DARM)
Housing and Community Development Division
2600 Fresno Street
Fresno, CA 93721
Phone: 559.621.8064
TTY: 559.621.8721
Fax: 559.457.1054
Email: Thomas.Morgan@fresno.gov
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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AP‐10 Consultation
Introduction
Public participation plays a central role in the development of the Consolidated Plan.
To develop its 2015-2019 Consolidated Plan, the City launched an in-depth and collaborative
effort to consult with community stakeholders, elected offices, City and County departments,
and beneficiaries of entitlement programs to inform and develop the priorities and strategies.
For the PY 2018 Annual Action Plan, the City followed up with many of the same organizations
to identify shifts and trends within the needs of the community.
Efforts to Enhance Coordination
Provide a concise summary of the jurisdiction’s activities to enhance coordination
between public and assisted housing providers and private and governmental health,
mental health and service agencies (91.215(l))
As part of the Consolidated Planning process, the City developed a robust database of over
500 community development and housing service providers, workforce developers, community
advocates, public agencies, individuals, and businesses across the city. Through this
comprehensive database, the City can quickly outreach and coordinate with a large number of
stakeholders within the community.
As part of the PY 2018 planning process, the City released a Consolidated Notice of Funding
Availability (NOFA) for CDBG, HOME, ESG, and HOPWA to coordinate with local non-profits
on the provision of public services and to accept proposals for the rehabilitation and
development of community facilities.
Continuum of Care Consultation – Homeless Needs
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families
with children, veterans, and unaccompanied youth) and persons at risk of
homelessness.
The Fresno Madera Continuum of Care (FMCoC) is comprised of organizations and individuals
working to address homelessness in the counties of Fresno and Madera. Members of the
FMCoC include representatives of federal, state, and local government agencies, nonprofits,
the private sector, and faith-based organizations. The FMCoC holds monthly meetings to
coordinate the efforts of its members to efficiently provide housing and services to the
homeless population.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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As part of the PY 2018 planning process, the City coordinated with the FMCoC to determine
the amount of the ESG allocations that should be used for each eligible use. The City used the
approved breakdown by funding categories to determine subrecipient allocations.
Continuum of Care Consultation – Program Design
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area
in determining how to allocate ESG funds, develop performance standards for and
evaluate outcomes of projects and activities assisted by ESG funds, and develop
funding, policies and procedures for the operation and administration of HMIS.
Allocation
The City of Fresno acts as a pass-through agency for Emergency Solutions Grant Program
(ESG) funds. While the City is responsible for the administration and oversight of the grant, the
vast majority of funds are awarded to local homeless service providers who perform the day to
day operation of the funded programs. As part of the PY 2018 planning process, the City
coordinated with the FMCoC to determine the amount of the ESG allocations that should be
used for each eligible use. The City used the approved breakdown by funding categories to
determine subrecipient allocations.
Development of Standards and Policies
ESG standards and policies were developed by the City, County, and the FMCoC when the
ESG program transitioned from the Emergency Shelter Grant to the Emergency Solutions
Grant in 2011. These standards are included in Exhibit C of this document. The City
anticipates the completion of an updated management policies and procedures plan and
standards in 2018. The City will continue to coordinate with its public and private partners to
ensure that the local FMCoC meets all HEARTH requirements with respect to ESG funds.
HMIS and Coordinated Entry System
The Homeless Management Information System (HMIS) is used by all local homeless
providers participating in the FMCoC. HMIS is a database used to track performance and
outcomes for the agencies. As the HMIS Lead of the FMCoC, the Fresno Housing Authority
plays a critical role in coordinating the annual Point-in-Time Count (PITC), collecting data, and
distributing results from the annual count. The work of the Housing Authority in this regard
meets and exceeds HUD requirements for the implementation and compliance of Homeless
Management Information System Standards.
The Fresno Madera Continuum of Care’s Coordinated Entry System utilizes a common
assessment tool – the Vulnerability Index. All member agencies of the FMCoC have
committed to using both the assessment tool and the Coordinated Entry System. The Multi-
Agency Access Program (MAP) Point at the Poverello House (Pov) was the first coordinated
physical entry point collectively developed by the Community Conversations stakeholder
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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group. The MAP Point at the Pov served as the first physical location of the Coordinated Entry
System. The program has proved successful in its first two years and has begun expansion.
List of Consultations
Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdiction’s consultations with housing, social service agencies and
other entities.
Organization Housing Authority-City of Fresno
Organization Type PHA
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Coordination on homelessness, TBRA housing, and
HOPWA services
Organization Fresno Madera Continuum of Care
Organization Type Services-homeless
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Coordination on homelessness.
Organization Housing and Community Development Commission
Organization Type Community/Family Services and Organizations
Neighborhood Organization
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Organization attended the public workshop and
identified their perceived needs and priorities.
Organization County of Fresno, Department of Public Health
Organization Type Other government – County
What section of the Plan was
addressed by Consultation?
Action Plan
Lead Based Paint Hazards
Method of Consultation /
Anticipated outcomes
Better coordination on HOPWA services
Better coordination on Lead Paint Hazards
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Organization State of California
Organization Type State government
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
HOPWA coordination
Organization Marjaree Mason
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Improved Homeless Coordination
Organization Fresno Equal Opportunities Commission
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Housing and homeless coordination
Organization Boys and Girls Club
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Youth services coordination
Organization Helping Other Pursue Excellence (HOPE)
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Coordination of job training
Organization WestCare California, Inc.
Organization Type Non-profit
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What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
HOPWA
Coordination of facility improvements
Organization Habitat for Humanity
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Coordination of housing activities
Organization Poverello House
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Coordination of homeless services
Organization Lowell Community Development Corporation
Organization Type Non-profit
What section of the Plan was
addressed by Consultation?
Action Plan
Method of Consultation /
Anticipated outcomes
Coordination of housing services
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Identify any Agency Types not consulted and provide rationale for not consulting
Not Applicable
List other local/regional/state/federal planning efforts considered when preparing the
Plan and how the goals of the Strategic Plan overlap with the goals of each plan
Name of Plan: Continuum of Care
Organization: Fresno Madera Continuum of Care
Overlap: The Continuum of Care works to alleviate the impact of homelessness in
the community through the cooperation and collaboration of social service
providers. This effort aligns with the Strategic Plan's goal to support
activities that respond to homelessness and its impacts on the community.
Name of Plan: City of Fresno Housing Element
Organization: City of Fresno
Overlap: The Housing Element is the State-required component of the City's
General Plan and provides a policy guide and implementation work plan to
help the City meet its future regional housing needs. This effort aligns with
the Strategic Plan's goal to assist in the creation and preservation of
affordable housing opportunities.
Name of Plan: City of Fresno Transformative Climate Communities (TCC)
Organization: City of Fresno
Overlap: The City conducted a planning process as part of its application for
Transformative Climate Communities (TCC). Local leaders formed the
Transformative Climate Communities Collaborative to identify a plan for
economic and environmental transformation of Southwest, Chinatown and
Downtown Fresno. A Community Steering Committee, comprised of over
160 residents and local business owners, participated in a series of
community meetings that put the decision-making power in their hands.
Residents of Southwest Fresno, one of the State’s most disadvantaged
neighborhoods, played an active role in the Community Steering
Committee.
Name of Plan: City of Fresno Parks Master Plan
Organization: City of Fresno
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Overlap: The Parks Master Plan details existing and planned parks and recreational
facilities that will create more suitable living environments.
Describe cooperation and coordination with other public entities, including the State
and any adjacent units of general local government, in the implementation of the
Consolidated Plan (91.215(l))
The City works closely with the Public Housing Authority of the City of Fresno, the County of
Fresno, and the State in a number of affordable housing programs.
For HOPWA, the City is responsible for administering the grant on behalf of the entire
metropolitan statistical area, which includes all of Fresno County. As such, the City coordinates
with the County Public Health Department and the State of California to ensure the needs of
persons living with AIDS/HIV are addressed.
As detailed above, the City participates in the FMCoC to address homeless issues in the
region. Through this organization, the City is able to coordinate its resources with other public
entities to ensure a strategic response to homelessness.
The City recently completed a CalHome Grant program provided by the State of California’s
Department of Housing and Community Development for first-time home buyers. As available,
the City will apply for future funding opportunities.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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AP‐12 Participation ‐ 91.105, 91.200(c)
Summary
Summarize the citizen participation process and efforts made to broaden citizen
participation. Summarize citizen participation process and how it impacted goal-setting.
The City provided a number of opportunities for the public to participate the PY 2018 planning
process:
DATE PUBLIC OUTREACH
January 09, 2018 Community Needs Workshop and Conversation # 1, Columbia Elementary School
(1025 South Trinity Street)
January 11, 2018 Fresno Madera Continuum of Care Consultation / Meeting
January 18, 2018 Community Needs Workshop and Conversation # 2, Living Grace Fellowship
Church (3239 West Ashlan Avenue)
January 24, 2018 Housing and Community Development Commission (HCDC) Community Needs
Public Hearing
February 01, 2018 Consolidated Notices of Funding Availability (NOFAs) Released
March 14, 2018 HCDC Public Hearing on Funding Recommendations
March 23, 2018 to
April 23, 2018 Draft 2018 - 2019 Annual Action Plan Public Comment Period
April 25, 2018 Housing and Community Development Commission (HCDC) Meeting
May 10, 2018 Public Hearing on Adoption of 2018-2019 Annual Action Plan
TBD Additional outreach may be scheduled if final allocations are drastically different
than the expected amounts used in this version.
The City advertised these meetings in English, Spanish, and Hmong. A public service
announcement is also provided to the Hmong-language radio station (KBIF 900 AM). All
notices are included in Appendix B of the plan. The City also conducted low and no-cost
outreach including the distribution of information to an e-mail listing of over 500 addresses, the
City website, as well as social media (Facebook and Twitter), radio, and through the City’s
FresGo App. Copies of the plan are also distributed to neighborhood community centers, the
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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City Clerk’s office, and the downtown public library. The proposed plan (Draft AAP) was
published on March 23rd and available to the public for comment through April 23rd. The City
will conduct an additional HCDC meeting on April 25th and a public hearing to receive
comments on the plan on May 10th, 2018. The results of the community meetings, including a
summary of all comments and input received to date, is included in Appendix A of this plan.
At this time, HUD has yet to release the final allocations. If the final allocations are drastically
different than the expected amounts listed in this version of the plan, the City may conduct
additional public outreach.
Citizen Participation Outreach
Community Needs Workshop and Conversation (January 9 & 18, 2018)
Mode of Outreach Neighborhood Meetings
Target of Outreach Non-targeted/broad community
Summary of response/attendance Total of 31 persons
Summary of comments received None
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
Public Needs Hearing
Housing and Community Development Commission Meeting (January 24, 2018)
Mode of Outreach Public Hearing
Target of Outreach Non-targeted/broad community
Summary of response/attendance
Summary of comments received See attached
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
FMCoC Consultation for ESG (Jan 11, 2018)
Mode of Outreach Public Meeting
Target of Outreach Homeless
Summary of response/attendance
Summary of comments received Received recommendations on the use of ESG
allocation
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
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Housing and Community Development Commission Meetings on Funding Proposals (March 14,
2018)
Mode of Outreach Public Meeting
Target of Outreach General
Summary of response/attendance 28 persons
Summary of comments received Received recommendations from HCDC members
and received additional comments from
applicants.
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
Public Comment Period (March 23rd – April 23rd , 2018)
Mode of Outreach Public Notice
Target of Outreach General
Summary of response/attendance To Be Determined
Summary of comments received To Be Determined
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
Housing and Community Development Commission Meeting (April 25th , 2018)
Mode of Outreach Public Meeting
Target of Outreach General
Summary of response/attendance To Be Determined
Summary of comments received To Be Determined
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
Public Hearing
City Council Meeting (May 10th , 2018)
Mode of Outreach Public Hearing
Target of Outreach General
Summary of response/attendance To Be Determined
Summary of comments received To Be Determined
Summary of comments not accepted and reasons n/a
URL (If applicable) n/a
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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AP‐15 Expected Resources – 91.220(c)(1,2)
Introduction
The main source of funding for the goals, programs, and projects discussed in this Action Plan
will come from the Community Development Block Grant (CDBG) and the HOME Investment
Partnerships Program (HOME). The City receives smaller allocations of the Emergency
Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS/HIV (HOPWA).
CDBG
CDBG funds may be used for a broad range of activities, including housing, infrastructure,
public facilities and services, and economic development, as long as the purpose of the
program is to benefit persons considered to be low or moderate income (below 80% of the
area median income).
HOME
HOME funds may only be used for affordable housing projects. This includes the acquisition
and development of new housing, the rehabilitation of existing units, tenant-based rental
assistance, and homebuyer assistance. Assisted units can be either rental or owner-occupied.
All units must benefit households earning less than 80 percent of the area median income.
ESG
ESG funds are designed to serve homeless persons and those at risk of homelessness.
The ESG program provides funding to engage homeless living on the street; improve the
number and quality of emergency shelters; rapidly re-house homeless into market housing;
and to prevent families and individuals from becoming homeless.
HOPWA
This program is targeted to provide housing assistance to persons living with AIDS/HIV and
their families. HOPWA funds may be used for a wide range of housing, social services,
program planning, and development costs. These include the development of new housing
units; costs for facility operations; rental assistance; and short-term payments to prevent
homelessness. An essential component in providing housing assistance for this targeted
special needs population is the coordination and delivery of support services.
State and Local Funds
The City expects to leverage and attract additional funding sources to help meet its goals,
including programs such as Transformative Climate Communities (TCC) and Multi-Agency
Access Program (MAP Point). Potential sources include general funds, additional housing
funds from the State, private funding invested in the HOME-assisted affordable housing
developments.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
22
Over the next few years, the City expects to receive up to $70 million through TCC. The funds
will be invested in Southwest Fresno, Chinatown, and the downtown. The proposal calls for
investment in a new community college campus, parks, community gardens, trails, energy
efficiency improvements to existing homes, and over 100 new homes close to the future high
speed rail station.
In addition, the Housing-Related Parks Program from the State of California (Proposition 1 C).
In recent years, the City has contributed general funds to homeless street outreach program
called HERO (Homeless Engagement Resource Outreach Team). The City will also continue
to fund Neighborhood Revitalization teams from local funding sources.
Lead Hazard Abatement Funds
The City has successfully applied for Lead Hazard Abatement funds in the past. These funds
are awarded on an annual basis from HUD for the assessment and abatement of lead paint
hazards in low income homes. The City may apply based on availability of federal funding.
Explain how federal funds will leverage those additional resources (private, state and
local funds), including a description of how matching requirements will be satisfied.
As a recipient of HOME and ESG funding, the City is required to generate matching funds.
For the HOME Program, the City is required to match twenty-five percent of all project
expenditures. In recent years, HUD has waived the City’s HOME match requirement based on
fiscal distress criteria. In the 2018 program year, the City will continue to seek HOME match
funds to contribute to future year match liabilities. Examples of matching funds under the
HOME Program include private finance and interest subsidies from home buyer and residential
rehabilitation programs.
The ESG grant requires a 100% match of program funds. The City of Fresno passes this
matching requirement to the service providers receiving the ESG funds. ESG providers meet
this requirement through the use of private donations, State grants, and/or volunteer hours.
The City may also provide general funds to service providers in order to meet match
requirements.
Leverage, in the context of entitlement funding, means bringing in other local, state, and
federal financial resources to maximize the reach and impact of the City of Fresno’s U.S.
Department of Housing and Urban Development (HUD) funded programs. Like many other
federal agencies, HUD encourages its grant recipients to strategically leverage additional
funds in order to achieve greater results. Leverage is also a way to increase project
efficiencies and benefit from economies of scale that often come with combining sources of
funding for similar or expanded scopes.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Federal Resources
Program
/ Source Uses of Funds Expected Amount Available in
Program Year
Narrative
Description
CDBG
public -
federal
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
Annual Allocation:
Program Income:
Prior Year Resources:
Total:
Available for Remaining
Con Plan
$6,400,000
$100,000
$2,500,000
$9,000,000
$6,000,000
See above
ESG
public -
federal
Shelter
Operations
Prevention
Re-Housing
Street Outreach
HMIS
Annual Allocation:
Program Income:
Prior Year Resources:
Total:
Available for Remaining
Con Plan
$569,903
$0
$0
$569,903
$569,903
See above
HOME
public -
federal
Homebuyer
assistance
Homeowner rehab
Rental
TBRA
Annual Allocation:
Program Income:
Prior Year Resources:
Total:
Available for Remaining
Con Plan
$2,200,000
$315,000
$0
$2,515,000
$2,200,000
See above
HOPWA
public -
federal
Facility Based
Housing
Housing Services
Tenant Based
Rental Assistance
Short Term Rent
Utility Mortgage
Assistance
Annual Allocation:
Program Income:
Prior Year Resources:
Total:
Available for Remaining
Con Plan
$441,305
$0
$0
$441,305
$441,305
Table 1 ‐ Expected Resources – Priority Table
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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A good source of leveraging the City hopes to continue to use is the Housing-Related Parks
Program from the State of California (Proposition 1 C). Through this program, the State
provides additional funds to local governments for parks and recreational facilities when the
local government creates additional affordable units. In previous years, the City has leveraged
over $1million in additional park improvements.
The federal government has several other funding programs for community development and
affordable housing activities. These include: Fair Housing; Lead Based Paint; HOPE VI;
HOPWA Competitive Funds; the Supportive Housing Program; Section 202, Section 811;
Youthbuild; the Housing Choice Voucher Program; the Affordable Housing Program (AHP)
through the Federal Home Loan Bank, and others. It should be noted that in most cases the
City would not be the applicant for these funding sources as many of these programs offer
assistance to affordable housing developers and nonprofits rather than local jurisdictions.
If appropriate, describe publically owned land or property located within the jurisdiction
that may be used to address the needs identified in the plan.
The City works with the Successor Agency to the Redevelopment Agency and identified 18
city-owned lots that may be deeded to developers in order to build single-family in-fill housing
units. City staff is currently evaluating the lots for development potential. The majority of these
lots are located in the central core of the city.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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AP‐20 Annual Goals and Objectives
Goals Summary Information1
Goal Name Category Geographic
Area
Needs
Addressed
Funding
Safe and
Affordable
Housing
Affordable
Housing
Citywide Affordable
Housing
CDBG:
$1,600,000
HOME:
$2,418,650
Homelessness
and the
Prevention of
Homelessness
Homeless Citywide Homelessness HOPWA:
$441,305
ESG:
$569,903
Community
Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
Low/Mod
Income
Areas
Community
Services
CDBG:
$960,215
Public Facilities
and Public
Improvements
Non-Homeless
Special Needs
Non-Housing
Community
Development
Low/Mod
Income
Areas
Public Facilities
and Public
Improvement
CDBG:
$1,961,000
Table 2 – Goals Summary
1 Funding amounts listed on this table do not include CDBG administrative budgets or Section 108 loan
repayment.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Goal #01: Safe and Affordable Housing
The City will continue to fund affordable housing projects to improve the quality of housing
stock throughout the City. This includes rehabilitation efforts and new development. All of the
City’s HOME funds and approximately 25% of the CDBG funds will be used to serve this goal.
These goals are estimates based on historical per unit subsidies. Actual accomplishments will
be based on information to be determined, including cost allocations and subsidy layering
analysis.
Goal Outcome Indicators
● Rental units constructed:
− 40 HOME-assisted units
● Tenant-Based rental assistance:
− 70 HOME-assisted units
● Homeowner Housing Rehabilitated:
− Housing Rehab: 100 units
− Senior Paint: 10 units
− Lead Abatement: 15 units
Goal #02: Homeless Services
The City, in close coordination with the FMCoC and its members, will provide its available ESG
funding to local homeless service providers for the operation of homeless shelters, provision of
homeless prevention, street outreach, and rapid rehousing services. It should be noted that
CDBG-funded projects under Community Services (Goal #3) and Public Facilities and
Improvements (Goal #4) will also serve homeless populations.
Goal Outcome Indicators
● Homeless Persons Provided Overnight Shelter:
− Marjaree Mason ESG ($174,220) - 500 persons
− Poverello House ESG ($11,000) - 15 households
− WestCare California, Inc. HOPWA ($51,100)- 20 persons
● Rapid Re-Housing:
− WestCare California, Inc. ESG ($162,000) – 50 persons
− Marjaree Mason ESG ($135,000) – 102 persons
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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● Homeless Prevention:
− WestCare California, Inc. HOPWA Tenant-Based Rental Assistance and
Short-term Mortgage Rent and Utility Assistance ($183,214) - 21 persons
− WestCare California, Inc. ESG ($25,000) - 32 persons
● HIV/AIDS Housing and Supportive Services:
− WestCare California, Inc. HOPWA ($206,991) – 60 persons
Goal #03: Community Services
The Consolidated Plan identified services for seniors and youth as high priority needs.
The City will use CDBG to support a number of social service programs aimed at assisting low
and moderate income persons. The Senior Hot Meal Program will provide nutritious meals to
low income seniors at various locations throughout the City. The Youth Afterschool program
will provide educational and recreational services to young adults at community centers that
serve predominantly low income areas. In addition, the City will support a number of local non-
profits with CDBG funds in PY2018.
Goal Outcome Indicators
● Public services – non housing benefit: 2,205 persons
− Helping Others Pursue Excellence - 5 persons
Location: 4974 E Clinton Way
− Lowell CDC Tenant Counseling and Capacity Building – 250 persons
Locations: (1) Addams, (2) Columbia, (3) Eldorado Park, (4) Fort Miller, (5)
Jefferson, (6) King, (7) Kirk, (8) Leavenworth Hidalgo, (9) Lowell, (10) Slater, (11)
Vang Pao, (12) Webster, (13) Williams, (14) Winchell, and (15)Yakomi
− Boys and Girls Clubs of Fresno County - 950 persons
Locations: (1) Fink-White, (2) El Dorado, and (3) Inspiration Park
− City of Fresno PARCS Senior Meals Program - 250 persons
Locations: (1) Lafayette Neighborhood Park, (2) Mary Ella Brown Community
Center, (3) Mosqueda Community Center, (4) Pinedale Community Center, (5)
Senior Citizens Village, and (6) Ted C. Wills Community Center
− Fresno County Economic Opportunities Commission (EOC) After School - 150
persons. Locations: (1) Sunset Community Center, (2) Bigby Villa Apartments,
(3) MLK Square Apartments, (4) Westgate Garden Apartments, and (5) Gaston
Middle School
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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− City of Fresno PARCS After School Program - 600 persons
Locations: (1) Dickey Youth Development Center, (2) Einstein Neighborhood
Center, (3) Fink White Neighborhood Center, (4) Frank H. Ball Neighborhood
Center, (5) Holmes Neighborhood Center, (6) Lafayette Neighborhood Center,
(7) Maxie L Parks Community Center, (8) Quigley Neighborhood Center, (9)
Romain Community Center, and (10) Ted C. Wills Community Center
Goal #04: Public Facilities and Public Improvements
The City will use CDBG funds to make needed improvements to neighborhood streets,
streetscapes, and parks that serve predominantly low and moderate income areas. The City is
also proposing to provide assistance to a number of facilities that primarily serve low and
moderate income persons.
Goal Outcome Indicators
● Potential Street and Sidewalk Improvements – non housing benefit: 7,830 persons
o Shields / Dakota Sidewalks ($775,000) – 2,730 persons
o El Dorado Sidewalks ($175,000) – 1,430 persons
o Hidalgo Sidewalks ($250,000) – 1,115 persons
o Orange / Cedar Sidewalks ($1,150,000) – 2,555 persons
● Potential Parks - Public facilities – non housing benefit: 30,570 persons
o Romain – 745 N First Avenue ($125,000) – 10,270 persons
o Granny’s Park - 2024 E Pontiac Way ($150,000) - 1,330 persons
o Hinton – 2367 S Fairview ($250,000) - 4,850 persons
o JSK (Victoria West) - 3861 W Clinton ($300,000) - 14,120 persons
● Community Facilities – 4 Public facilities
o Marjaree Mason Center Kitchen Rehabilitation ($300,000) – 1 facility
o WestCare California, Inc. Fire System Upgrade ($120,000) – 1 facility
o Helping Others Pursue Excellence (HOPE) ADA ($35,000) – 1 facility
o Poverello House HVAC Upgrade ($45,000) – 1 facility
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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AP‐35 Projects – 91.220(d)
HOUSING CDBG HOME ESG HOPWA
Housing Rehabilitation (Non-profit) 1,000,000
Lead Abatement Program 300,000
Senior Paint Program 100,000
Housing Delivery Costs 200,000
CHDO Set Aside 481,650
Tenant Based Rental Assistance 667,000
HOME Development 1,270,000
FACILITIES AND IMPROVEMENTS CDBG HOME ESG HOPWA
Neighborhood Street Improvements 886,000
Park Improvements 575,000
Nonprofit Facilities 500,000
PUBLIC SERVICES CDBG HOME ESG HOPWA
Senior Hot Meals 185,000
Parks After School Program 595,000
Nonprofit Public Services 180,215
HOMELESS CDBG HOME ESG HOPWA
ESG 569,903
HOPWA 441,305
PLANNING AND ADMINISTRATION CDBG HOME ESG HOPWA
Program Administration 1,167,800 251,967
Fair Housing Council 40,000
OTHER CDBG HOME ESG HOPWA
Section 108 Loan Repayment 900,000
TOTALS 6,628,923 3,923,008 569,903 441,305
Table 3 ‐ Project Information
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Describe the reasons for allocation priorities and any obstacles to addressing
underserved needs.
Affordable Housing
The Consolidated Plan identified quality, affordable housing as a high priority, as well as
treatment of neighborhood deterioration. The City manages several programs that serve to
arrest deterioration and provide assistance to improve the livability of affordable housing.
In addition, the City will partner with local affordable housing developers to increase the
inventory of quality, affordable housing for low income renters and buyers.
Public Services
The Consolidated Plan identified services for seniors and youth to be high priorities. The City
provides essential services to targeted low- and very-low income neighborhoods through its
Senior Hot Meals and PARCS Afterschool Programs.
Public Facilities and Improvements
The Consolidated Plan identified public facilities and improvements in low-moderate income
neighborhoods as a high priority. In particular, roadway deterioration along with access to
schools and parks was highlighted as critical to livability. The City is focused on strategic
investments that will enhance other private and public investment targeted to low and very-low
income neighborhoods. In the current year, sidewalks, lighting, and other streetscape
improvements were noted at the public needs hearings.
Homeless
The City coordinates and consults with the Fresno Madera Continuum of Care to identify
funding priorities for homeless programs each year.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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AP‐38 Project Summary
Project Name Housing Rehabilitation (Non-Profit)
Target Area Low/Mod Income Areas
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $1,000,000
Description CDBG funds are reserved to address the rehabilitation needs of
low income homeowners.
Habitat for Humanity ($215,000)
Fresno EOC ($285,000)
Self-Help Enterprises ($500,000)
Target Date 6/30/2021
Goal 100 low income households
Location
Description
Available to income eligible homeowners throughout the City.
Planned Activities 14A: Single-Unit Residential Rehabilitation (24 CFR 570.202)
LMH: Low Mod Housing (LMH) national objective (24 CFR
570.208(a)(3))
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Lead Abatement Program
Target Area Citywide
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $300,000
Description CDBG funds will be granted to qualifying properties occupied by
low income households to eliminate lead paint hazards in housing
built before 1978.
Target Date 6/30/2020
Goal 15 low mod income households
Location
Description
2600 Fresno Street, Room 3070, Fresno CA 93721
Planned Activities Lead Paint abatement and clearance activities.
14I: Lead Paint Abatement (24 CFR 570.202)
LMH: Low Mod Housing (LMH) national objective (24 CFR
570.208(a)(3))
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Senior Paint Program
Target Area Citywide
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $100,000
Description CDBG funds will pay for a licensed lead-certified painting
contractor to paint the exterior of the home and may include minor
repairs, (i.e., screens, broken window panes, loose or damaged
gutters, etc.) provided there are enough funds available after
deducting the cost of the paint project. This program serves low-
income seniors (62 years of age or older) who own and occupy
their homes.
Target Date 6/30/2020
Goal 10 low mod income senior households (City)
Location
Description
2600 Fresno Street, Room 3070, Fresno CA 93721
Planned Activities 14A: Single-Unit Residential Rehabilitation (24 CFR 570.202)
LMH: Low Mod Housing national objective (24 CFR
570.208(a)(3))
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Housing Program Delivery
Target Area Citywide
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding CDBG: $200,000
Description CDBG funds will pay for the delivery costs associated with
housing rehabilitation targeted to income-eligible households.
Target Date 6/30/2020
Goal Not Applicable
Location
Description
2600 Fresno Street, Room 3070, Fresno CA 93721
Planned Activities 14H: Rehabilitation Administration (24 CFR 570.202)
LMH: Low Mod Housing national objective (24 CFR
570.208(a)(3))
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Community Housing Development Organization (CHDO) Set
Aside
Target Area Citywide
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $481,650
Description HOME funds will be loaned to a qualified Community Housing
Development Organization (CHDO) to finance the development of
housing affordable to low-income households. Developments may
be either rental or homebuyer.
Target Date 6/30/2021
Goal To be determined.
Location
Description
To be determined.
Planned Activities Rental Housing Development or
Homebuyer Housing Development
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Tenant-Based Rental Assistance
Target Area Citywide
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $667,000
Description HOME funds will be used to subsidize private market units for
homeless and low income households to increase affordability.
Target Date 06/30/2020
Goal 75 low income households
Location
Description
Citywide
Planned Activities Tenant-Based Rental Assistance
Project Name HOME Rental Development
Target Area Citywide
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $1,270,000
Description HOME funds will be loaned to local affordable housing developers
to finance the development or rehabilitation of rental housing
projects affordable to low income households.
Target Date 6/30/2021
Goal 40 new rental units
Location
Description
To be determined
Planned Activities Development/Rehabilitation of Rental Housing
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Neighborhood Street and Sidewalk Improvements
Target Area Low/Mod Income Areas
Goals Supported Public Facilities and Public Improvements
Needs Addressed Public Facilities and Public Improvement
Funding CDBG: $886,000
Description Potential projects, based on availability of funding, include:
El Dorado Sidewalks ($175,000)
Hidalgo Sidewalks ($250,000)
Orange / Cedar Sidewalks ($1,150,000)
Shields / Dakota Sidewalks ($775,000)
Target Date 6/30/2020
Goal 7,830 persons residing in selected residential service areas.
Location
Description
Proposed areas are listed in the Geographic Distribution section
Planned Activities 03K: Street Improvements – 24 CFR 570.201(c)
LMA – Low Moderate Income Areas – 24 CFR 570.208(a)
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Park Improvements
Target Area Low/Mod Income Areas
Goals Supported Public Facilities and Public Improvements
Needs Addressed Public Facilities and Public Improvement
Funding CDBG: $575,000
Description CDBG funds will be used to make capital improvements to
parks and recreational facilities that serve predominantly low
and moderate income residential areas. Potential projects,
based on availability of funding, include:
● Romain – 745 N First Avenue ($125,000)
● Granny’s Park - 2060 E Pontiac Way ($150,000)
● JSK (Victoria West) - 3861 W Clinton ($300,000)
● Hinton – 2367 S Fairview ($250,000)
Target Date 6/30/2020
Goal 30,570 persons living in selected residential service areas
Location Description Please refer to the Geographic Distribution section for
proposed locations.
Planned Activities 03: Parks and Recreational Facilities – 24 CFR 570.201(c)
LMA: Low Moderate Income Area – 24 CFR 570.208(a)(1)
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Non-Profit Facilities
Target Area None
Goals Supported Public Facilities and Public Improvements
Needs Addressed Public Facilities and Public Improvement
Funding CDBG: $500,000
Description CDBG funds will be used to make needed capital
improvements to public facilities owned by non-profit
organizations that provide services to predominantly low and
moderate income persons.
Target Date 6/30/2020
Goal 4 Public Facilities
Location Description Potential projects, based on availability of funding, include:
Marjaree Mason Center
WestCare CA
Poverello House
Helping Others Pursue Excellence
Planned Activities 03: Public Facilities – 24 CFR 570.201(c)
LMC: Limited Clientele – 24 CFR 570.208(a)(2)
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Senior Hot Meals
Target Area Low/Mod Income Areas
Goals Supported Community Services
Needs Addressed Community Services
Funding CDBG: $185,000
Description Weekday meals and programming for limited clientele in
targeted neighborhood community centers; compliments other
clientele socialization activities
Target Date 6/30/2019
Goal 250 seniors
Location Description Potential locations include:
● Lafayette Neighborhood Center ~ 1516 E. Princeton Ave
● Mary Ella Brown Community Center ~ 1350 E. Annadale
● Mosqueda Community Center ~ 4670 E. Butler Ave.
● Pinedale Community Center ~ 7170 N. San Pablo Ave.
● Senior Citizens Village ~ 1917 S. Chestnut Ave.
● Ted C. Wills Community Center ~ 770 N. San Pablo Ave.
Planned Activities 05C: Senior Services – 24 CFR 570.201(e)
LMC: Limited Clientele – 24 CFR 570.208(a)(2) – Presumed
Benefit
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Parks After School Program
Target Area Low/Mod Income Areas
Goals Supported Community Services
Needs Addressed Community Services
Funding CDBG: $595,000
Description Programs after school on weekdays and Saturday
programming for targeted neighborhood community centers to
provide enrichment activities, homework assistance, career
development, socialization, crime & drug prevention, and meal
supplements for low and very low income youth
Target Date 6/30/2019
Goal 600 youth
Location Description Various community centers in low/mod income areas
Planned Activities 05D: Youth Services – 24 CFR 570.201(e)
LMC: Limited Clientele – 24 CFR 570.208(a)(2)
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name Non-Profit Public Service
Target Area Low/Mod Income Areas
Goals Supported Community Services
Needs Addressed Community Services
Funding CDBG: $180,215
Description CDBG funds will be provided to local non-profits to support
programs that serve predominantly low and moderate income
clientele. Proposed subrecipients include
● Boys and Girls Club ($75,000)
Locations: (1) Fink-White, (2) El Dorado, and (3)
Inspiration Park
● Fresno EOC Afterschool ($36,215)
Locations: (1) Sunset Community Center, (2) Bigby
Villa Apartments, (3) MLK Square Apartments, (4)
Westgate Garden Apartments, and (5) Gaston Middle
School
● Poverello House ($9,000)
Locations: confidential
● Helping Others Pursue Excellence ($15,000)
Location: 4974 E Clinton Way
● Lowell CDC Capacity Building ($25,000)
● Lowell CDC Tenant Education ($20,000)
Locations: (1) Addams, (2) Columbia, (3) Eldorado
Park, (4) Fort Miller, (5) Jefferson, (6) King, (7) Kirk, (8)
Leavenworth Hidalgo, (9) Lowell, (10) Slater, (11) Vang
Pao, (12) Webster, (13) Williams, (14) Winchell, and
(15)Yakomi
Target Date 6/30/2019
Goal 1,355 persons
Location Description Listed above.
Planned Activities 05: Public Services – 24 CFR 570.201(e)
LMC: Limited Clientele – 24 CFR 570.208(a)(2)
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name ESG
Target Area Citywide
Goals Supported Homelessness and the Prevention of Homelessness
Needs Addressed Homelessness
Funding ESG: $569,903
Description ESG funds will be used to provide housing and shelter
assistance to homeless and persons at risk of homelessness.
Planned activities include payment of shelter operations,
homeless prevention, rapid re-housing, street outreach, HMIS,
and grants administration and oversight.
Target Date 6/30/2020
Goal 535 persons provided overnight shelter
152 Units of rapid re-housing
32 Units of homeless prevention
Location
Description
Citywide
Planned Activities Shelter Operations
Homeless Prevention
Rapid Re-Housing
HMIS
Grant Administration and Oversight
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name HOPWA Housing Programs
Target Area Fresno County
Goals Supported Homelessness and the Prevention of Homelessness
Needs Addressed Homelessness
Funding HOPWA: $411,305
Description HOPWA funds will be used to provide housing assistance and
housing-related supportive services for persons living with
AIDS/HIV and their families. HOPWA funds will be used for
supportive services, housing information and referral services,
tenant-based rental assistance, short-term rent, mortgage, and
utility assistance.
Target Date 6/30/2020
Goal 100 persons
Location
Description
Services available throughout Fresno County
Planned Activities Supportive Services
Housing Information/ Referral
Tenant-Based Rental Assistance
Short-Term Rent, Mortgage, and Utility Assistance
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name CDBG Program Administration and Planning
Target Area Citywide
Low/Mod Income Areas
Goals Supported Safe and Affordable Housing
Homelessness and the Prevention of Homelessness
Community Services
Public Facilities and Public Improvements
Needs Addressed Affordable Housing
Homelessness
Community Services
Public Facilities and Public Improvement
Funding CDBG: $1,167,800
Description Grant Monitoring and Administration, Historic Preservation,
Environmental Assessments
Target Date 6/30/2019
Goal Not Applicable
Location
Description
2600 Fresno Street, Fresno CA 93721
Planned Activities 21A: General Administration – 24 CFR 570.206
NA: National Objective not applicable
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Project Name HOME Program Administration
Target Area Citywide
Low/Mod Income Areas
Goals Supported Safe and Affordable Housing
Needs Addressed Affordable Housing
Funding HOME: $235,695
Description Grant Monitoring and Administration
Target Date 6/30/2019
Goal Not Applicable
Location Description 2600 Fresno Street, Fresno CA 93721
Planned Activities General Administration and Oversight of HOME-funded
projects
Project Name HOPWA Program Administration
Target Area Fresno County
Goals Supported Homeless
Needs Addressed Homeless
Funding HOPWA: $10,764
Description HOPWA funds will be used for administrative and compliance
oversight activities associated with HOPWA funded projects.
Target Date 6/30/2019
Goal Not applicable
Location
Description
2600 Fresno Street, Fresno CA 93721
Planned Activities Grant Administration and Oversight
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Project Name Fair Housing Council
Target Area Citywide
Goals Supported Community Services
Needs Addressed Community Services
Funding CDBG: $40,000
Description CDBG funds will be used to support fair housing outreach and
education to ensure fair housing opportunities throughout the
City.
Target Date 6/30/2019
Goal Not applicable
Location
Description
333 W Shaw Avenue, Fresno CA
Planned Activities 21D: Fair Housing Planning – 24 CFR 570.205
NA: National Objective not applicable to planning activities
Project Name Section 108 Loan Repayment
Target Area None
Goals Supported N/A
Needs Addressed N/A
Funding CDBG: $900,000
Description CDBG funds will be used to pay Section 108 debt service.
Target Date 6/30/2019
Goal Not applicable
Location
Description
2600 Fresno Street, Fresno CA
Planned Activities 19F: Section 108 Planned Repayment
NA: National Objective not applicable to planning activities
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AP‐50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income
and minority concentration) where assistance will be directed.
The City does not have any defined local target areas. In PY 2018, the City will serve a
number of predominantly low and moderate income neighborhoods throughout the City. The
following list identifies some of the areas that will receive assistance in PY 2018:
Street and Sidewalk Improvements
● El Dorado Sidewalks ($175,000) - Census Tract 54.03 Block Group 3
● Hidalgo Sidewalks ($250,000) - Census Tract 25.02 Block Groups 1-2
● Orange / Cedar Sidewalks ($1,150,000) - Census Tract 13.03 Block Groups 1-2
● Shields / Dakota Sidewalks ($775,000) - Census Tract 47.04 Block Group 2
Park Improvements
● Romain – 745 N First Avenue
o Census Tract 5.01, Block Groups 1
o Census Tract 24.00, Block Group 2
o Census Tract 25.02, Block Groups 1-2
o Census Tract 26.01, Block Groups 1-2
● Granny’s Park – 2024 E Pontiac Way
o Census Tract 51.00, Block Groups 3-4
● JSK (Victoria West) – 3861 W Clinton
o Census Tract 20.00, Block Group 1
o Census Tract 38.04, Block Group 2 and 3
o Census Tract 38.05, Block Group 2 and 3
o Census Tract 38.07, Block Group 1
o Census Tract 38.08, Block Group 2
● Hinton - 2367 S Fairview
o Census Tract 9.02, Block Groups 1-3
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Rationale for the priorities for allocating investments geographically.
The Consolidated Plan did not identify any targeted areas. Instead, the City will spread
resources throughout the City, with the understanding that most funding will go toward the
improvement of predominantly low and moderate income residential areas.
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AP‐55 Affordable Housing – 91.220(g)
Introduction
Although entitlement dollars are limited, the City does anticipate expending a significant portion
of its federal allocation dollars on the preservation and provision of affordable housing.
A detailed discussion of how HUD entitlements will be used to support affordable housing
needs within the City is provided in AP-20, with the number of households to be assisted
itemized by goal. These numbers do not include CDBG-funded housing rehabilitation that does
not meet the HOME standard of housing rehabilitation.
One Year Goals for the Number of Households to be
Supported
Homeless (HOPWA and HOME TBRA) 70
Non-Homeless 40
Special-Needs 0
Total 110
Table 4 ‐ One Year Goals for Affordable Housing by Support Requirement
One Year Goals for the Number of Households
Supported Through
Rental Assistance 70
The Production of New Units 40
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 110
Table 5 ‐ One Year Goals for Affordable Housing by Support Type
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AP‐60 Public Housing – 91.220(h)
Introduction
Public housing within Fresno is administered by the Housing Authority of the City of Fresno.
While the City will coordinate closely with the Housing Authority and share information about
their respective programs, the City does not plan on providing financial assistance to the
Housing Authority for their physical inventory. The Housing Authority receives its own
allocation from HUD, including an allocation through the Capital Fund Program, which will be
used to repair, renovate and/or modernize the public housing developments.
The City does partner with the Housing Authority on the administration of HOME- and
HOPWA-funded tenant-based rental assistance and the administration of the HMIS homeless
information management system.
Planned Actions
Describe Actions planned during the next year to address the needs to public housing.
A portfolio application inclusive of all Public Housing developments within Fresno was
submitted to HUD for the Rental Assistance Demonstration (RAD) program. Additionally, site
specific RAD applications have been submitted and approved for 242 of the 380 remaining
public housing units within the City of Fresno. The Housing Authority will be determining if the
remaining 138 public housing units have rehabilitation needs sufficient for the RAD program.
Actions to encourage public housing residents to become more involved in
management and participate in homeownership.
The Housing Authority Resident Advisory Board (RAB) meets at least annually to review any
changes to the Admissions and Continued Occupancy Policy (ACOP) and the Housing
Authority Annual Plan policies. In addition, residents are able to make comments before the
Board of Commissioners and their comments are solicited for all major policy changes.
The Housing Authority participated in a homeownership program in previous years where over
200 foreclosed homes (in the City and County) were renovated and sold to low-income
residents and other individuals.
If the PHA is designated as troubled, describe the manner in which financial assistance
will be provided or other assistance.
The Housing Authority of the City of Fresno is not considered troubled.
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AP‐65 Homeless and Other Special Needs Activities – 91.220(i)
Introduction
Describe the jurisdictions one-year goals and actions for reducing and ending
homelessness including reaching out to homeless persons (especially unsheltered
persons) and assessing their individual needs.
The Multi-Agency Access Program (MAP) Point is the physical local coordinated entry point for
the FMCoC Coordinated Entry System. The Fresno Homeless Task Force conducts daily
activities in areas where homeless individuals and families congregate or are known to visit.
In reaching its annual goal of 1,340 contacts, the HERO Team conducts weekly outreach
activities in areas which have been identified as having the potential to attract or induce
homeless persons and families to congregate. The FMCoC develops and carries out regular
outreach and assessment activities such as the annual Point In Time (PIT) Count.
Describe actions to address the emergency shelter and transitional housing needs of
homeless persons.
The City is proposing to fund the shelter services provided by WestCare California, Inc.
(WestCare), the Marjaree Mason Center (MMC), and the Poverello House. WestCare will
provide shelter in an owned and operated facility along with intensive support services. MMC
will provide shelter in a secured environment owned and operated by MMC and transitional
services. The Poverello House will provide short term hotel vouchers to families and
households.
Describe actions planned to help homeless persons make the transition to permanent
housing and independent living, including shortening the period of time that individuals
and families experience homelessness, facilitating access for homeless individuals and
families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again.
The City will work with its subrecipients and other homeless service providers to reach
vulnerable individuals and families who are homeless. These agencies use a coordinated entry
system and the Multi-Agency Action Program (MAP) Point at the Poverello House, to provide
not only rapid rehousing and housing assistance, but also wrap-around services designed to
create sustainable and safe housing opportunities for long-term permanent and independent
living. As part of several national initiatives, the housing-first model has proven to be
successful and continues to be a best-practice. The recent City and County Status Update to
the 10-Year Plan to End Chronic Homelessness outlines several goals specifically relating to
(1) availability of housing (2) coordination among service providers (3) improving outreach, and
(4) preventing homelessness.
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The City is proposing to fund Rapid Rehousing programs administered by WestCare
California, Inc. and Marjaree Mason. The City will also provide for the assistance of 70
homeless persons transition to permanent housing through the use of tenant-based rental
assistance programs funded with HOME and HOPWA.
Describe planned actions to help low-income individuals and families avoid becoming
homeless, especially extremely low-income individuals and families and those who are:
● being discharged from publicly funded institutions and systems of care (such as health
care facilities, mental health facilities, foster care and other youth facilities, and
corrections programs and institutions); or,
● receiving assistance from public or private agencies that address housing, health, social
services, employment, education, or youth needs.
Through a network of social service agencies and supportive nonprofits, at-risk families and
individuals are identified and assisted with short-term and long-term wrap-around services.
These agencies include the Fresno County Mental Health network, the Fresno Police
Department, and the Fresno County Courts system.
While the City has no formal homeless discharge coordination policy in place, the City
continues to be an active participant in the FMCoC and the Community Conversations. The
FMCoC has established procedures with individual agencies related to discharge policies,
such as the County’s Department of Behavioral Health, the Hospital Council of Northern and
Central California, Fresno County Jail, etc. Members of the FMCoC work together to
coordinate their efforts and build a continuum of care that provides supportive and preventative
services to these individuals at high risk of homelessness after release. The Community
Conversation stakeholders meet quarterly and include leadership representing police and
probation, mental health, major hospitals, local government, court systems, housing authority,
the FMCoC, and many more. The City is actively engaged in planning efforts that address the
needs of individuals at risk due to discharge from systems of care.
The City is proposing to fund WestCare California, Inc. with ESG funds to administer homeless
prevention efforts and Short-Term Rent, Mortgage, and Utilities with HOPWA funds.
WestCare will conduct assessments and application screening; develop individual service
plans; and provide life skills training, detoxification services, substance abuse and mental
health treatment.
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Discussion
The City of Fresno will use the Emergency Solutions Grant program funds in the following
categories of activities:
Eligible Use Percentage Amount Based on
Current Estimate
Outreach / Emergency Shelter 32.5% $185,220
Rapid Re-Housing 52% $297,000
Homeless Prevention 4.5% $25,000
HMIS Data Collection 3.5% $19,946
Administration 7.5% $42,737
Total $569,903
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AP‐70 HOPWA Goals– 91.220 (l)(3)
One year goals for the number of households to be provided housing through the
use of HOPWA for:
Short-term rent, mortgage, and utility assistance to prevent homelessness of the
individual or family (STRMU) 21
Tenant-based rental assistance (TBRA) 0
Units provided in permanent housing facilities developed, leased, or operated with
HOPWA funds 0
Units provided in transitional short-term housing facilities developed, leased, or
operated with HOPWA funds 20
Total 41
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AP‐75 Barriers to Affordable Housing – 91.220(j)
Introduction
The City of Fresno identified several constraints to the development, maintenance, and
improvement of housing and affordable housing in its most recent Housing Element.
● Market Constraints
o Land Cost and Availability
o Land Use Controls
o Off-Site Improvements
o Materials and Labor
o Financing Costs
● Other Non-Governmental Constraints
o Accessibility to Mobility
o Social Perceptions
● Excessive Land Value in Select Areas
● Governmental Constraints
o Governmental Layers for Entitlements
o Annexation
o Development Review Process Components
o Fees and Exactions
Actions it planned to remove or ameliorate the negative effects of public policies that
serve as barriers to affordable housing such as land use controls, tax policies affecting
land, zoning ordinances, building codes, fees and charges, growth limitations, and
policies affecting the return on residential investment
During the PY 2018 year, the City will commit to the following actions to reduce the barriers to
affordable housing (see Chapter 6 of 2015 Housing Element):
● Providing development incentives such as planning entitlement fee reductions for
projects constructed in the City’s Inner City Fee Reduction Target Area density bonuses
for eligible projects Measure C TOD fee reduction programs for eligible projects
● Strengthening partnerships with Affordable Housing Developers
● Encouraging the development of adequate housing to meet the needs of persons with
special needs;
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● Assisting Individuals Experiencing Homelessness (ESG)
● Outreach and technical assistance to mobile home park residents
● Support to Fresno Housing Authority for marketing of Housing Choice Vouchers in
areas of opportunity;
● Streamlining Approval for Downtown Housing Projects Consistent with Housing Element
● Preventing Displacement through the Downtown Displacement Program
● Reducing housing utility costs through the Home Energy Tune-Up Program
● Expediting entitlements through the Business Friendly Fresno Program;
● Incentivizing large and small lot development
● Implementing comprehensive code enforcement, including an interior rental re-
inspection program;
● Improving infrastructure
● Rehabilitating housing’
● Enhancing police service to high crime neighborhoods;
● Contracting with the Fair Housing Council to provide fair housing services
● Implementing an integrated Equitable Communities program to encourage investment in
areas of need and to encourage affordable housing in areas of opportunity.
The City recently updated its Development Code. The updated development code makes it
easier to develop compact, walkable, affordable housing along high capacity transit corridors
and in downtown. These Code changes positively impact the availability of housing that meets
the State of California guidelines for affordability for low and very low income households. It is
anticipated that the City will evaluate its post-RDA housing properties for reuse as affordable
housing; however it is not expected that these properties will be available during the program
year.
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AP‐85 Other Actions – 91.220(k)
Introduction
In addition to outlining projects that the City will actively pursue with available federal
resources, the City must also describe “other actions” outlined below, as required by the
federal regulations.
Actions planned to address obstacles to meeting underserved needs
With a recognized deficit of parks and open space, the City continues to seek partnerships
which increase the availability of parks and open space in underserved neighborhoods.
The City has prioritized established neighborhoods for reinvestment – especially focusing on
high intensity transit corridors for development and redevelopment. These actions will provide
new or reconstructed infrastructure in low-mod census tracts and adjacent to low-mod
neighborhoods. The new Bus Rapid Transit (BRT) provides an alternative transportation option
that will enhance surrounding low-mod neighborhoods.
Actions planned to foster and maintain affordable housing
The City coordinates closely with the Housing Authority, local nonprofit housing providers, and
other governmental agencies to identify resources available for fostering and maintaining
affordable housing. These actions include support for Low Income Housing Tax Credit
applications for both 9% and 4% tax credits, support for Cap and Trade applications for the
development of new Transit-Oriented Development (TOD) housing options, and monitoring of
the mobile home rent control guidelines. The City recently completed a CalHome Grant
program provided by the State of California’s Department of Housing and Community
Development for first-time home buyers. As available, the City will apply for future funding
opportunities.
The City is committed to setting aside HOME funds for eligible Community Housing
Development Organizations (CHDO) for the development of eligible affordable housing
projects. Non-CHDO developers may also submit proposals for HOME entitlement funds for
eligible affordable housing development projects. The City is also committed to continued
funding of rehabilitation utilizing CDBG and/or HOME funds to provide assistance to owner-
occupied households meeting income eligibility criteria.
Actions planned to reduce lead-based paint hazards
To address potential and actual health hazards derived from lead-based paint (LBP) the City of
Fresno will support the Fresno County Human Services Agency's efforts to identify and
remediate hazards caused by LBP, provide outreach to the community regarding structural
dangers or cultural practices that may cause lead poisoning, and continue to include lead
abatement practices in code enforcement and rehabilitation programs as feasible. The City
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supported Fresno County in its application for supplemental HUD funds to address and
remove lead paint hazards. In addition, the City will implement a complimentary lead paint
abatement program and has two California State Certified Lead Inspectors/Assessors on staff.
Actions planned to reduce the number of poverty-level families
The City of Fresno allocates funding for homeless prevention and housing, including
emergency shelter, transitional housing, and permanent housing. The City of Fresno will
continue to provide assistance for the homeless and those in danger of becoming homeless
and improve communication and service delivery capabilities of agencies and organizations
that provide programs to assist the homeless.
The City of Fresno assists persons that are homeless or vulnerable to becoming homeless is
provided through nonprofit agencies and City of Fresno departments. Services and activities
provide free and reduced price services so that low-income persons are able to use their
income for other expenses:
● The Parks and Community Services Department provides seniors low cost or free
meals at community centers in low-income neighborhoods.
● The City of Fresno communicates information related to cooling centers in the summer
for homeless and low income persons that do not have access to cooled environments
and also to offset the cost associated with cooling a home. There are also warming
centers in the winter when the temperatures drop below 35 degrees. The City of Fresno
Transportation Department provides bus services to these centers free of charge.
● The Sustainability Division provides home energy audits for exterior and interior energy
efficiency rehabilitation.
● Additionally, area nonprofits receive funding from HUD through the Supportive Housing
Program (SHP) to assist homeless families and individuals, and the chronically
homeless.
● Saturday Parks Programs at school sites.
The City of Fresno has partnered with local homeless care providers and the FMCoC to
adopt and implement a ten year plan to end chronic homelessness. The City of Fresno is a
part of the FMCoC and services provided by these agencies are direct services with the
goal of ending chronic homelessness. Through the ESG Program the City of Fresno funds
agencies that provide services and activities such as:
● Homelessness and psychosocial assessments
● Case management
● Referrals to other service and programs
● Transportation; meals
● Shelter
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Economic Development Activities
As discussed in the Consolidated Plan, the City of Fresno will provide economic development
and employment opportunity programs through a variety of funding sources, and will focus its
economic activities and budget on four major areas:
1. Foster an environment that will lead to the creation of new jobs and the retention of
existing jobs;
2. Encourage entrepreneurs to establish new businesses;
3. Work with existing Fresno businesses to encourage them to stay in Fresno, expand,
and create additional jobs; and
4. Attract new businesses to Fresno with a focus on regional job initiative industry clusters.
Actions planned to develop institutional structure
The City is undertaking a series of technological improvements and enhancements designed
to streamline development applications, coordinate with other City services and provide more
accessible information to the public. While these changes to the City’s land management
system will take time to fully implement, the actions will provide the public with quick and easy
access to zoning, business licensing, permitting, code enforcement, and other data currently
difficult to access.
Housing Division staff has access to additional online, local and regional training to improve
and enhance the City’s knowledge of federal and state funding opportunities. All new funding
designated to service established neighborhoods will leverage the federal programs in eligible
low-mod census tracts. The City has improved efforts to efficiently and expediently distribute
funds related to HUD programs and is requiring the completion of HUD trainings and webinars
to maintain the level of expertise required.
Actions Planned to Enhance Coordination
The City will continue to participate as a member of the FMCoC with other social service and
housing providers for homeless activities, such as the Community Conversations network. City
staff will participate in local and regional workshops designed to develop relationships with
other providers and improve coordination. The Administration of the City meets regularly with
the Fresno Housing Authority, Fresno County, other cities in the Central Valley, and nonprofit
agencies. The City actively recruits new investment in underserved neighborhoods. The NRT
Team (now funded through non-federal funds) works closely with a number of partners,
including Fresno Unified School District, Habitat for Humanity, and other neighborhood
stakeholders, in its neighborhood revitalization efforts as part of Restore Fresno initiative.
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Monitoring
The City of Fresno has established a monitoring system to ensure that federal regulations,
local policies and program guidelines are met. The monitoring system encompasses both
entitlement program monitoring and project monitoring. The City of Fresno's Monitoring Plan
for the Consolidated Plan and each annual Action Plan was established to meet three primary
goals:
● Ensure that all activities and initiatives funded, in part or in whole, with HUD funds are
consistent with the approved Consolidated Plan.
● Ensure that all projects and or programs funded are implemented by a competent
subrecipient and administered in a timely and financially prudent manner; and that all
funds expended are in compliance with federal regulations.
● Ensure that all activities funded are evaluated and monitored regularly, and that
performance is assessed and reported.
The City has implemented “notice of grant award” documentation with City departments in
addition to subrecipient agreements with community based organizations. The City will be
offering technical assistance and ongoing training opportunities for awardees. With that, staff
recognized there is an ongoing opportunity to improve how various programs have been
managed, the methodology in which programs have been monitored, and the manner in which
funds have been allocated.
In addition, the City has implemented improved coordination between rehabilitation programs
and the neighborhood revitalization teams through a referral process. The City has also
increased low and no-cost outreach methods to ensure citizen participation, resulting in a
public needs hearing with standing room only.
Entitlement Program Monitoring
Each entitlement program has specific monitoring requirements such as timely use of funds,
commitment requirements, and uniform administrative requirements that must be met. The City
tracks these activities throughout the fiscal year.
Project/Activity Monitoring and Administration
City staff will determine that the national objective, activity eligibility and appropriate regulatory
requirements to monitor the activity/project are established. Monitoring activities include, but
are not limited to, compliance with national objectives, labor standards, financial management,
and environmental assessments. Staff conducts desk monitoring of drawdown requests
throughout the year. Site monitoring will be based on a risk assessment at the beginning of the
program year. However, rehabilitation and construction projects are monitored by Project
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
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Managers, Housing Specialists and a labor standards review throughout the construction
period and the affordability terms.
Minority Business Outreach (MBE/WBE)
The City has established a Disadvantaged Business Enterprise (MBE) Program in accordance
with the regulations of the U.S Department of Housing and Urban Development (HUD.
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AP‐90 Program Specific Requirements – 91.220(l)(1,2,4)
Community Development Block Grant Program (CDBG) 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in
the Projects Table. The following identifies program income that is available for use that is
included in projects to be carried out.
1. The total amount of program income that will have been received before the start of
the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during
the year to address the priority needs and specific objectives identified in the
grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use
has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities
that benefit persons of low and moderate income. Overall Benefit - A
consecutive period of one, two or three years may be used to determine
that a minimum overall benefit of 70% of CDBG funds is used to benefit
persons of low and moderate income. Specify the years covered that
include this Annual Action Plan. 100.00%
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HOME Investment Partnership Program (HOME) 24 CFR 91.220(l)(2)
A description of other forms of investment being used beyond those identified in
Section 92.205 is as follows:
The City will not employ other forms of investment beyond those identified in Section 92.205.
A description of the guidelines that will be used for resale or recapture of HOME funds
when used for homebuyer activities as required in 92.254, is as follows:
For HOME-funded homebuyer assistance loans, the Promissory Note, Deed of Trust, and
Homebuyer Agreement are the enforcement mechanisms for the city's resale and recapture
provisions. The City will use the recapture provisions in all cases where a homebuyer subsidy
exists. The City will enforce the minimum periods of affordability based on the amount of
homebuyer subsidy provided to the buyer:
● Five years for less than $15,000
● Ten years for between $15,000-$40,000, and
● Fifteen years for more than $40,000.
Recapture provisions are based on 24 CFR 92.254 (a) (5) (ii), which stipulates the conditions
for recapture of the HOME investment used to assist low income families in purchasing a
home. Homebuyer recapture provisions are included in, or as a deed restriction rider, to the
recorded deed of trust that secures a HOME loan Note, and requires recapture of funds if the
home does not continue to be the borrower’s principal residence or if all or any part of the
property or any interest in it is sold, rented, conveyed or transferred during the duration of the
period of affordability. Recapture provisions also stipulate that only the direct subsidy to the
homebuyer is subject to recapture, which includes down payment assistance, closing cost,
other home assistance provided directly to homebuyer, and the difference between fair market
value and the sales price.
The net proceeds are the sale price minus the senior loan repayment (other than HOME funds)
and any closing costs. If the net proceeds are not sufficient to recapture the full HOME
investment plus enable the homeowner to recover the amount of the homeowner’s down
payment and any capital improvement investment made by the owner since the purchase, the
City may share the net proceeds. The net proceeds may be divided proportionally between the
City and the homeowner as set forth in the following mathematical formulas:
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HOME subsidy x Net proceeds = HOME amount to be recaptured
HOME subsidy + homeowner investment
Homeowner investment x Net proceeds = amount to homeowner
HOME subsidy + homeowner investment
In the event of foreclosure, the amount subject to recapture is based on the amount of net
proceeds (if any) from the foreclosure sale.
Plans for using HOME funds to refinance existing debt secured by multifamily housing
that is rehabilitated with HOME funds along with a description of the refinancing
guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The City does not refinance existing debt for multifamily housing projects.
For the HOME program, describe eligible applicants, your process for soliciting and
funding applications/proposals, and where information can be obtained. Does the city
plan to limit the beneficiaries or give preferences to a particular segment of the low-
income population in its HOME program, and if so, provide a description of the
limitation or preference.
The City issued a NOFA for affordable housing developers as part of the planning process.
Additional details can be found on the City’s website below. A portion of these funds will be
reserved for qualified Community Housing Development Organizations (CHDOs).
https://www.fresno.gov/darm/housing-community-development/
The TBRA program will be administered by the Fresno Housing Authority and will be targeted
to homeless households as outlined in the Status Update of the City and County of Fresno 10-
Year Plan to End Chronic Homelessness. Interested parties apply in person at the Fresno
Housing Authority on 1331 Fulton Mall, Monday through Thursday between the hours of 8:00
am and 4:00 pm. An assessment and case management assignments are made in order to
determine the level of assistance and program determination.
Any HOME-funded rehabilitation programs will be administered by the City’s DARM
Department. This program will not have any preferences, but homeowners must meet the
income criteria and other program guidelines. Applications will also be available on the City’s
website at https://www.fresno.gov/darm/housing-community-development/. The City will
conduct outreach when the application process is made available, and establish a contact list
of interested applicants prescreened for eligibility, and contacted on a first-come, first-served
basis.
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Emergency Solutions Grant (ESG) 91.220(l)(4)
Include written standards for providing ESG assistance (may include as attachment)
The City and County administrations have jointly adopted ESG Policies and Procedures
(PPGs) for ESG providers. The City will continue to work cooperatively with Fresno County
and the Fresno Madera Continuum of Care (FMCoC) to update the ESG Policies and
Procedures. A copy of the current document is included in Exhibit C. In addition, the City,
County and FMCoC are also working to document written standards.
If the Continuum of Care has established centralized or coordinated assessment system
that meets HUD requirements, describe that centralized or coordinated assessment
system.
The Homeless Management Information System (HMIS) is used by all local homeless
providers participating in the FMCoC. HMIS is a database used to track performance and
outcomes for the agencies. As the HMIS Lead of the FMCoC, the Fresno Housing Authority
plays a critical role in coordinating the annual Pint-in-Time Count (PITC), collecting data, and
distributing results from the annual count. The work of the Housing Authority in this regard
meets and exceeds HUD requirements for the implementation and compliance of Homeless
Management Information System Standards.
The FMCoC’s Coordinated Entry System utilizes a common assessment tool – the
Vulnerability Index (VI). The VI gave the community a way to identify and triage individuals
most at risk. The VI was enhanced to the Vulnerability Index Service Prioritization Decision
Assistance Tool (VI-SPDAT), which further triaged individual’s priority for housing and other
services.
All member agencies of the FMCoC have committed to using both the assessment tool and the
Coordinated Entry System managed in partnership by FMCoC members. The assessment
system is a client-centered process that streamlines access to the most appropriate housing
interventions for individual or families experiencing homelessness.
The Multi-Agency Access Program (MAP) Point at the Poverello House (Pov) was the first
coordinated physical entry point collectively developed by the Community Conversations
stakeholder group. The MAP Pont at the Pov served as a physical location of the Coordinated
Entry System. The program has proved successful in its first two years and has begun
expansion. Main components of this process include:
1. Assessment,
2. Navigation and Case Conferencing,
3. Housing Referral with Choice, and
4. Data Collection and Communication.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
67
Identify the process for making sub-awards and describe how the ESG allocation
available to private nonprofit organizations (including community and faith-based
organizations).
The City of Fresno issued a Request for Proposals for the 2018-2019 program year. Prior to
this release, the City consulted with the FMCoC on the needs of homeless in the community
and the best use of ESG funds per category. Within the HUD defined homeless categories,
the City of Fresno has determined the following sub-populations are a high priority for ESG
services:
● Unsheltered homeless persons who are living outdoors or in other places not intended for
human habitation;
● Chronically homeless persons;
● Homeless veterans; and
● Other homeless persons who have been identified as highly vulnerable.
In addition, the following populations are also a priority for ESG services in the City of Fresno:
● Unaccompanied youth under the age of 18;
● Youth aging out of the foster care system;
● Victims of domestic violence; and
● Households with children.
Proposals that propose to serve these populations will be given additional points in the scoring
process. Proposals providing ESG services to populations outside of the identified high priority
population will be considered for funding.
Bidders may propose to provide all or a portion of the ESG eligible activities stated above.
Qualified/eligible vendor(s) are those agencies that are State certified non-profit entities, validly
existing in California, with a tax-exempt IRS determination letter, as of the date the bid is
submitted, or public agencies that are qualified to receive ESG funds under applicable federal
rules. Qualified/eligible vendors are those that have a minimum of two years’ experience
serving the beneficiary populations and a minimum of two years’ experience utilizing federal,
state and/or local funding.
The RFP was published on the City’s website, and widely distributed to an electronic
distribution list of over 500 e-mail addresses. A joint review committee reviews applications,
and may include the City, County, and FMCoC representatives which rate and rank the
proposals. Recommendations for funding are presented to the Housing and Community
Development Commission and to the Fresno City Council for adoption.
City of Fresno PY 2018 Annual Action Plan – Revised DRAFT
68
If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR
576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with
homeless or formerly homeless individuals in considering policies and funding
decisions regarding facilities and services funded under ESG.
During the development of the Consolidated Plan, the City consulted with the FMCoC in
making decisions related to ESG funds for the five year cycle. The FMCoC includes
representation from the homeless community, which meet the homeless participation
requirement in 24 CFR 576.405(a).
Describe performance standards for evaluating ESG.
The following performance standards are outlined in the City’s adopted written policies,
however, updates to the standards are currently under way:
1. Decrease the number of homeless youth and households with children by 10% from the
FMCoC Point in Time Count of January 2016.
2. Increase the percentage of participants in transitional housing that move into permanent
housing to 80% or more.
3. Increase the percentage of participants that are employed at program exit to 25% or
more.
City of Fresno PY 2018 Annual Action Plan – DRAFT
Appendix A: Summary of Public Comments Received and City Response
HCDC Needs Hearing–January 24, 2018
Housing and Community Development Commission (HCDC) Meeting
Public Comments Received
Upon call for public comment, the following people addressed the HCDC:
1. Susana Rodriguez with Caregiver Emergency Intervention Program: Ms. Rodriguez is
an education development coordinator for the Valley Resource Center and there is a
growing need within Fresno County. 147,000 family caregivers in Fresno County and
many are unpaid; they are experiencing a burden that often times leads to a 63%
high mortality rate. Many caregivers have to lose or give up employment. Valley
Resource Center’s goal is to provide advocacy services for those who intend to keep
their family in the home. Vice Chair Hardie asked that Ms. Rodriguez explain the
differences between services offered by Valley Resource Center and the IHSS
program at Fresno County. Ms. Rodriguez clarified the differences and indicated that
the County program requires patients to qualify for IHSS by being eligible for Medical;
so many others do not qualify for the County program. Mr. Omar Gonzalez, resident
in the Jefferson East Neighborhood, indicated that he runs an afterschool program
out of his home. Mr. Gonzalez would like the City to address safety issues, such as
street lights and sidewalks. He indicated that kids are walking in the dirt and mud or
in the street on their way home from school; they need better lighting and sidewalks
to help keep them safe.
2. Catherine Luna Rodriguez with the Department of Social Services: Ms. Rodriguez
works for El Fuente, but is attending as a citizen to voice concerns for homeless
families. She would like to see more collaboration within the different services such
as Social Security and the Housing Authority. All our populations of homeless need
help with convictions, credit barriers, evictions, single parents, foster children aging
out.
3. Ivana Muldrew with Fresno Housing Authority at Emergency Housing: Ms. Muldrew is
speaking as a private citizen, one who has a special interest with the homeless
population decreasing. She will provide the City of Fresno with a proposal for
homelessness prevention rapid rehousing assistance and diversion to temporarily
assist the stabilization services individuals and families living on the streets or in
emergency shelters obtain permanent housing. Ms. Muldrew spoke about the
assistance that would be provided to households in transition or at risk of becoming
homeless due to eviction, displacement and or transitioning. She also spoke of the
importance of diversion activities to minimize individuals needing HUD assistance
and the need to assist termed out teens that are coming out of the foster care system
and are at eminent risk for homelessness. The application will include services for
people living in places not meant for human habitation, emergency housing or
shelters, transitional housing, people who lack resources, people who are losing their
primary night time residence, matching funds, termed out teens and families with
children. Ms. Muldrew would like to see assistance in homelessness prevention, rapid
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
rehousing, and diversion. She would like to see financial assistance provided for rent,
utilities, and match fund assistance. One of the main component services would be
case management it will a cornerstone to divert homelessness via initial assessments
and will allow for the ability to monitor, evaluate, provide credit repair, budget money
management and in partnering with DSS, Housing Authority, and other agencies to
work collectively to achieve this goal.
4. Karen Rivas: Ms. Rivas spoke on behalf residents near Columbia Elementary School.
She would like to see the Fink White kiddie pool area to include a splash pad for the
children of the neighborhood. This would benefit the children, families and the
churches and school in the area. It would also be in alignment with the Parks Master
Plan and other plans.
5. Yolanda Valeute: Ms. Valeute is also from the Columbia area and wanted to include
that the parks need a lot of work and sometimes the children have to attend another
park far away. It would be best for the neighborhood children to be able to attend
Find White and she supports comments made by Ms. Rivas.
6. Jessica Curia: Ms. Curia is from the Hidalgo Neighborhood and is thankful for work
being conducted on the sidewalks. She mentioned Bond Street also needs sidewalks
that the work being done is a small box in Hidalgo and she would like to see more
sidewalks outside of the little box, specifically on Bond Street.
7. Marcos Chapa: Mr. Chappa is from the Hidalgo neighborhood and reported that cars
in the area go by too fast and the kids need sidewalks so they are not walking on the
street. Mr. Chapa recalled a mishap that involved a child being run over. He also
mentioned that Bond Street should have sidewalks.
8. Jason Spencer: Mr. Spencer indicated that he works in Columbia and is a pastor at a
Southwest Fresno Church and coaches at Columbia also. He would like to see Fink
White Park with a safe zone and a splash pad in the area. He believes that the Boys
and Girls Club as well as the Housing Authority Sequoia Courts children would
benefit also.
9. Kyle Guess: Mr. Guess and his daughter are from the King Neighborhood and would
like a see the pocket park at Tupman and California benefit from improvements such
as playground equipment. He spoke about the need for a fence around the park that
will keep the children safe. Enhancements would go a long way to build community
and would be supportive of the Southwest Specific Plan.
10. Troy McComas: Mr. McComas is a pastor at New City Church serving the King and
Kirk neighborhoods. He is supporting comments to see a park in the area. Mr.
McComas has observed kids hopping the elementary school fending to gain access
to a safe place to play. Please allocate funds to see the parks renovated.
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
11. Gaina Flores: Ms. Flores is a pastor at St. Paul Church and present to advocate for
the pocket park and enhancement of the park. It is dangerous because of no fencing
and does not have any play equipment, just two benches and a BBQ pit. The pocket
park is underutilized and is not safe for the families. Please consider doing work at
the King pocket park.
12. Kristina Chamberlin, City of Fresno PARC's Department: Ms. Chamberlain thanked
the HCDC for past support of the Department’s two programs that received CDBG
funds, Senior Hot Meals and the After School Program. The PARCs Department has
engaged the community through the City of Fresno’s Parks Master Plan which affirms
many of the needs within our community. Ms. Chamberlin indicated that the Parks
Master Plan outlines approximately $112 million in needs.
13. Lucianna Ventresca with the Marjaree Mason Center: Ms. Ventresca indicated the
Marjaree Mason Center has lost funding for 16 beds. She also reported that the
highest number of homeless on the streets were families who were affected by
domestic violence. Ms. Ventresca is concerned about the amount of funds available
through the Emergency Solutions Grant, and shared concerns with the wording that
is on the Exhibit B for homeless services stating that the priority is it to provide
assistance to homeless and those at risk of becoming homeless through housing first
efforts. Ms. Ventresca is not sure what those are and she does not know if that is a
limiting factor on her application Housing First is a permanent housing component not
an emergency solutions component, but without that wording it works. Housing first
does not always apply to domestic violence victims.
14. Karen Stoffers-Pugh with Wesley United Method Church: Ms. Stoffers-Pugh is a
pastor at Wesley in the El Dorado Neighborhood and is speaking to the need for the
Boys and Girls Club to have a new facility that allows for separation of the youth and
teenager programming. Wesley Church is willing to provide space on their campus
and still desires to partner with the City of Fresno and the Boys and Girls Club.
15. Brant John-Michael Williams: Mr. Williams is founding a new organization for land to
donate to the Regents. He is a candidate for the congressional district and lives in
Visalia. Mr. Williams asked the HCDC to provide him with five items he should focus
on since Fresno is in his constituency. Chair Fiske let him know that the public
comments being made are in fact the concerns of the public in this area, she invites
him to stay and listen. Mr. Williams requested the HCDC provide him with a list, as he
was unable to stay due to prior commitments.
16. Nicholas Martinez: Mr. Martinez focused on neighborhood infrastructure. As a
Dominoes employee he is in his car a lot and explained the consequences of neglect
on the neighborhood streets. Examples of infrastructure that needs to be addressed
include Hughes Avenue south of Shaw and north of Emerson. Mr. Martinez
discussed pot holes with poor patch work, and insufficient lighting in this area of high
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
traffic. Another area was west of Hughes and Hazel Avenue, south of Rialto, and
west of Holland by Valentine and Ashlan. The same neglect issues were reported
and Mr. Martinez stressed that these streets need to be fixed, not just have a band
aid put on them. The area of Polk and Fairmont, south of Shaw is one of the worst.
17. Michealynn Lewis: Ms. Lewis spoke in support of Mr. Guess and the need to improve
the pocket park in the King area. She is a co-leader with Action and Change in the
Kirk neighborhood and lives south of Church Avenue between Jensen and Elm and
church and the 41 freeway. Last spring a friend and she drove that neighborhood and
found 75 code violations. She recalled a home with two full grown horses in the front
yard and requested more funding for Code Enforcement and the Neighborhood
Revitalization Team to canvas neighborhoods better and collect fines.
18. Alvin Covington: Mr. Covington is a single parent who has been homeless, lived in
temporary housing and has experience related to difficulties finding a home given bad
credit and a conviction. He is a hardworking parent but had some bad circumstances
in his past, and needs the extra assistance offered to others. Mr. Covington spoke of
the challenges for a single parent, and shared that being separated from his child is
not ideal. He spoke of assistance needed for the homeless and for single parents and
shelters for single parents that allow parents to stay with their children.
19. Kyle Jeffcoach with the PARCs Department: Mr. Jeffcoach spoke about the ten sites
that the Afterschool Program is offered in. They range from 1,500-4,000 square feet
and are open Monday through Friday from 3-7 pm, and 3-8 pm for sites with a
gymnasium. There are four sites open on Saturday's also. The average daily
attendance is 1,100 youth, plus approximately 600-800 attendees on the green space
outdoors. Program components include performing arts, family fun, team
empowerment, character development, games, healthy snacks, homework
assistance and more for youth between the ages of 5-17.
20. Shaun Schaefer with the PARCs Department: Mr. Schaefer spoke on behalf of the
seniors in the Senior Hot Meals Program, attending evening meetings is difficult for
that population. He stated that 600 seniors 62 and above utilize the program, and
receive approximately 30,000 meals through a partnership with the Fresno-Madera
Area Agency on Aging. He also participated in the Senior Citizens Task Force,
learning that 48% of seniors are single and 78% are living at poverty line and basic
needs level. The Senior Hot Meals programs offered at six sites, seniors are also
hired as coordinators. The program is leveraged with FMAAA and the City’s general
funds and focused on keeping seniors active. The have recreation programs and a
new veterans program where a van brings seniors to the Ted C Willis Center for
activities, meals and friendship.
21. Luis Miranda: Mr. Miranda spoke on behalf of the Highway City residents, and the
science center. He would like to see progress. He indicated that a lot of kids stop in at
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
the science enter and play basketball at the recreation center also. In the past there
have been homeless and drug issues but it is now moving in the right direction and
he would like to see the science program improved. Mr. Miranda indicated that many
didn’t have a ride to the hearing tonight, and that the neighborhood is blocked by
Shaw and 99, they depend on the community center a safe place for afterschool and
projects.
22. Julie Bounchareune: Youth Leadership Organizer for Women Empowered at Fresno
Barrios Unidos spoke on behalf of a youth group that consist of 26 females and
gender non-conforming youth ages 12-24 in south Fresno. She stated that youth
have worked hard to identify an issue that they are passionate about and developed
a campaign to improve the community that they live in. The youth group identified
that homelessness is an issue that they care about the most, and has impacted some
of the members directly. Women Empowered has met with Assembly Member Dr.
Joaquin Arambula and City Council President Esmeralda Soria to talk about the issue
of homelessness among women and children. Ms. Bounchareune asked that the
HCDC ensure allocations of HUD funding go to women and children by investing in
organizations that address the issues of homelessness among women and children
such as the Marjoree Mason Center and the EOC Youth Sanctuary. The EOC Youth
Sanctuary is the only emergency shelter from Stockton all the way to Kern County
and was shut down last year.
23. Kelly Foster Nelum: Ms. Nelum spoke in support of Ivana's proposal for
homelessness. She is attending as a private citizen, but also works at EDD and sees
a lot of transitional individuals and homelessness. Ms. Nelum recognized that
homelessness is an issue not only for veterans but also the elder community and
family members who came from other areas to care for their parents. Ms. Nelum
recalled an individual who came out of the bay area where she was working, making
a great living, and received a call from adult service to come to Fresno and care for
her ailing mother who was living in senior dwelling. The individual did not know about
criteria that visitors could only stay for 10 days with her mother. The individual who
had relocated to Fresno exhausted her FMLA and had to live at the Naomi House,
this was a devastating transition for her while she continued to leave every morning
to care for her mother with stage four breast cancer, and check into the Naomi House
by 5:00 to get a bed each night. Ms. Nelum discussed how they assisted this
individual who ultimately took a job and her mother away from Fresno. Ms. Nelum
also spoke on behalf of an individual that relocated to Fresno from the L.A. area and
found herself in similar circumstances after receiving a call from Adult Protective
Services that her father had dementia, lived alone, and was wandering the
neighborhood at night. This individual also put everything in a U-Haul and came to
care for her father. The individual didn’t allow her father to leave the house at 3:00
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
a.m. in his pajamas and barefoot, her father called 911. When the policeman, the
individual was given 10 minutes to leave the house with what she could carry. This
put her in the Naomi House as well. Ms. Nelum is hoping to formulate a housing
solution for when people to take care of their parents.
24. Kiah Tiftick: Attending to speak about homelessness. Ms. Tiftick relayed a memory of
about two years ago, when a distant cousin who was abandoned by his family at the
age of 20 because they assumed drug use. Her family worked with the cousin to find
a solution, he exhausted a 30 day stay at the Fresno Rescue Mission. He then spent
six weeks on the street while waiting for youth services at the Transitional Youth
Center. The process to be approved and to be accepted took Ms. Tiftick calling every
other day to make sure her cousin wasn’t forgotten, after the Transitional Living
Center shut down he was back on the streets it was clear at this time that there was
some mental illness throughout this process. Her cousin ended up receiving a bed at
Exodus for mental health reasons related to schizophrenia when they shuttled him
back, and dropped him off at the Fresno Rescue Mission. Ms. Tiftick is here to
convey that there is a huge homeless crisis in Fresno; it has been made clear by
many people speaking today for women and children and for men. Her cousin was
only blessed with the TLC program because he was youth had he been five years
older he wouldn’t have qualified. She asked that when allocating funds, consider that
emergency and permanent housing needs to be a priority for the City and the
community and it's not all drug related and that mental illness is also a contributing
factor.
25. Jackie Holmes: Ms. Holmes spoke on behalf of the El Dorado Park neighborhood,
specifically supporting the Boys and Girls Club. She has been active in that
neighborhood for about six years, and the neighbors call her the “Alley Lady”
because that is where thee open space is for young people to gather and play in El
Dorado Park. She stated that the area is all apartment complexes west of Fresno
State. In the Westley United Methodist Church parking lot is a double-wide trailer that
is the home to the Boys and Girls Club and it is an asset to the community. Ms.
Holmes supported her pastor who already spoke and explained that Ms. Holmes is
also President of the El Dorado Park Community Development Corporation. She
recognizes the asset that the Boys and Girls Club is, and the value they provide to
the neighborhood. It is a place where kids can come after school, it’s a place where
they can feel safe and connect with adults and services if needed. Ms. Holmes
shared a story about two brothers who she helped move five times while their mother
was becoming more involved in drugs. When the mother became homeless, they
went to another family member but stayed in the same schools and continued
attending the Boys and Girls Club and Every Neighborhood Partnership programs
every week. The boys have excelled in school, they are helpful in the neighborhood,
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
and they have really used the Boys and Girls Club as stability. The Boys and Girls
Club is not able to be maintained now its coming apart has aged out as a building it
has been repaired and repaired. Not only is a new building needed, but also more
room so that older and younger children can have separate space.
26. Paul Thomas Jackson with Fresno Homeless Advocates: This non-profit agency has
a Facebook group of about 500 residents and former residents who were affected by
homelessness. The crisis was analyzed around the country in 2012 by the Prosperity
Institute in Canada; the survey stated that the 3rd highest rate of homelessness was
in this city. The first was in Tampa, Florida, and the second was New Orleans. The
crisis faces us all, he asked Council to be creative and give themselves a raise
because meals are needed for this dialogue. Next speak to the County, talk with
other organizations. He indicated that homelessness is a crisis here and he wants to
underscore the three priorities which Ivana Muldrew spoke on earlier would require
re-prioritizing funding.
27. Dorley Nezbeth: Ms. Nezbeth talked about community outreach and a solution for
housing because she has a lot of property. She spoke about the importance of
citizens using their own money and the need for emergency housing, policy rule and
law. People are too low-income to have housing; she spoke specifically about rules
that you must have $1,200 in income. She guarantees that if income is used as
matching funds for housing we can get them housed, people do not want to be
enabled. She encouraged preparing people to work, write grants, and work with
existing entities.
28. Arthur Servin: Mr. Servin spoke of his idea for the homelessness, an actual zone or
piece of property that is purchased or owned that is considered or re-zoned as an
urban camping site. What the homeless are already doing in our city scattered
throughout the city we try to centralize in a parcel that is owned by the city that we
can then surround with trash services, porta potties, and eventually have a bathroom
with shower facilities on site. It is happening already, it’s illegal to camp in the city but
there is no other alternative for some. Parks are a great asset. This would be a first
step to get them somewhere instead of pushing them out to the fringe. Keep
reinvesting in these community centers and create more spaces to bring communities
together.
HCDC Needs Hearing–January 25, 2017
Housing and Community Development Commission (HCDC) Meeting
Housing and Community Development Commission Comments Received
Upon call for Commissioner comments and questions, the following Commissioners
spoke:
1. Commissioner Yang stated that he is looking forward to hearing more about creative
ideas that have been brought up for homelessness solutions. Chair Fisk indicated
that she is also encouraged to see professionals who work with this population
speak, and appreciates that they have shared where they work even though they
come as private citizens. Their expertise based on their professions is appreciated
and she is looking forward to seeing proposals.
2. Commissioner Falke thanked the audience for coming and speaking at the Public
Needs Hearing. He stated that the HCDC is committed to do the very best job
possible, and that the Commissioner’s represent fellow community members.
3. Commissioner Harutyunyan added that it was a wonderful evening because the
HCDC had the opportunity to hear from the public. And, as a commissioner, she
encouraged individuals to continue speaking at public meetings and sharing their
opinions so that decision makers have the benefit of understanding the needs of the
community.
4. Chair Fiske thanked the City of Fresno Neighborhood Revitalization Team, and staff.
Based on the stories of the targeted areas she is aware of the hard work building
resident capacity through community workshops, and explaining how the funding is
granted and how to apply for funding. Chair Fiske recognized that the community
coming together about priorities, and finding creative ways to meet the needs is an
important element.
Miscellaneous Letters Received-January 2018
1. Fresno Metro Ministry – Keith Bergthold
2. Fresno Economic Opportunities Commission – Brian Angus
HCDC Public Hearing–March 14, 2018
Housing and Community Development Commission (HCDC) Meeting
Public Comments Received
Upon call for public presentations and comment, the following people addressed the
HCDC:
Facility Improvements: A total of five presentations were made in the category of
facility improvements. Presenters are listed in the order in which they provided a verbal
summary of their application for funding submitted by the March 1, 2018, deadline.
1. Laneesha Senagal with Helping Others Pursue Excellence
2. Nicole Lender with Marjaree Mason Center
3. Sara Mirhadi with Poverello House
4. Rose Caglia with Warnors Theater
5. Lynn Pimentel with WestCare California
Home Repair: A total of three presentations were made in the category of home repair.
Presenters are listed in the order in which they provided a verbal summary of their
application for funding submitted by the March 1, 2018, deadline.
6. Vong Mouanoutoua with Fresno Economic Opportunities Commission
7. Jerry Zuniga with Habitat for Humanity
8. Susan Long with Self Help Enterprises
Homeless/Homelessness Prevention: A total of six presentations were made in the
category of homeless and homelessness prevention. Presenters are listed in the order
in which they provided a verbal summary of their application for funding submitted by the
March 1, 2018, deadline.
9. Misty Gattie-Blanco with Fresno Economic Opportunities Commission
(ESG Funds)
10. Doreen Eley with Fresno Housing Authority (HOME TBRA Funds)
11. Nicole Lender with Marjaree Mason Center (ESG Funds)
12. Sara Mirhadi with Poverello House (ESG Funds)
13. Mary Ann Calderon Knoy with WestCare (ESG Funds)
14. Lynn Pimentel with WestCare - The Living Room (HOPWA Funds)
H. Spees, Strategic Initiatives Director for Mayor Lee Brand:
15. Mr. Spees thanked the HCDC and presenters on behalf himself and Mayor
Brand. Mr. Spees expressed appreciation for the many organizations
coming together to fight homelessness. Seeing those resources multiplied
HCDC Public Hearing–March 14, 2018
Public Comments Received (Continued)
and then aligned so that they are part of a system not just random acts of
charity, but to see hospitals, businesses, philanthropies, and faith-based
organizations come together in alignment so that resources really do get
targeted in a way that rapidly reduces homelessness is positive. He went
on to state that Fresno has the best track record out of the west coast cities
when it comes to reducing homelessness over the last 10 years. However,
he takes no consolation in that because we still have about 1700 people
out on the streets and that is unacceptable. Mr. Spees informed the HCDC
and the public that Mayor Brand is very committed to the efforts to reduce
homelessness and recently joined with the Mayors of the eleven largest
cities in California in a bipartisan effort to ask the state to fund $1.5 billion
in additional resources for homelessness, this effort could generate as
much as $20 million dollars for Fresno. Mr. Spees continued to inform the
HCDC that the Mayor’s Office has also engaged one of the nation’s
foremost experts on homelessness, Barbara Poppe. Ms. Poppe is the
former executive director of the U.S. Interagency Council on Homelessness
and she is an expert on best practices from coast to coast. She has been
engaged with the help of the Housing Authority. At the invitation of Mayor
Brand, Ms. Poppe has specifically evaluated Fresno and will provide
recommendations based on best practices and options for addressing
homelessness even more effectively in our city. The Mayor’s Office will
continue to provide updates as that process is currently under way.
Public Services: A total of five presentations were made in the category of public
services. Presenters are listed in the order in which they provided a verbal summary of
their application for funding submitted by the March 1, 2018, deadline.
16. Diane Carbray with Boys and Girls Club
17. Veronica Wilson with Fresno Economic Opportunities Commission
18. Laneesha Senagal with Helping Others Pursue Excellence
19. Esther Delahay with Lowell Community Development Corporation
(Capacity Building)
20. Esther Delahay with Lowell Community Development Corporation (Tenant
Education)
Upon call for additional public comment, there was none. Chair Fiske closed the Public
Hearing at 8:01 p.m.
City of Fresno PY 2018 Annual Action Plan – DRAFT
Appendix B: Public Notices
HCDC Needs Hearing–January 24, 2018
Housing and Community Development Commission (HCDC) Meeting
Public Comments Received
Upon call for public comment, the following people addressed the HCDC:
1. Susana Rodriguez with Caregiver Emergency Intervention Program: Ms. Rodriguez is
an education development coordinator for the Valley Resource Center and there is a
growing need within Fresno County. 147,000 family caregivers in Fresno County and
many are unpaid; they are experiencing a burden that often times leads to a 63%
high mortality rate. Many caregivers have to lose or give up employment. Valley
Resource Center’s goal is to provide advocacy services for those who intend to keep
their family in the home. Vice Chair Hardie asked that Ms. Rodriguez explain the
differences between services offered by Valley Resource Center and the IHSS
program at Fresno County. Ms. Rodriguez clarified the differences and indicated that
the County program requires patients to qualify for IHSS by being eligible for Medical;
so many others do not qualify for the County program. Mr. Omar Gonzalez, resident
in the Jefferson East Neighborhood, indicated that he runs an afterschool program
out of his home. Mr. Gonzalez would like the City to address safety issues, such as
street lights and sidewalks. He indicated that kids are walking in the dirt and mud or
in the street on their way home from school; they need better lighting and sidewalks
to help keep them safe.
2. Catherine Luna Rodriguez with the Department of Social Services: Ms. Rodriguez
works for El Fuente, but is attending as a citizen to voice concerns for homeless
families. She would like to see more collaboration within the different services such
as Social Security and the Housing Authority. All our populations of homeless need
help with convictions, credit barriers, evictions, single parents, foster children aging
out.
3. Ivana Muldrew with Fresno Housing Authority at Emergency Housing: Ms. Muldrew is
speaking as a private citizen, one who has a special interest with the homeless
population decreasing. She will provide the City of Fresno with a proposal for
homelessness prevention rapid rehousing assistance and diversion to temporarily
assist the stabilization services individuals and families living on the streets or in
emergency shelters obtain permanent housing. Ms. Muldrew spoke about the
assistance that would be provided to households in transition or at risk of becoming
homeless due to eviction, displacement and or transitioning. She also spoke of the
importance of diversion activities to minimize individuals needing HUD assistance
and the need to assist termed out teens that are coming out of the foster care system
and are at eminent risk for homelessness. The application will include services for
people living in places not meant for human habitation, emergency housing or
shelters, transitional housing, people who lack resources, people who are losing their
primary night time residence, matching funds, termed out teens and families with
children. Ms. Muldrew would like to see assistance in homelessness prevention, rapid
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
rehousing, and diversion. She would like to see financial assistance provided for rent,
utilities, and match fund assistance. One of the main component services would be
case management it will a cornerstone to divert homelessness via initial assessments
and will allow for the ability to monitor, evaluate, provide credit repair, budget money
management and in partnering with DSS, Housing Authority, and other agencies to
work collectively to achieve this goal.
4. Karen Rivas: Ms. Rivas spoke on behalf residents near Columbia Elementary School.
She would like to see the Fink White kiddie pool area to include a splash pad for the
children of the neighborhood. This would benefit the children, families and the
churches and school in the area. It would also be in alignment with the Parks Master
Plan and other plans.
5. Yolanda Valeute: Ms. Valeute is also from the Columbia area and wanted to include
that the parks need a lot of work and sometimes the children have to attend another
park far away. It would be best for the neighborhood children to be able to attend
Find White and she supports comments made by Ms. Rivas.
6. Jessica Curia: Ms. Curia is from the Hidalgo Neighborhood and is thankful for work
being conducted on the sidewalks. She mentioned Bond Street also needs sidewalks
that the work being done is a small box in Hidalgo and she would like to see more
sidewalks outside of the little box, specifically on Bond Street.
7. Marcos Chapa: Mr. Chappa is from the Hidalgo neighborhood and reported that cars
in the area go by too fast and the kids need sidewalks so they are not walking on the
street. Mr. Chapa recalled a mishap that involved a child being run over. He also
mentioned that Bond Street should have sidewalks.
8. Jason Spencer: Mr. Spencer indicated that he works in Columbia and is a pastor at a
Southwest Fresno Church and coaches at Columbia also. He would like to see Fink
White Park with a safe zone and a splash pad in the area. He believes that the Boys
and Girls Club as well as the Housing Authority Sequoia Courts children would
benefit also.
9. Kyle Guess: Mr. Guess and his daughter are from the King Neighborhood and would
like a see the pocket park at Tupman and California benefit from improvements such
as playground equipment. He spoke about the need for a fence around the park that
will keep the children safe. Enhancements would go a long way to build community
and would be supportive of the Southwest Specific Plan.
10. Troy McComas: Mr. McComas is a pastor at New City Church serving the King and
Kirk neighborhoods. He is supporting comments to see a park in the area. Mr.
McComas has observed kids hopping the elementary school fending to gain access
to a safe place to play. Please allocate funds to see the parks renovated.
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
11. Gaina Flores: Ms. Flores is a pastor at St. Paul Church and present to advocate for
the pocket park and enhancement of the park. It is dangerous because of no fencing
and does not have any play equipment, just two benches and a BBQ pit. The pocket
park is underutilized and is not safe for the families. Please consider doing work at
the King pocket park.
12. Kristina Chamberlin, City of Fresno PARC's Department: Ms. Chamberlain thanked
the HCDC for past support of the Department’s two programs that received CDBG
funds, Senior Hot Meals and the After School Program. The PARCs Department has
engaged the community through the City of Fresno’s Parks Master Plan which affirms
many of the needs within our community. Ms. Chamberlin indicated that the Parks
Master Plan outlines approximately $112 million in needs.
13. Lucianna Ventresca with the Marjaree Mason Center: Ms. Ventresca indicated the
Marjaree Mason Center has lost funding for 16 beds. She also reported that the
highest number of homeless on the streets were families who were affected by
domestic violence. Ms. Ventresca is concerned about the amount of funds available
through the Emergency Solutions Grant, and shared concerns with the wording that
is on the Exhibit B for homeless services stating that the priority is it to provide
assistance to homeless and those at risk of becoming homeless through housing first
efforts. Ms. Ventresca is not sure what those are and she does not know if that is a
limiting factor on her application Housing First is a permanent housing component not
an emergency solutions component, but without that wording it works. Housing first
does not always apply to domestic violence victims.
14. Karen Stoffers-Pugh with Wesley United Method Church: Ms. Stoffers-Pugh is a
pastor at Wesley in the El Dorado Neighborhood and is speaking to the need for the
Boys and Girls Club to have a new facility that allows for separation of the youth and
teenager programming. Wesley Church is willing to provide space on their campus
and still desires to partner with the City of Fresno and the Boys and Girls Club.
15. Brant John-Michael Williams: Mr. Williams is founding a new organization for land to
donate to the Regents. He is a candidate for the congressional district and lives in
Visalia. Mr. Williams asked the HCDC to provide him with five items he should focus
on since Fresno is in his constituency. Chair Fiske let him know that the public
comments being made are in fact the concerns of the public in this area, she invites
him to stay and listen. Mr. Williams requested the HCDC provide him with a list, as he
was unable to stay due to prior commitments.
16. Nicholas Martinez: Mr. Martinez focused on neighborhood infrastructure. As a
Dominoes employee he is in his car a lot and explained the consequences of neglect
on the neighborhood streets. Examples of infrastructure that needs to be addressed
include Hughes Avenue south of Shaw and north of Emerson. Mr. Martinez
discussed pot holes with poor patch work, and insufficient lighting in this area of high
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
traffic. Another area was west of Hughes and Hazel Avenue, south of Rialto, and
west of Holland by Valentine and Ashlan. The same neglect issues were reported
and Mr. Martinez stressed that these streets need to be fixed, not just have a band
aid put on them. The area of Polk and Fairmont, south of Shaw is one of the worst.
17. Michealynn Lewis: Ms. Lewis spoke in support of Mr. Guess and the need to improve
the pocket park in the King area. She is a co-leader with Action and Change in the
Kirk neighborhood and lives south of Church Avenue between Jensen and Elm and
church and the 41 freeway. Last spring a friend and she drove that neighborhood and
found 75 code violations. She recalled a home with two full grown horses in the front
yard and requested more funding for Code Enforcement and the Neighborhood
Revitalization Team to canvas neighborhoods better and collect fines.
18. Alvin Covington: Mr. Covington is a single parent who has been homeless, lived in
temporary housing and has experience related to difficulties finding a home given bad
credit and a conviction. He is a hardworking parent but had some bad circumstances
in his past, and needs the extra assistance offered to others. Mr. Covington spoke of
the challenges for a single parent, and shared that being separated from his child is
not ideal. He spoke of assistance needed for the homeless and for single parents and
shelters for single parents that allow parents to stay with their children.
19. Kyle Jeffcoach with the PARCs Department: Mr. Jeffcoach spoke about the ten sites
that the Afterschool Program is offered in. They range from 1,500-4,000 square feet
and are open Monday through Friday from 3-7 pm, and 3-8 pm for sites with a
gymnasium. There are four sites open on Saturday's also. The average daily
attendance is 1,100 youth, plus approximately 600-800 attendees on the green space
outdoors. Program components include performing arts, family fun, team
empowerment, character development, games, healthy snacks, homework
assistance and more for youth between the ages of 5-17.
20. Shaun Schaefer with the PARCs Department: Mr. Schaefer spoke on behalf of the
seniors in the Senior Hot Meals Program, attending evening meetings is difficult for
that population. He stated that 600 seniors 62 and above utilize the program, and
receive approximately 30,000 meals through a partnership with the Fresno-Madera
Area Agency on Aging. He also participated in the Senior Citizens Task Force,
learning that 48% of seniors are single and 78% are living at poverty line and basic
needs level. The Senior Hot Meals programs offered at six sites, seniors are also
hired as coordinators. The program is leveraged with FMAAA and the City’s general
funds and focused on keeping seniors active. The have recreation programs and a
new veterans program where a van brings seniors to the Ted C Willis Center for
activities, meals and friendship.
21. Luis Miranda: Mr. Miranda spoke on behalf of the Highway City residents, and the
science center. He would like to see progress. He indicated that a lot of kids stop in at
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
the science enter and play basketball at the recreation center also. In the past there
have been homeless and drug issues but it is now moving in the right direction and
he would like to see the science program improved. Mr. Miranda indicated that many
didn’t have a ride to the hearing tonight, and that the neighborhood is blocked by
Shaw and 99, they depend on the community center a safe place for afterschool and
projects.
22. Julie Bounchareune: Youth Leadership Organizer for Women Empowered at Fresno
Barrios Unidos spoke on behalf of a youth group that consist of 26 females and
gender non-conforming youth ages 12-24 in south Fresno. She stated that youth
have worked hard to identify an issue that they are passionate about and developed
a campaign to improve the community that they live in. The youth group identified
that homelessness is an issue that they care about the most, and has impacted some
of the members directly. Women Empowered has met with Assembly Member Dr.
Joaquin Arambula and City Council President Esmeralda Soria to talk about the issue
of homelessness among women and children. Ms. Bounchareune asked that the
HCDC ensure allocations of HUD funding go to women and children by investing in
organizations that address the issues of homelessness among women and children
such as the Marjoree Mason Center and the EOC Youth Sanctuary. The EOC Youth
Sanctuary is the only emergency shelter from Stockton all the way to Kern County
and was shut down last year.
23. Kelly Foster Nelum: Ms. Nelum spoke in support of Ivana's proposal for
homelessness. She is attending as a private citizen, but also works at EDD and sees
a lot of transitional individuals and homelessness. Ms. Nelum recognized that
homelessness is an issue not only for veterans but also the elder community and
family members who came from other areas to care for their parents. Ms. Nelum
recalled an individual who came out of the bay area where she was working, making
a great living, and received a call from adult service to come to Fresno and care for
her ailing mother who was living in senior dwelling. The individual did not know about
criteria that visitors could only stay for 10 days with her mother. The individual who
had relocated to Fresno exhausted her FMLA and had to live at the Naomi House,
this was a devastating transition for her while she continued to leave every morning
to care for her mother with stage four breast cancer, and check into the Naomi House
by 5:00 to get a bed each night. Ms. Nelum discussed how they assisted this
individual who ultimately took a job and her mother away from Fresno. Ms. Nelum
also spoke on behalf of an individual that relocated to Fresno from the L.A. area and
found herself in similar circumstances after receiving a call from Adult Protective
Services that her father had dementia, lived alone, and was wandering the
neighborhood at night. This individual also put everything in a U-Haul and came to
care for her father. The individual didn’t allow her father to leave the house at 3:00
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
a.m. in his pajamas and barefoot, her father called 911. When the policeman, the
individual was given 10 minutes to leave the house with what she could carry. This
put her in the Naomi House as well. Ms. Nelum is hoping to formulate a housing
solution for when people to take care of their parents.
24. Kiah Tiftick: Attending to speak about homelessness. Ms. Tiftick relayed a memory of
about two years ago, when a distant cousin who was abandoned by his family at the
age of 20 because they assumed drug use. Her family worked with the cousin to find
a solution, he exhausted a 30 day stay at the Fresno Rescue Mission. He then spent
six weeks on the street while waiting for youth services at the Transitional Youth
Center. The process to be approved and to be accepted took Ms. Tiftick calling every
other day to make sure her cousin wasn’t forgotten, after the Transitional Living
Center shut down he was back on the streets it was clear at this time that there was
some mental illness throughout this process. Her cousin ended up receiving a bed at
Exodus for mental health reasons related to schizophrenia when they shuttled him
back, and dropped him off at the Fresno Rescue Mission. Ms. Tiftick is here to
convey that there is a huge homeless crisis in Fresno; it has been made clear by
many people speaking today for women and children and for men. Her cousin was
only blessed with the TLC program because he was youth had he been five years
older he wouldn’t have qualified. She asked that when allocating funds, consider that
emergency and permanent housing needs to be a priority for the City and the
community and it's not all drug related and that mental illness is also a contributing
factor.
25. Jackie Holmes: Ms. Holmes spoke on behalf of the El Dorado Park neighborhood,
specifically supporting the Boys and Girls Club. She has been active in that
neighborhood for about six years, and the neighbors call her the “Alley Lady”
because that is where thee open space is for young people to gather and play in El
Dorado Park. She stated that the area is all apartment complexes west of Fresno
State. In the Westley United Methodist Church parking lot is a double-wide trailer that
is the home to the Boys and Girls Club and it is an asset to the community. Ms.
Holmes supported her pastor who already spoke and explained that Ms. Holmes is
also President of the El Dorado Park Community Development Corporation. She
recognizes the asset that the Boys and Girls Club is, and the value they provide to
the neighborhood. It is a place where kids can come after school, it’s a place where
they can feel safe and connect with adults and services if needed. Ms. Holmes
shared a story about two brothers who she helped move five times while their mother
was becoming more involved in drugs. When the mother became homeless, they
went to another family member but stayed in the same schools and continued
attending the Boys and Girls Club and Every Neighborhood Partnership programs
every week. The boys have excelled in school, they are helpful in the neighborhood,
HCDC Needs Hearing–January 24, 2018
Public Comments Received (Continued)
and they have really used the Boys and Girls Club as stability. The Boys and Girls
Club is not able to be maintained now its coming apart has aged out as a building it
has been repaired and repaired. Not only is a new building needed, but also more
room so that older and younger children can have separate space.
26. Paul Thomas Jackson with Fresno Homeless Advocates: This non-profit agency has
a Facebook group of about 500 residents and former residents who were affected by
homelessness. The crisis was analyzed around the country in 2012 by the Prosperity
Institute in Canada; the survey stated that the 3rd highest rate of homelessness was
in this city. The first was in Tampa, Florida, and the second was New Orleans. The
crisis faces us all, he asked Council to be creative and give themselves a raise
because meals are needed for this dialogue. Next speak to the County, talk with
other organizations. He indicated that homelessness is a crisis here and he wants to
underscore the three priorities which Ivana Muldrew spoke on earlier would require
re-prioritizing funding.
27. Dorley Nezbeth: Ms. Nezbeth talked about community outreach and a solution for
housing because she has a lot of property. She spoke about the importance of
citizens using their own money and the need for emergency housing, policy rule and
law. People are too low-income to have housing; she spoke specifically about rules
that you must have $1,200 in income. She guarantees that if income is used as
matching funds for housing we can get them housed, people do not want to be
enabled. She encouraged preparing people to work, write grants, and work with
existing entities.
28. Arthur Servin: Mr. Servin spoke of his idea for the homelessness, an actual zone or
piece of property that is purchased or owned that is considered or re-zoned as an
urban camping site. What the homeless are already doing in our city scattered
throughout the city we try to centralize in a parcel that is owned by the city that we
can then surround with trash services, porta potties, and eventually have a bathroom
with shower facilities on site. It is happening already, it’s illegal to camp in the city but
there is no other alternative for some. Parks are a great asset. This would be a first
step to get them somewhere instead of pushing them out to the fringe. Keep
reinvesting in these community centers and create more spaces to bring communities
together.
HCDC Needs Hearing–January 24, 2018
Housing and Community Development Commission (HCDC) Meeting
Housing and Community Development Commission Comments Received
Upon call for Commissioner comments and questions, the following Commissioners
spoke:
1. Commissioner Yang stated that he is looking forward to hearing more about creative
ideas that have been brought up for homelessness solutions. Chair Fisk indicated
that she is also encouraged to see professionals who work with this population
speak, and appreciates that they have shared where they work even though they
come as private citizens. Their expertise based on their professions is appreciated
and she is looking forward to seeing proposals.
2. Commissioner Falke thanked the audience for coming and speaking at the Public
Needs Hearing. He stated that the HCDC is committed to do the very best job
possible, and that the Commissioner’s represent fellow community members.
3. Commissioner Harutyunyan added that it was a wonderful evening because the
HCDC had the opportunity to hear from the public. And, as a commissioner, she
encouraged individuals to continue speaking at public meetings and sharing their
opinions so that decision makers have the benefit of understanding the needs of the
community.
4. Chair Fiske thanked the City of Fresno Neighborhood Revitalization Team, and staff.
Based on the stories of the targeted areas she is aware of the hard work building
resident capacity through community workshops, and explaining how the funding is
granted and how to apply for funding. Chair Fiske recognized that the community
coming together about priorities, and finding creative ways to meet the needs is an
important element.
Miscellaneous Letters Received-January 2018
1. Fresno Metro Ministry – Keith Bergthold
2. Fresno Economic Opportunities Commission – Brian Angus
HCDC Public Hearing–March 14, 2018
Housing and Community Development Commission (HCDC) Meeting
Public Comments Received
Upon call for public presentations and comment, the following people addressed the
HCDC:
Facility Improvements: A total of five presentations were made in the category of
facility improvements. Presenters are listed in the order in which they provided a verbal
summary of their application for funding submitted by the March 1, 2018, deadline.
1. Laneesha Senagal with Helping Others Pursue Excellence
2. Nicole Lender with Marjaree Mason Center
3. Sara Mirhadi with Poverello House
4. Rose Caglia with Warnors Theater
5. Lynn Pimentel with WestCare California
Home Repair: A total of three presentations were made in the category of home repair.
Presenters are listed in the order in which they provided a verbal summary of their
application for funding submitted by the March 1, 2018, deadline.
6. Vong Mouanoutoua with Fresno Economic Opportunities Commission
7. Jerry Zuniga with Habitat for Humanity
8. Susan Long with Self Help Enterprises
Homeless/Homelessness Prevention: A total of six presentations were made in the
category of homeless and homelessness prevention. Presenters are listed in the order
in which they provided a verbal summary of their application for funding submitted by the
March 1, 2018, deadline.
9. Misty Gattie-Blanco with Fresno Economic Opportunities Commission
(ESG Funds)
10. Doreen Eley with Fresno Housing Authority (HOME TBRA Funds)
11. Nicole Lender with Marjaree Mason Center (ESG Funds)
12. Sara Mirhadi with Poverello House (ESG Funds)
13. Mary Ann Calderon Knoy with WestCare (ESG Funds)
14. Lynn Pimentel with WestCare - The Living Room (HOPWA Funds)
H. Spees, Strategic Initiatives Director for Mayor Lee Brand:
15. Mr. Spees thanked the HCDC and presenters on behalf himself and Mayor
Brand. Mr. Spees expressed appreciation for the many organizations
coming together to fight homelessness. Seeing those resources multiplied
HCDC Public Hearing–March 14, 2018
Public Comments Received (Continued)
and then aligned so that they are part of a system not just random acts of
charity, but to see hospitals, businesses, philanthropies, and faith-based
organizations come together in alignment so that resources really do get
targeted in a way that rapidly reduces homelessness is positive. He went
on to state that Fresno has the best track record out of the west coast cities
when it comes to reducing homelessness over the last 10 years. However,
he takes no consolation in that because we still have about 1700 people
out on the streets and that is unacceptable. Mr. Spees informed the HCDC
and the public that Mayor Brand is very committed to the efforts to reduce
homelessness and recently joined with the Mayors of the eleven largest
cities in California in a bipartisan effort to ask the state to fund $1.5 billion
in additional resources for homelessness, this effort could generate as
much as $20 million dollars for Fresno. Mr. Spees continued to inform the
HCDC that the Mayor’s Office has also engaged one of the nation’s
foremost experts on homelessness, Barbara Poppe. Ms. Poppe is the
former executive director of the U.S. Interagency Council on Homelessness
and she is an expert on best practices from coast to coast. She has been
engaged with the help of the Housing Authority. At the invitation of Mayor
Brand, Ms. Poppe has specifically evaluated Fresno and will provide
recommendations based on best practices and options for addressing
homelessness even more effectively in our city. The Mayor’s Office will
continue to provide updates as that process is currently under way.
Public Services: A total of five presentations were made in the category of public
services. Presenters are listed in the order in which they provided a verbal summary of
their application for funding submitted by the March 1, 2018, deadline.
16. Diane Carbray with Boys and Girls Club
17. Veronica Wilson with Fresno Economic Opportunities Commission
18. Laneesha Senagal with Helping Others Pursue Excellence
19. Esther Delahay with Lowell Community Development Corporation
(Capacity Building)
20. Esther Delahay with Lowell Community Development Corporation (Tenant
Education)
Upon call for additional public comment, there was none. Chair Fiske closed the Public
Hearing at 8:01 p.m.
Additional Letter–March 14, 2018
3/14/2018
To Whom It May Concern:
Ongoing support for the Marjaree Mason Center is crucial to providing a safe place for families
experiencing abusive, even life-threatening home environments. As a member of the Board of Directors for
Marjaree Mason, I have been able to see the incredible services the center provides to families in crisis.
Providing safe housing for these children and families is particularly important to me as a pediatrician in
the community. The Marjaree Mason Center was able to provide over 50,000 nights of safe housing
through our Fresno and Clovis safe houses and provided services to over 5,700 adults and children last
year alone.
In order to continue serving our community, ongoing funding through grants such as the City of Fresno
Emergency Solutions Grant and Community Development Block Grant are critical. Your approval of the
grants submitted by Marjaree Mason Center would allow our agency to continue providing comprehensive
domestic violence services in the City of Fresno.
Thank you for your consideration.
Sincerely,
D. Casey Gray, M.D.
Marjaree Mason Board of Directors
Chief of Pediatrics at Kaiser Permanente, Fresno
4785 N. Frist Street, Fresno, 93726
Public Review Period
March 23, 2018 – April 23, 2018
1. TBD
Rev. TJ Davis
Presiding Elder Oakland Dist.
9th Episcopal
Bishop Rt. Rev. Bobby Best
Presiding 9th Episcopal Dist.
Saint Paul Christian Methodist Episcopal Church
2191 South Eunice
Fresno, CA 93706
Telephone (559) 389-0886
Rev. Gaina Flores, Pastor
April 15, 2018
Development and Resource Management
Department (DARM)
Housing and Community Development Div.
2600 Fresno Street
Fresno, Ca 93721
Email: Thomas.Morgan@Fresn.gov
Dear Tom
I have reviewed the Annual Action plan draft and noticed that our project
had not been included. The California Ave. Corner Park located on the
corner of California and Tupman street. The park is a potential site for
community development. The park does not have a secure safe fence, and
it does not have play equipment. Additional playground equipment would
give children and families a resource for safe play. Also, It would make
the space more family-friendly and overall enhance our community.
Please Consider adding the California Ave. Corner Park in the future.
Sincerely,
Pastor Gaina Flores
Senior Pastor
Rev. Gaina Flores
St.paulcmefresno@gmail.com
Associate Ministers
Rev. Timothy Simmons
Rev. Tora Shaw
Min. Darryl Hilliard
Min. Lillie Swillis
Department Chairperson
Steward Board
Mr. Kevin Swillis
Recording Steward
Mrs. Jessica Malone
Treasurer
Mrs. Versie Bufford
Director, Board of Christian Education
Mrs. Beverly Hilliard
Board of Trustees
Mr. Eddie Swillis
President, Stewardess Board
Mrs. Beverly Hilliard
President, Women’s Missionary society
Ms. Everlener Smith
Director of Music
Min. Lillie Swillis
Coordinator, Ministry to Men
Mr. CJ Miller
Director, Christian Youth Fellowship
Mrs. Carol L. Swillis
Saturday’s Children’s Church Ministry
Ms. Lena Davis
Superintendent, Sunday School
Rev. Timothy Simmons
Prayer Line Ministry
Rev. Tora Shaw
Rev Darryl Hilliard
From: Jesus Perez []
Sent: Tuesday, April 17, 2018 2:15 PM
To: Thomas Morgan
Cc: Alice Green
Subject: California Ave. Corner Park
Dear Tom,
I have reviewed the draft Annual Action plan and noticed that our project has not
been included. Please consider adding the California Ave. Corner Park in the
future. Southwest Fresno is in dire need for parks and green space to provide
positive outdoor experiences for our youth and families. This need comes up
again and again during parent meetings. I appreciate your consideration in this
matter.
Jesus Perez, Principal
King Elementary
Home of the Pharaohs!
From: Steve Skibbie
Sent: Wednesday, April 18, 2018 10:23 PM
To: Thomas Morgan
Cc: Alice Green
Subject: Dickey Playground improvements
Dear Tom,
On behalf of the Lowell Neighborhood Association, I would request that further improvements
be made regarding Dickey Playground's ADA compliance.
Our city continues to advance toward better neighborhoods and parks, think Dickey Playground
has never looked as inviting and with so many amenities. We know there is need to make the
Playground accessible and useable to all of our neighbors.
Community Development Block Grant funds for Lowell Neighborhood would enable the
improvements to continue.
Thank you,
Steve Skibbie
Lowell Neighborhood Association
395 North San Pablo Avenue
Fresno, California 93701-1788
559-355-1779
From: Letanya Patilla []
Sent: Thursday, April 19, 2018 3:54 PM
To: Thomas Morgan
Cc: Alice Green
Subject: West Fresno Parks
I believe it would be beneficial to have a park in West Fresno because it will create a peaceful and
positive environment for individuals to go to. With the decline of our students attending boys and girls
clubs, this will give them a place to go after school, to create friendships, and engage in something
positive and avoid the negative influences. It will also build positive family experiences, such as a family
get together at the park, individuals playing with their children, and also people with pets can also enjoy
this peaceful place as well.
Letanya Patilla – Librarian/After School Coordinator - King Elementary
July 17, 2015
Maria Cremer, Acting Director
BRUCE RUDD
City Manager
Office of Community Planning and Development
U.S . Department of Housing and Urban Development
One Sansome Street
Suite 1200
San Francisco, CA 94104
Re: Letter of Special Assurances
City of Fresno
Dear Ms. Cremer:
The Department of Development and Resource Management, on behalf of the City of Fresno, hereby
acknowledges the obligation to affirmatively further fair housing and to address impediments
identified in the City's Analysis of Impediments in accordance with the Consolidated Plan and CDBG
Certification statements and anti -discrimination laws (Title VI of the Civil Rights Act of 1964, the Fair
Housing Act, Section 109 of the Housing and Community Development Act of 1974, and Section 504
of the Rehabilitation Act of 1973). HUD's program regulations for administration of the Community
Development Block Grant program require recipients of this type of funding to "affirmatively further
fair housing which means that it will conduct an analysis to identify impediments to fair housing choice
within the jurisdiction, to take appropriate actions to overcome the effects of any impediments
identified through that analysis, and maintain records reflecting the analysis and actions in this
regard" (24 CFR 91.225(a)(1 ».
In this respect, the City of Fresno agrees to commence the process of developing a revised Analysis
of Impediments to Fair Housing Choice document (AI) within 90 days of the date of this letter, and to
complete the process leading to adoption of AI including its approval by authorized representatives of
the city within 270 days of the date of this letter. The revision of the AI shall include the following:
1.) All public participation processes as required by CDBG regulations (24 CFR 91.100, et seq .),
2.) An analysis of the degree to which the LlPH, HCV and project-based affordable housing
programs of the housing authorities promote a range of housing choices outside of ar'~as of
concentration ,
City Manager's Office' City of Fresno
2600 Fresno Street· Fresno, California 93721-3601
(559) 621-7784' FAX (559) 621-7776 • Bruce.Rudd@fresno.gov
3.) Ana lysis of whether lack of housing choice should be identified as an imped iment, thus
meriting remedial action in its revised AI and successive Consolidated Plans . This analysis of
housing authority programs will be conducted with in the context of all of the city's affordable
housing programs, including those developed with CDBG/HOME/NSP funds, LlHTCs, and also
includ ing those privately developed through other means without these funding sources.
Immed iately upon approval, copies of the AI will be forwarded to HUD's Offices of Community
Planning and Development and Fair Housing and Equal Opportunity.
The City of Fresno also agrees that if new impediments are identified in its revised AI, the City agrees
to amend its 2015 Consolidated and first-year Annual Action Plans to .identify additional actions it will
undertake to address the newly-identified impediments .
The signing of this Letter of Spec ial Assurances commits the City's Department of Development and
Resource Management to address the civil rights concern raised by HUD 's Office of Fair Housing and
Equal Opportun ity .
Sincerely,
~C-L tf~
Bruce Rudd
City Manager
cc: Renena Smith, Assistant City Manager
Jennifer Clark , Director, Development and Resource Management
Jose Trujillo, Housing Div ision Manager
City of Fresno, CA
Community Development Block Grant Program
Office of Audit, Region 9
Los Angeles, CA
Audit Report Number: 2017-LA-1006
August 9, 2017
To: Laurence Wuerstle, Acting Director, Office of Community Planning and
Development, San Francisco, 9AD
//SIGNED//
From: Tanya E. Schulze, Regional Inspector General for Audit, 9DGA
Subject: The City of Fresno, CA, Did Not Administer Its Community Development Block
Grant in Accordance With HUD Requirements
Attached is the U.S. Department of Housing and Urban Development (HUD), Office of Inspector
General’s (OIG) final results of our review of City of Fresno, CA’s Community Development
Block Grant program.
HUD Handbook 2000.06, REV-4, sets specific timeframes for management decisions on
recommended corrective actions. For each recommendation without a management decision,
please respond and provide status reports in accordance with the HUD Handbook. Please furnish
us copies of any correspondence or directives issued because of the audit.
The Inspector General Act, Title 5 United States Code, section 8M, requires that OIG post its
publicly available reports on the OIG website. Accordingly, this report will be posted at
http://www.hudoig.gov.
If you have any questions or comments about this report, please do not hesitate to call me at
213-534-2471.
Highlights
What We Audited and Why
We audited the City of Fresno’s Community Development Block Grant (CDBG) program. We
selected the City based on prior findings identified by the U.S. Department of Housing and
Urban Development (HUD) and continuing issues with the program. The objective of the audit
was to determine whether the City administered its CDBG funds in accordance with HUD
requirements, focusing on code enforcement, antigraffiti, and after school program activities;
monitoring; and program income.
What We Found
The City did not administer its program in accordance with HUD requirements. Specifically it
(1) did not meet HUD’s code enforcement requirements, (2) spent CDBG funds on general
government expenses, (3) did not ensure that one program met a CDBG national objective, (4)
did not properly monitor its subrecipient or City departments, (5) used its entitlement funds
before its program income, and (6) did not report program income to HUD in a timely manner.
This condition occurred because the City (1) lacked the capacity and experience to administer
and implement the program, (2) did not have adequate procedures and controls in place, and (3)
disregarded HUD requirements. As a result, it used CDBG funds for $163,555 in ineligible costs
and more than $7.9 million in unsupported costs and put $428,373 at risk over the next year of
similar questionable use.
What We Recommend
We recommend that the Acting Director of HUD’s San Francisco Office of Community Planning
and Development require the City to (1) repay the program $163,555 from non-Federal funds,
(2) support the eligibility of more than $7.9 million in CDBG costs or repay the program from
non-Federal funds, (3) suspend funding to its code enforcement program until it can show that it
has implemented controls, addressed its capacity issues, and understands and abides by HUD
requirements, (4) implement policies and procedures to ensure that $428,373 in CDBG funds is
used in accordance with program requirements, and (5) provide training or obtain technical
assistance on CDBG program requirements.
Audit Report Number: 2017-LA-1006
Date: August 9, 2017
The City of Fresno, CA, Did Not Administer Its Community Development
Block Grant in Accordance With HUD Requirements
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Table of Contents
Background and Objective ...................................................................................... 3
Results of Audit ........................................................................................................ 4
Finding 1: The City of Fresno Did Not Administer Its Community Development
Block Grant in Accordance With Requirements ........................................................... 4
Scope and Methodology ......................................................................................... 15
Internal Controls .................................................................................................... 18
Appendixes .............................................................................................................. 20
A. Schedule of Questioned Costs and Funds To Be Put to Better Use ...................... 20
B. Auditee Comments and OIG’s Evaluation ............................................................. 22
C. Criteria ....................................................................................................................... 33
D. Breakdown of Questioned Costs .............................................................................. 44
3
Background and Objective
The City of Fresno, CA, receives annual Community Development Block Grant (CDBG) funds
from the U.S. Department of Housing and Urban Development’s (HUD) entitlement program. The
program allocates annual grants to larger cities and counties to develop viable communities by
providing decent housing, a suitable living environment, and opportunities to expand economic
opportunities, principally for low- and moderate-income persons. To be eligible for funding,
program-funded projects must satisfy one of three HUD national program objectives required in 24
CFR (Code of Federal Regulations) 570.208:
• provide a benefit to low- and moderate-income persons,
• prevent or eliminate slums or blight, or
• meet other urgent community development needs due to disasters or other emergencies.
The City’s Development and Resource Management Department is responsible for the
administration and oversight of the CDBG program. HUD awarded the City $18.9 million in
CDBG funds from fiscal years 2015 through 2017.
Fiscal year Amount
July 1, 2014 – June 30, 2015 $6,280,810
July 1, 2015 – June 30, 2016 6,279,643
July 1, 2016 – June 30, 2017 6,330,331
Total 18,890,784
HUD’s San Francisco Office of Community Planning and Development performed two
monitoring visits to the City’s CDBG program in 2012 and 2015. HUD determined that the City
was unable to show that it met the eligibility provisions of 24 CFR 570.202(c) with respect to its
code enforcement activities. As a result, HUD questioned $5.3 million in code enforcement
activities for activities that took place in 2010 and 2011. In its second monitoring visit, HUD
determined that the City still had not met the eligibility requirements for its code enforcement
activities. Because of its ongoing issue with its code enforcement activities, HUD conducted
recurring meetings with the City to inform it of code enforcement eligibility requirements. This
finding remained unresolved.
Our objective was to determine whether the City administered its CDBG program in accordance
with HUD requirements, focusing on code enforcement, antigraffiti, and after school program
activities; monitoring; and program income.
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Results of Audit
Finding 1: The City of Fresno Did Not Administer Its Community
Development Block Grant in Accordance With Requirements
The City did not use CDBG funds in accordance with HUD requirements. Specifically, it did not
(1) meet code enforcement requirements, (2) ensure that CDBG funds were spent on nongeneral
government expenses for its antigraffiti program, (3) ensure that one program met a CDBG
national objective, (4) properly monitor its subrecipient or City departments, (5) use its program
income before its entitlement funds, and (6) report program income to HUD in a timely manner.
This condition occurred because the City lacked the experience and capacity to administer and
implement the program, did not have adequate procedures and controls in place, and disregarded
HUD requirements. As a result, the City spent $163,555 on ineligible costs, spent more than
$7.9 million on unsupported costs, and put $428,373 at risk over the next year for similar
questionable activity.
The City’s Code Enforcement Activity Did Not Meet HUD Requirements
HUD regulations at 24 CFR 570.202(c) and 570.207(a)(2) state that CDBG funds may be used
for code enforcement costs incurred for inspection for code violations and enforcement of codes
in deteriorating or deteriorated areas when such enforcement, together with public or private
improvements, rehabilitation, or services to be provided, may be expected to arrest the decline of
the area and prohibit their use for general government expenses (appendix C). For its code
enforcement activity, the City drew down more than $6.6 million in CDBG entitlement and
program income funds between July 17, 2013, and April 11, 2017. However, it did not
distinguish between its CDBG code enforcement funding and its regular responsibilities as a unit
of general local government.
1) The City did not designate areas as deteriorated for conducting code enforcement
activities but, rather, conducted citywide code enforcement with HUD funding between
2012 and 2014 and conducted code enforcement activities in targeted areas between 2014
and 2017. It did not have a plan or strategy in place to show that its use of CDBG-funded
code enforcement, combined with other activities, would arrest the decline in the area. It
also did not have a way to measure the impact of the code enforcement activities.
• Fiscal years 2012 to 2013: The City did not adjust its targeted areas and continued
to use the same citywide boundaries that HUD questioned in its 2012 monitoring (see
Background and Objective section) to conduct its code enforcement activities.
During this period, code enforcement staff members allocated their staff hours
between CDBG and general funds when conducting code enforcement activities.
• Fiscal years 2014 to 2017: The City formed its Neighborhood Revitalization Team
(NRT) around June 2014 to exclusively conduct code enforcement activities at five
targeted neighborhoods. The City did not develop the necessary documentation to
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show that these five targeted areas were deteriorated. In addition, on October 17,
2016, the former mayor of Fresno announced in a press release that the NRT would
perform code enforcement work in 10 new targeted neighborhoods. HUD regulations
at 24 CFR 570.208(b)(iii) state that documentation is to be maintained by the
recipient on the boundaries of the area and the conditions and standards used that
qualified the area at the time of its designation (appendix C). The current NRT
manager showed that he created the deterioration documentation for the first of 10
neighborhoods on November 7, 2016, which indicated that the documentation was
not prepared at the time of its designation. No documentation was prepared for all 10
neighborhoods at the time of designation.
The Development and Resource Management Department director relied on her staff to
prepare the necessary documentation. However, she failed to follow up to ensure that it
was completed. As a result, the City disregarded and continued to disregard HUD
requirements and had not ensured that it used CDBG code enforcement funds to arrest the
decline in deteriorating or deteriorated areas, despite HUD’s having questioned these
matters in two prior monitoring reviews (Background and Objective section). Instead, it
used the funds to supplement its code enforcement activities that it could not distinguish
from regular responsibilities as a unit of general local government.
2) The City did not maintain adequate supporting documentation for staff hours that were
charged to its code enforcement budget.
According to 2 CFR Part 225, appendix B(8)(h)(4) and (8)(5)(d), when employees work
on multiple activities or cost objectives, a distribution of their salaries or wages will be
supported by personnel activity reports or equivalent documentation that is signed by an
employee. In addition, 2 CFR 200.430(i)(1) and 2 CFR 200.430(i)(1)(ii) state that
charges to Federal awards for salaries and wages must be based on records that accurately
reflect the work performed and these must be incorporated into the official records of the
non-Federal entity (appendix C).
Between fiscal years 2012 and 2016, the City did not maintain adequate records to
support the distribution of salaries, wages, and recurring vehicle allowances charged to
CDBG. The City used two different payroll allocation methodologies during this period.
The first methodology involved allocating payroll hours to both general funds and
CDBG, and the second methodology involved allocating payroll hours exclusively to
CDBG. Generally, the City maintained only its electronic PeopleSoft timesheets to
support charges to CDBG.1 However, these timesheets showed only the number of hours
allocated to a specific fund and did not show that locations where inspectors performed
code enforcement activities were deteriorated.
1 The Oracle PeopleSoft system allows the City to report staff hours on an electronic timesheet.
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The City stated that it maintained time distribution reports for its staff between
September 9, 2013, and June 23, 2014, and for its coordinators after June 23, 2014. Time
distribution reports would show the number of hours worked, location, and activity and
whether the activity was CDBG or non-CDBG related. Except for its coordinators, the
City did not maintain time distribution reports for its staff before September 9, 2013, and
after June 23, 2014. A reason for not maintaining records before September 9, 2013, was
not given, only that the City began keeping the reports after city managers visited the
HUD regional office in San Francisco to discuss their findings from the 2012 HUD
monitoring report. The City stated that it stopped recording time when the NRT was
formed, around June 2014, because the intent was for the team to work exclusively in
CDBG targeted areas and staff time was allocated 100 percent to one cost objective.
A sample review of 130 payroll records 2 found problems with both the City’s time
distribution reports and case activity listings. Issues with the time distribution reports
included missing and unsigned reports, activities performed citywide or locations not
adequately identified, discrepancies between the reports and PeopleSoft timesheets, and
total hours worked and activities performed not identified. The case activity listings were
also inadequate to properly identify the majority of hours worked and activities
performed. Inspection staff had also been required to perform noneligible activities that
were not identified in these records, such as crosswalk duties for schools and observing
people in the neighborhood. As a result, the accuracy and completeness of these records
was questionable. In addition, in five cases, the City charged payroll costs to CDBG
code enforcement for staff that should have been allocated to the general fund totaling
$4,565 (appendix D).
Further, the City did not properly classify activities in the Integrated Disbursement and
Information System (IDIS).3 Chapter 12 of the Basically CDBG Handbook states that
grantees must enter data on the activity level into IDIS to help show HUD that the
activity was eligible and met the national objective (appendix C). However, although the
City had a separate IDIS line item and budget for public service activities, it attributed its
planning, outreach, and capacity building costs 4 to the code enforcement budget. As a
result, the City improperly used IDIS activity numbers and misreported the activities.
In February 2017, the NRT manager instructed his staff members to stop entering their
time into the electronic PeopleSoft system because they were generating too many coding
errors and subjectively determining the type of activities worked. Without supporting
2 See the Scope and Methodology section for discussion of the sample selection.
3 IDIS is a nationwide database that provides HUD with current information regarding the program activities
underway across the Nation. HUD uses this information to report to Congress and to monitor grantees. IDIS is the
drawdown and reporting system for CDBG.
4 Policy, planning, management, and capacity building are eligible CDBG activities under 24 CFR 570.205
(appendix C).
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documentation, a City accountant or auditor enters time into PeopleSoft for the NRT staff
based on this methodology:
o Coordinators – 100 percent to outreach-planning activity
o Inspections – 100 percent to inspections activity
o NRT manager – full-time equivalent of coordinators to inspectors
Inspectors stated that they did not exclusively perform inspection activities. The NRT
manager confirmed that in addition to inspection activities inspectors also performed
other activities, such as reporting public right of way issues to appropriate departments,
coordinating landlord forums, working in the Restore Fresno outreach trailer, etc., which
he believed fell under the “inspection” category. However, his interpretation is contrary
to the Guide to National Objectives and Eligible Activities for Entitlement Communities,
which states that eligible code enforcement activities involve payment of salaries and
overhead costs related to the enforcement of State and local codes (appendix C).
Before the NRT manager’s instructions, the inspectors were appropriately allocating their
time between inspections and planning. With the approval of the director and assistant
director of the Development and Resource Management Department, the business manager
responsible for payroll retroactively adjusted the PeopleSoft timesheets from July 1,
2016, to present to reflect the above methodology even if an inspector worked on an
outreach or planning activity. By making these retroactive adjustments, the City
inappropriately misrepresented that its inspectors worked entirely on inspection activity.
Based on our audit sample, we determined that the City did not maintain adequate
documentation to support its code enforcement staff hours charged to the program. We,
therefore, determined that salaries, fringe, and recurring vehicle allowances of $4,565
charged to CDBG were ineligible and $441,442 was unsupported (appendix D).
3) The City charged additional questionable amounts to CDBG code enforcement, including
staff hours for non-CDBG-eligible activities; administrative overhead staff salaries;
unsupported payroll adjustments; and vehicle maintenance, gas, and radio costs, without
adequate documentation.
• Tire team: Between fiscal years 2012 and 2014, the City allocated $139,071 in
salaries for tire team staff to CDBG (appendix D). According to the City’s website,
the tire enforcement program was funded by the City’s general fund and the
California Integrated Waste Management Board. The City received four State-
sponsored grants for waste tire enforcement, amnesty, and cleanup during the years
2012 and 2015 amounting to $670,000, yet it allocated salaries for its tire team staff
to the code enforcement budget. City staff believed that this occurred because there
was not sufficient funding from the State-sponsored grants to cover salaries;
therefore, salaries were shifted to CDBG. However, according to 2 CFR Part 225,
appendix a(3)(c), any cost allocable to a particular Federal award or cost objective
under the principles provided for in 2 CFR Part 225 may not be charged to other
8
Federal awards to overcome fund deficiencies, to avoid restrictions imposed by law
or terms of the Federal awards, or for other reasons. In addition, the City’s 2012 to
2014 annual action plans and 2010 to 2014 consolidated plan did not identify tire
enforcement as an approved HUD CDBG activity according to 24 CFR 91.1
(appendix C). Therefore, salary charges of $139,071 for the tire team were
ineligible.
• Management, administrative, and other salaries: HUD regulations at 24 CFR
570.202(c) state that the City may charge salaries for code violations and
enforcement of codes to CDBG (appendix C). The City did not follow these
requirements and charged $357,821 5 for employee salaries to CDBG code
enforcement between fiscal years 2012 and 2014 for employees who (1) were not
code enforcement inspectors (community revitalization specialist), (2) had no
CDBG-specific responsibilities, or (3) worked in the Development and Resource
Management Department in an administrative capacity.
o An administrative staff member whose salary was charged to CDBG did
not deal with CDBG at all, and her job duties did not focus on CDBG.
o In another instance, the administrative manager’s salary of $51,490 was
allocated and paid from the CDBG code enforcement budget, yet the City
later determined that his salary should have been allocated indirectly as
part of the cost allocation plan that was charged to CDBG.
The City did not retain time distribution reports in accordance with 2 CFR Part 225,
appendix B, before September 2013 or other documentation to support that these
employees worked on CDBG activity. It could not show that salaries charged to
code enforcement were related to CDBG; therefore, $357,821 in salary charges was
unsupported (appendix C).
• Payroll adjustments: HUD regulations at 2 CFR Part 225, appendix B(8)(h)(1),
and 2 CFR 200.403(g) require payroll costs to be adequately documented. In
addition, the City’s 2014 policies and procedures required costs to be allocated to
the correct fund account to maintain budget controls over the comingling of funds.
Further, 2 CFR Part 225, appendix a(3)(c), states that any costs may not be charged
to other Federal awards to overcome fund deficiencies (appendix C).
The City drew down CDBG code enforcement grant funds in the amount of
$203,602 to pay for payroll adjustments between fiscal years 2012 and 2014. The
City was unable to provide documentation to support these adjusted amounts. They
5 The unsupported management, administrative, and other salaries for fiscal years 2012 to 2014 totaled $640,594;
however, the amount was adjusted down to $357,821 to avoid double counting funds that HUD had previously
questioned in its monitoring report (Background and Objective section).
9
appeared to be a mix of employee salaries and fringe-related costs that were
transferred from a City fund into the CDBG designated fund; however, no payroll
documentation was available to support these costs.
• Vehicle maintenance and gas charges: According to 24 CFR 570.506(a), each
recipient must establish and maintain sufficient records to show that it has met
requirements (appendix C). The City did not maintain vehicle logs to show that gas
and maintenance charges for 47 vehicles and a portable radio were used for code
enforcement inspections in CDBG-eligible areas during fiscal years 2013 and 2014.
Although the City maintained fleet reports showing the total charges per vehicle
and was able to generate vehicle activity reports showing a vehicle’s location
during a specific point in time, it did not maintain a historical listing of employees
who used or were assigned the vehicles. Therefore, the City could not show that
only code enforcement inspectors used the vehicles in CDBG-eligible areas, and the
total cost charged of $109,877 was unsupported (appendix D).
The City could not explain why these questionable charges occurred or provide
additional documentation to show that they were CDBG related. The business manager
currently responsible for the payroll of the Development and Resource Management
Department stated that the management analyst, who was responsible for these various
allocations, no longer worked for the City. Email documentation from the management
analyst showed financial problems with City funds in 2012 and that “even moving some
staff time over to CDBG, we are essentially out of money for FY [fiscal year] 2012.”
Further, the business manager could not explain why these inappropriate charges were
occurring in fiscal year 2014 after she took the payroll function from the management
analyst, who left the City in 2013. As a result, the City spent $139,071 on ineligible
costs and more than $671,300 on unsupported costs.
Due to the extent of inaccuracies and lack of documentation throughout the sampled payroll,
combined with the City’s inadequate practices and controls, the remaining untested code
enforcement payroll costs of more than $3.5 million charged to CDBG during the audit period
were also questionable. Overall, the City spent $143,636 on ineligible costs, spent more than
$6.5 million on unsupported costs, and put $428,373 at risk over the next year in its code
enforcement activity.
The City Did Not Ensure That Antigraffiti Program Salaries Were Primarily CDBG
Related
Contrary to 2 CFR 200.430(i)(1), which states that Federal awards for salaries and wages must
be based on records that accurately reflect the work performed, the City did not properly allocate
salaries to CDBG as reported by employees on activity reports (appendix C). In fiscal year 2016,
the City allocated $303,919 in CDBG funds for its antigraffiti program salaries from a total draw
10
of $342,084. A review of $155,562 in timesheets 6 and activity reports during a 5-month period
showed that
• Six of the nine employees reported on their activity reports that they worked some hours
at non-CDBG designated areas, although 100 percent of their time was charged to and
paid by CDBG.
• Six of the nine employees reported some hours worked as “downtime,” which included
activities such as breaks, time off, meetings, or maintenance, but it was not clear whether
those hours were related to CDBG or non-CDBG areas.
• Three of the nine employees did not record actual daily hours worked on a timesheet and
instead estimated time worked and charged to CDBG.
The community sanitation manager attributed this condition to an oversight on his part.
However, he believed allocating hours for work in non-CDBG areas would not result in
additional costs to CDBG, despite the lack of evidence, because both the CDBG and non-CDBG
teams worked mostly in CDBG areas. Overall, $19,919 in antigraffiti costs were ineligible, and
$69,670 (22,012 + 47,658) was unsupported (appendix D). Because the City used this same
methodology in allocating salary charges, the remaining $148,358 allocated to CDBG was also
questionable.7
6 See the Scope and Methodology section for discussion of the sample selection.
7 The antigraffiti department stopped receiving CDBG funds in fiscal year 2017. The City made a substantial
amendment to its annual plan to award CDBG funds to more subrecipients. As a result, City-designated
departments, like antigraffiti, are no longer awarded funds. Therefore, a recommendation to develop and implement
written policies and procedures is not necessary.
Job title Ineligible Unsupported -
downtime hours Unsupported Total
Lead inspector $4,140 $5,224 $9,364
Inspector - graffiti abatement 5,383 4,159 9,542
Inspector - graffiti abatement 180 3,978 4,158
Inspector - graffiti abatement 409 2,890 3,299
Inspector - graffiti abatement 5,930 2,477 8,407
Inspector - graffiti abatement 3,877 3,284 7,161
Community sanitation manager $25,267 25,267
Police lieutenant 15,020 15,020
Police lieutenant 7,371 7,371
Totals 19,919 22,012 47,658 89,589
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The City Did Not Ensure That the After School Program Met a National Objective
The City did not ensure that a program met one of HUD’s CDBG national objectives in
accordance with 24 CFR 570.208(a)(2) (appendix C). The City reported that the after school
program met the limited clientele objective; however, it did not maintain accurate records to
show that at least 51 percent of beneficiaries at all 11 community centers were low to moderate
income. The City reported that more than 90 percent of persons served in fiscal years 2015 and
2016 were low to moderate income; however, this figure was incorrect because the City did not
include participants who did not submit self-certification forms. If those were added, the
percentage of beneficiaries certified as low to moderate income would significantly decrease.
Although it collected some self-certification forms, the City stated that it had a difficult time
collecting forms from its after school program participants.
The City maintained daily attendance sheets for all 11 locations to account for the number of
participants in the after school program. However, the spreadsheet was not accurate in that it
omitted names of some participants, resulting in an inaccurate count of beneficiaries served.
Staff indicated that names had been removed because the participants no longer came to the
center. In addition, one center did not maintain a running total of participants and did not know
it was required to do so. Therefore, the City could not provide an accurate population of CDBG
participants, nor could it show that at least 51 percent of the population served were low to
moderate income. Staff working at the centers were not familiar with the CDBG program or its
requirements. They stated that they were not provided with written policies and procedures, nor
were they given formal training on HUD requirements. As a result, the expenditures of more
than $1.1 million drawn down from the program for fiscal years 2015 and 2016 were
unsupported (appendix D).
The City Did Not Monitor Its City Departments or Subrecipient
According to 2 CFR 200.331 (d), the City must monitor the activities of the subrecipient as
necessary to ensure that the subaward is used for authorized purposes in compliance with Federal
statutes, regulations, and the terms and conditions of the subaward and that subaward
performance goals are achieved (appendix C). However, the City had not performed a
monitoring review or established contractual agreements with its departments, nor had it
performed an onsite monitoring of its only subrecipient, Fair Housing Council of Central
California, during fiscal years 2014 and 2016. Its monitoring review consisted of only desk
reviews from its City departments and subrecipient before it drew down funds from IDIS. The
City was unable to locate copies of its monitoring report for its most recent onsite monitoring of
its subrecipient; therefore, it could not show that it performed onsite monitoring.
The City also did not obtain sufficient supporting documentation from the Fair Housing Council
of Central California for its fiscal years 2015 and 2016 vouchers, which totaled $55,000
(appendix D). There were no timesheets to show how much of an employee’s time was allocated
to CDBG. For other direct costs, the subrecipient provided copies of checks but no invoices,
receipts, or other internally maintained documentation. Therefore, the City did not perform
sufficient desk monitoring. The CDBG administrator stated that she was overburdened with
work and there was a lack of capacity.
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The City Did Not Use Program Income Before Its Entitlement Grant Funds and Did Not
Report Program Income to HUD in a Timely Manner
Regulations at 24 CFR 570.504(b)(2)(i) state that program income must be substantially
disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for
the same activity (appendix C). However, in one instance, the City drew down CDBG
entitlement grant funds before it used $188,083 in program income. The CDBG administrator
was unable to explain why this occurred.
In addition, the Federal financial report instructions to standard form 425 state that the
submission of an interim Federal financial report will be on a quarterly, semiannual, or annual
basis, as directed by the Federal agency (appendix C). However, the City failed to report
program income in IDIS at least once during calendar year 2015, although internal
documentation clearly showed that it earned program income during that year. The program
income for 2015 was finally reported in IDIS in 2016. The City stated that although the CDBG
administrator who normally performed this function was out of the office through June 2015,
other staff and the former housing division manager could have stepped in and taken over. The
City had since implemented new procedures to report program income monthly in IDIS.
The City Lacked Capacity, Experience, and Controls To Administer Its CDBG Program
The problems discussed above occurred because the City lacked the capacity, experience, and
controls to administer and implement its CDBG program. The Development and Resource
Management Department director had not had CDBG training in 10 to 15 years, while the
assistant director had not had CDBG training or any prior CDBG experience. Further, the
neighborhood revitalization manager, who had held this position for less than a year, had not had
CDBG training or prior code enforcement job experience, and the business manager responsible
for processing payroll had received no CDBG training. The only person with CDBG experience
was the designated CDBG administrator; however, she had only been available to work on a
limited basis over the last 4 years. The City hired a consultant in mid-2015 to help resolve the
HUD 2012 monitoring findings, yet based on the finding above, the City still had not corrected
the problems and followed HUD requirements. Therefore, the lack of capacity and management
experience impaired the City’s ability to administer its CDBG program.
In addition, the City had not updated or implemented its 2014 CDBG written policies and
procedures. For instance, the policies and procedures stated, “…depending on the complexity of
the specific project, CDBG Program staff will formally monitor departments and subrecipients
one or more times during the program year…” (appendix C). However, based on our review,
staff had not monitored departments or the City’s subrecipient one or more times during the year.
The City also had not finalized and disseminated its department-specific code enforcement
written policies and procedures to the appropriate staff.
13
Further, the City had not established the contractual agreements with recipient departments as
cited by HUD 8, which would specify the manner in which funding is to be used. It had not held
each recipient department accountable to comply with HUD program guidelines. As a result, the
City added to its capacity issue by not delegating part of the responsibilities for executing and
complying with HUD program requirements from the administrator to each recipient department.
Conclusion
The City did not administer its CDBG funds in accordance with HUD requirements. It failed to
follow code enforcement, payroll allocation, national objective, monitoring, and program income
requirements to support the eligibility of costs charged to the program. We attributed this
condition to the City’s disregard of HUD requirements, although it had been repeatedly advised
by HUD of the requirements since the 2012 monitoring. The City also lacked capacity,
experience, and internal controls to administer the program. As a result, it spent $163,555 on
ineligible costs, and HUD did not have adequate assurance that more than $7.9 million in grant
funds was used for eligible purposes (appendix D). Further, we project that the City will put
$428,373 for code enforcement over the next year at a risk if it fails to alter its procedures and
require its staff to properly account for its time and activities.
Recommendations
We recommend that the Acting Director of HUD’s San Francisco Office of Community Planning
and Development require the City to
1A. Support the eligibility of $6,529,500 in code enforcement costs, including meeting
code enforcement requirements, preparing time distribution reports, and supporting
vehicle costs, or repay the program from non-Federal funds (appendix D).
1B. Suspend funding to its code enforcement program until it can show that it has
implemented controls, addressed its capacity issues, and understands and abides by
HUD requirements.
1C. Repay the program $4,565 from non-Federal funds for ineligible code enforcement
program costs.
1D. Repay the program $139,071 from non-Federal funds for ineligible tire team code
enforcement program costs.
1E. Repay the program $19,919 from non-Federal funds for ineligible antigraffiti program
salary costs.
8 HUD’s 2012 monitoring review (see Background and Objective) had recommended the City implement a financial
management policy that describes how grant funds can be used internally by City departments and the method by
which the use is documented.
14
1F. Support the eligibility of the $1,107,000 in after school program costs, including
meeting the limited clientele national objective, or repay the program from non-
Federal funds.
1G. Support the eligibility of the $218,028 in antigraffiti costs or repay the program from
non-Federal funds.
1H. Support the eligibility of the $55,000 subrecipient drawdown or repay the program
from non-Federal funds.
1I. Develop and implement written code enforcement policies and procedures to meet
CDBG requirements or amend the funding for another CDBG-eligible project.
Improving code enforcement controls will result in $428,373 in funds to be put to
better use.
1J. Execute contractual agreements with each CDBG recipient department to ensure
compliance with all Federal guidelines.
1K. Develop and implement written policies and procedures for specific departments,
update and implement CDBG-specific written policies and procedures, and provide
formal training and technical assistance to the Development and Resource
Management Department employees to ensure that they understand and follow CDBG
requirements.
1L. Develop and implement a monitoring program within the City’s Development and
Resource Management Department to ensure that it periodically monitors and provides
guidance to its subrecipient(s) and City departments on how to administer CDBG
funds.
15
Scope and Methodology
We performed our audit fieldwork at the City’s office located at 2600 Fresno Street, Fresno, CA,
and our Los Angeles, CA, office between October 25, 2016, and April 28, 2017. Our audit
period covered July 1, 2014, to September 30, 2016, which we expanded when necessary.
To accomplish our objective, we
• Reviewed applicable CDBG program requirements and applicable Federal regulations.
• Reviewed relevant background information, including organizational charts, grant
agreements, grant applications, written policies and procedures, audited financial
statements, consolidated and annual action plans, and consolidated annual performance
evaluation reports.
• Interviewed appropriate City and HUD staff.
• Reviewed HUD monitoring reports.
• Reviewed reports from IDIS to obtain CDBG disbursements for the period tested. We
reviewed backup documentation to support IDIS disbursements. Our assessment of the
reliability of IDIS was limited to the data sampled, and the data were reconciled with data
in the City’s records. We did not assess the reliability of the systems that generated the
data.
• Reviewed attendance sheets and self-certification documentation.
• Reviewed subrecipient payment requests and supporting documentation.
• Reviewed the City’s program income records.
• Performed a site visit to five targeted neighborhoods.
The audit universe consisted of 30 vouchers totaling more than $3.2 million in expenditures for
the period July 1, 2014, to June 30, 2016. Overall, we selected and subsampled on a
nonstatistical basis $987,400 from five vouchers to identify areas that required further review.
The five vouchers totaled more than $2 million in expenditures. Our audit results were limited to
the vouchers in our sample and cannot be projected to the universe. For the audit phase, we
focused on areas of concern identified in the survey (code enforcement, after school, and
antigraffiti programs; program income; and subrecipient monitoring).
• Code enforcement: The City had more than $6.6 million in code enforcement salary
charges for fiscal years 2012 to 2017. We reviewed various costs associated with code
enforcement, which included
16
1. A nonstatistical sample of
• 10 records selected and reviewed for salary payments totaling $89,650 that were
paid out in fiscal years 2012 and 2013. In addition, there were salary payments
totaling $779,666 for 30 employees whose job titles were not community
revitalization specialist or were confirmed to be part of the tire team in fiscal
years 2012, 2013, and 2014. The universe totaled payments of more than $1.8
million, $1.795 million, and $1.3 million, respectively.
• 31 9 records selected and reviewed for salary payments totaling $105,315 10 for the
pay period ending months of September, October, and November 2014 from a
code enforcement voucher of $518,695. These pay periods were selected for
review because of the high payroll ending amounts.
• 39 11 records selected and reviewed for salary payments totaling $112,071 12 for the
pay period ending months of November and December 2015 and January 2016
from a code enforcement voucher of $315,722. These pay periods were selected
for review because of the high payroll ending amounts
• Vehicle maintenance and gas expenses selected for 47 vehicles and 1 portable
radio totaling $109,877 for fiscal years 2013 and 2014. These expenses were
selected because of the significant amount of CDBG funds going to pay them.
We used a nonstatistical sample because it would not be practical to review 100
percent of the supporting documentation during our audit timeframes due to the large
number of records. We cannot project the results of our testing. However, our
review of the payroll records, combined with the statistical sample below, interviews,
and the City’s lack of adequate procedures and controls resulted in our questioning
the remaining payroll attributable to the audit period. We provided the City with our
finding outline and separate schedules to help it identify the questioned records.
2. A statistical sample of 50 records totaling $138,970 was selected and reviewed from a
universe of 348 records for staff members that charged time and recurring vehicle
allowances to code enforcement from June 1, 2014, to June 12, 2016. The audit
universe totaled payments of $954,392. We projected the results of our testing and
found that in 45 of 50 records reviewed, the City did not have proper documentation
to support salaries paid for code enforcement activities in the CDBG program. This
amounts to a weighted average of $2,689 per salary record paid. In the context of the
total universe of 348 salary payments in the universe, this amounts to at least
$873,221 in salaries paid without time distribution reports or sufficient activity
9 Four of thirty-five records were removed from total selection because they were selected in our statistical review.
10 Total salaries drawn down from the grant equaled $119,165; however, $13,850 was deducted because it
represented the salaries paid to employees whose timesheets were also selected using a statistical methodology.
11 Six of forth-five records were removed from total selection because they were selected in our statistical review.
12 Total salaries drawn down from the grant equaled $130,213; however, $18,142 was deducted because it
represented the salaries paid to employees whose timesheets were also selected using a statistical methodology.
17
listings. If the City continues to disburse salary payments without support, over the
next year, this amounts to at least $428,373 in salaries. We relied on the work of our
statistician, who generated these numbers based on the results of our testing. We
provided the City with our finding outline and separate schedules to help it identify
the questioned records.
• Antigraffiti: During 2014 and 2015, the City’s antigraffiti program drew down
$384,212 from IDIS. We nonstatistically sampled one voucher, 5906620, based on the
largest total amount drawn of $342,084. Salary payments totaling $105,107 for the pay
period ending months of July, August, and September 2015 were selected. These pay
periods were selected for review because of the high payroll ending amounts. During the
audit phase, we selected salary payments totaling $50,454 from the same voucher for the
pay period ending months of February and March 2016. We selected the additional
sample for review to determine whether the issues we identified in our initial sample
were systemic. We cannot project the results of our testing; however, since the same
questionable practices were in place, we questioned the remaining salary associated with
the draw.
We conducted the audit in accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain sufficient, appropriate
evidence to provide a reasonable basis for our findings and conclusions based on our audit
objective(s). We believe that the evidence obtained provides a reasonable basis for our findings
and conclusions based on our audit objective.
18
Internal Controls
Internal control is a process adopted by those charged with governance and management,
designed to provide reasonable assurance about the achievement of the organization’s mission,
goals, and objectives with regard to
• effectiveness and efficiency of operations,
• reliability of financial reporting, and
• compliance with applicable laws and regulations.
Internal controls comprise the plans, policies, methods, and procedures used to meet the
organization’s mission, goals, and objectives. Internal controls include the processes and
procedures for planning, organizing, directing, and controlling program operations as well as the
systems for measuring, reporting, and monitoring program performance.
Relevant Internal Controls
We determined that the following internal controls were relevant to our audit objective:
• Effectiveness and efficiency of program operations – Implementation of policies and
procedures to ensure that program funds are used for eligible purposes.
• Reliability of financial information – Implementation of policies and procedures to
reasonably ensure that relevant and reliable information is obtained to adequately support
program expenditures.
• Compliance with applicable laws and regulations – Implementation of policies and
procedures to ensure compliance with applicable HUD rules and requirements.
We assessed the relevant controls identified above.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, the
reasonable opportunity to prevent, detect, or correct (1) impairments to effectiveness or
efficiency of operations, (2) misstatements in financial or performance information, or (3)
violations of laws and regulations on a timely basis.
Significant Deficiencies
Based on our review, we believe that the following items are significant deficiencies:
• The City lacked the capacity and experience to administer its CDBG program to ensure that
it complied with HUD requirements (finding 1).
19
• The City lacked controls, including written policies and procedures, to ensure that program
activities complied with HUD requirements (finding 1).
20
Appendixes
Appendix A
Schedule of Questioned Costs and Funds To Be Put to Better Use
Recommendation
number Ineligible 1/ Unsupported 2/ Funds to be put to
better use 3/
1A $6,529,501
1B
1C $4,565
1D 139,071
1E 19,919
1F 1,107,000
1G 218,028
1H 55,000
1I $428,373
Totals 163,555 7,909,529 428,373
1/ Ineligible costs are costs charged to a HUD-financed or HUD-insured program or activity
that the auditor believes are not allowable by law; contract; or Federal, State, or local
policies or regulations. In this instance, the ineligible costs included $143,636 in payroll
charges ($4,565 in code enforcement salaries that were allocated to general funds on
timesheets but paid by CDBG and $139,071 for the tire team salaries charged to CDBG)
and $19,919 in payroll charges for the antigraffiti team for work conducted in non-
CDBG-eligible areas (see appendix D).
2/ Unsupported costs are those costs charged to a HUD-financed or HUD-insured program
or activity when we cannot determine eligibility at the time of the audit. Unsupported
costs require a decision by HUD program officials. This decision, in addition to
obtaining supporting documentation, might involve a legal interpretation or clarification
of departmental policies and procedures. In this instance, the unsupported costs included
(1) $6,529,501 for code enforcement costs without documentation supporting that areas
worked by code enforcement staff were deteriorated, (2) $1,107,000 for after school
program costs without documentation supporting that it met a HUD national objective,
(3) $218,028 for antigraffiti payroll costs without documentation supporting that the
employees worked on CDBG-related activities, and (4) $55,000 it reimbursed to its
subrecipient without adequate documentation to support that the costs were eligible
(appendix D).
21
3/ Recommendations that funds be put to better use are estimates of amounts that could be
used more efficiently if an Office of Inspector General (OIG) recommendation is
implemented. These amounts include reductions in outlays, deobligation of funds,
withdrawal of interest, costs not incurred by implementing recommended improvements,
avoidance of unnecessary expenditures noted in preaward reviews, and any other savings
that are specifically identified. In this instance, the funds to be put to better use of
$428,373 represent the annualized projection of questionable payroll charges to CDBG
that will be avoided if the City implements additional policies and procedures for its code
enforcement program in accordance with HUD requirements.
22
Appendix B
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 1
Comment 2
23
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
24
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 3
Comment 4
* Names removed for privacy.
25
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
* Names removed for privacy.
26
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 5
Comment 6
Comment 7
Comment 8
27
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 9
Comment 10
28
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 11
29
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 12
Comment 13
Comment 14
Comment 8
Comment 15
Comment 15
Comment 15
Comment 13
30
Auditee Comments and OIG’s Evaluation
Auditee Comments Ref to OIG
Evaluation
Comment 16
Comment 16
Comment 16
31
OIG Evaluation of Auditee Comments
Comment 1 We appreciate the City’s acknowledgement of the need for improvement and that
it views the report recommendations as an opportunity to improve the CDBG
program for the Fresno community.
Comment 2 We recognize the City’s acknowledgement of the ongoing need for improvement
and commitment to continuing its existing work with CPD to resolve all issues
raised.
Comment 3 We expanded our review of CDBG code enforcement to 2012 to address draw
amounts that had not been specifically included or questioned as part of prior
monitoring by HUD’s San Francisco Office of Community Planning and
Development. We did not duplicate costs already questioned by HUD.
Comment 4 We acknowledge that City staff turnover may have impacted implementing
activities for the time period audited and recognize its commitment to developing
its staffing capacity; however, had proper documentation been kept and policies
and procedures been in practice, the loss of key individuals would not have been
as impactful to the operation of the CDBG program.
Comment 5 We recognize the City’s commitment to working with HUD CPD to properly
document that the completed activities arrested the decline in CDBG areas.
Comment 6 We recognize the City’s continued work with HUD CPD to provide adequate
documentation to support staff hours.
Comment 7 The City will have the opportunity to provide additional documentation to HUD
as part of the audit resolution process to address the unsupported costs; however,
we continue to maintain that the tire enforcement salaries were ineligible.
Comment 8 The City stated it will try and obtain additional information to address the
eligibility of the non-CDBG salaries; however, we continue to maintain $19,919
of anti-graffiti salaries as ineligible. We acknowledge that the City will have the
opportunity to work with HUD CPD to resolve the ineligible costs and also
document the $218,028 in unsupported antigraffiti costs as part of the audit
resolution process.
Comment 9 We acknowledge the City’s challenges in obtaining income verification from its
beneficiaries. However, the City must be able to demonstrate that at least 51
percent of the beneficiaries were low to moderate income at the 11 community
centers. Without collecting the proper documentation and recordkeeping, it
cannot show that it met HUD’s national objective.
Comment 10 We acknowledge the City’s commitment to ongoing training and monitoring of
activities.
32
Comment 11 We recognize the City’s commitment to ensure necessary training and technical
assistance is provided to staff to properly administer and implement CDBG
activities moving forward.
Comment 12 We acknowledge that the City has worked in some capacity and will continue to
work with HUD CPD to document and support the eligibility of $6,529,501 in
code enforcement costs.
Comment 13 We recognize that the City took proactive action to suspend CDBG funding to its
code enforcement related programs and fund them through General Funds. As
part of the audit resolution process, HUD CPD can verify that CDBG funding to
the City’s code enforcement programs has stopped and that these programs are
funded by general funds.
Comment 14 We acknowledge the City’s plans to repay the ineligible amounts as
recommended in 1C and 1D.
Comment 15 We acknowledge the City’s plans to work with HUD in the audit resolution
process to support the questioned costs.
Comment 16 We acknowledge the City’s plans to implement and update additional procedures,
controls, and training to address the report’s recommendations.
33
Appendix C
Criteria
24 CFR 91.1, Subpart A - General
24 CFR 91.1(a), Purpose.
(2) The consolidated submission described in this part 91 requires the jurisdiction to state in one
document its plan to pursue these goals for all the community planning and development
programs, as well as for housing programs. It is these goals against which the plan and the
jurisdiction’s performance under the plan will be evaluated by HUD.
(b) Functions of plan. The consolidated plan serves the following functions:
(1) A planning document for the jurisdiction, which builds on a participatory process at
the lowest levels;
(2) An application for federal funds under HUD’s formula grant programs;
(3) A strategy to be followed in carrying out HUD programs; and
(4) An action plan that provides a basis for assessing performance.
2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
2 CFR 200.302, Financial Management.
(b)(3) Records that identify adequately the source and application of funds for federally-funded
activities. These records must contain information pertaining to Federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income and interest and be supported by
source documentation.
2 CFR 200.331, Requirements for pass through entities.
All pass-through entities must:
(b) Evaluate each subrecipient’s risk of noncompliance with Federal statutes, regulations, and the
terms and conditions of the subaward for purposes of determining the appropriate subrecipient
monitoring described in paragraph (e) of this section, which may include consideration of such
factors as:
(d) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for
authorized purposes, in compliance with Federal statutes, regulations, and the terms and
conditions of the subaward; and that subaward performance goals are achieved. Pass-through
entity monitoring of the subrecipient must include:
(1) Reviewing financial and programmatic reports required by the pass-through entity.
(2) Following-up and ensuring that the subrecipient takes timely and appropriate action on
all deficiencies pertaining to the Federal award provided to the subrecipient from the
passthrough entity detected through audits, on-site reviews, and other means.
34
2 CFR 200.403, Factors affecting allowability of costs.
Except where otherwise authorized by statute, costs must meet the following general criteria in
order to be allowable under Federal awards:
(g) Be adequately documented.
2 CFR 200.430, Compensation-personal services.
(i) Standards for Documentation of Personnel Expenses
(1) Charges to Federal awards for salaries and wages must be based on records that
accurately reflect the work performed. These records must:
(i) Be supported by a system of internal control which provides reasonable assurance that
the charges are accurate, allowable, and properly allocated.
(ii) Be incorporated into the official records of the non-Federal entity.
(vii) Support the distribution of the employee’s salary or wages among specific activities
or cost objectives if the employee works on more than one Federal award; a Federal
award and non-Federal award; an indirect cost activity and a direct cost activity; two or
more indirect activities which are allocated using different allocation bases; or an
unallowable activity and a direct or indirect cost activity.
(viii) Budget estimates (i.e., estimates determined before the services are performed)
alone do not qualify as support for charges to Federal awards, but may be used for
interim accounting purposes, provided that:
(A) The system for establishing the estimates produces reasonable approximations of
the activity actually performed;
(B) Significant changes in the corresponding work activity (as defined by the non-
Federal entity’s written policies) are identified and entered into the records in a timely
manner. Short term (such as one or two months) fluctuation between workload
categories need not be considered as long as the distribution of salaries and wages is
reasonable over the longer term; and
(C) The non-Federal entity’s system of internal controls includes processes to review
after-the fact interim charges made to a Federal awards based on budget estimates.
All necessary adjustment must be made such that the final amount charged to the
Federal award is accurate, allowable, and properly allocated.
(8) For a non-Federal entity where the records do not meet the standards described in this
section, the Federal government may require personnel activity reports, including prescribed
certifications, or equivalent documentation that support the records as required in this
section.
2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (Office of
Management and Budget Circular A-87)
2 CFR Part 225, Appendix B, Compensation for personal services.
(8)(h) Support of salaries and wages. These standards regarding time distribution are in addition
to the standards for payroll documentation.
35
(4) Where employees work on multiple activities or cost objectives, a distribution of their
salaries or wages will be supported by personnel activity reports or equivalent documentation
which meets the standards in subsection 8.h (5) of this appendix unless a statistical sampling
system (see subsection 8.h.(6) of this appendix) or other substitute system has been approved
by the cognizant Federal agency. Such documentary support will be required where
employees work on:
(a) More than one Federal award,
(b) A Federal award and a non-Federal award,
(c) An indirect cost activity and a direct cost activity,
(d) Two or more indirect activities which are allocated using different allocation
bases, or
(e) An unallowable activity and a direct or indirect cost activity.
(5) Personnel activity reports or equivalent documentation must meet the following
standards:
(a) They must reflect an after-the-fact distribution of the actual activity of each
employee,
(b) They must account for the total activity for which each employee is compensated,
(c) They must be prepared at least monthly and must coincide with one or more pay
periods, and
(d) They must be signed by the employee.
2 CFR Part 225, Appendix A
C. Basic Guidelines,
(1) Factors affecting allowability of costs. To be allowable under Federal awards, costs must
meet the following general criteria:
(a) Be necessary and reasonable for proper and efficient performance and administration of
Federal awards.
(j) Be adequately documented
(3)Allocable Costs
(a) A cost is allocable to a particular cost objective if the goods or services involved are
chargeable or assignable to such cost objective in accordance with relative benefits received.
(c) Any cost allocable to a particular Federal award or cost objective under the principles
provided for in 2 CFR Part 225 may not be charged to other Federal awards to overcome
fund deficiencies, to avoid restrictions imposed by law or terms of the Federal awards, or for
other reasons.
24 CFR Part 570, Community Development Block Grants
24 CFR 570.200, General policies.
(a) Determination of eligibility. An activity may be assisted in whole or in part with CDBG
funds only if all of the following requirements are met:
(5) Cost principles. Costs incurred, whether charged on a direct or an indirect basis, must
be in conformance with OMB Circulars A-87, “Cost Principles for State, Local and
36
Indian Tribal Governments”; A-122, “Cost Principles for Non-profit Organizations”; or
A-21, “Cost Principles for Educational Institutions,” as applicable.
24 CFR 570.202, Code enforcement.
(c) Costs incurred for inspection for code violations and enforcement of codes (e.g., salaries and
related expenses of code enforcement inspectors and legal proceedings, but not including the cost
of correcting the violations) in deteriorating or deteriorated areas when such enforcement
together with public or private improvements, rehabilitation, or services to be provided may be
expected to arrest the decline of the area.
24 CFR 570.205, Eligible planning, urban environmental design and policy-planning-
management-capacity building activities.
(a) Planning activities which consist of all costs of data gathering, studies, analysis, and
preparation of plans and the identification of actions that will implement such plans, including,
but not limited to:
(6) Policy—planning—management—capacity building activities which will enable the
recipient to:
(1) Determine its needs;
(2) Set long-term goals and short-term objectives, including those related to urban
environmental design;
(3) Devise programs and activities to meet these goals and objectives;
(4) Evaluate the progress of such programs and activities in accomplishing these goals and
objectives; and
(5) Carry out management, coordination and monitoring of activities necessary for
effective planning implementation, but excluding the costs necessary to implement such
plans.
24 CFR 570.206, Program administrative costs.
CDBG permits payment of reasonable program administrative costs and carrying charges related
to the planning and execution of community development activities assisted in whole or in part
with funds provided under this part and, where applicable, housing activities (described in
paragraph (g) of this section) covered in the recipient’s housing assistance plan. This does not
include staff and overhead costs directly related to carrying out activities eligible under §570.201
through §570.204, since those costs are eligible as part of such activities.
(a) General management, oversight and coordination. Reasonable costs of overall
program management, coordination, monitoring, and evaluation. Such costs include, but
are not necessarily limited to, necessary expenditures for the following:
(1) Salaries, wages, and related costs of the recipient’s staff, the staff of local
public agencies, or other staff engaged in program administration. In charging
costs to this category the recipient may either include the entire salary, wages, and
related costs allocable to the program of each person whose primary
responsibilities with regard to the program involve program administration
assignments, or the pro rata share of the salary, wages, and related costs of each
37
person whose job includes any program administration assignments. The
recipient may use only one of these methods during the program year.
(e) Indirect costs. Indirect costs may be charged to the CDBG program under a cost
allocation plan prepared in accordance with 2 CFR part 200, subpart E.
24 CFR 570.207, Ineligible activities.
(a)(2): The following activities may not be assisted with CDBG funds: General government
expenses. Expenses required to carry out the regular responsibilities of the unit of general local
government are not eligible for assistance under this part.
24 CFR 570.208, Criteria for national objectives.
(a) Activities benefiting low- and moderate-income persons. Activities meeting the criteria in
paragraph (a)(1), (2), (3), or (4) of this section as applicable, will be considered to benefit low
and moderate income persons unless there is substantial evidence to the contrary. In assessing
any such evidence, the full range of direct effects of the assisted activity will be considered.
(The recipient shall appropriately ensure that activities that meet these criteria do not benefit
moderate income persons to the exclusion of low income persons.)
(2) Limited clientele activities. (i) An activity which benefits a limited clientele, at least 51
percent of whom are low- or moderate-income persons. (The following kinds of activities
may not qualify under paragraph (a)(2) of this section: activities, the benefits of which are
available to all the residents of an area; activities involving the acquisition, construction or
rehabilitation of property for housing; or activities where the benefit to low- and moderate-
income persons to be considered is the creation or retention of jobs, except as provided in
paragraph (a)(2)(iv) of this section.) To qualify under paragraph (a)(2) of this section, the
activity must meet one of the following tests:
(A) Benefit a clientele who are generally presumed to be principally low and moderate
income persons. Activities that exclusively serve a group of persons in any one or a
combination of the following categories may be presumed to benefit persons, 51 percent
of whom are low- and moderate-income: abused children, battered spouses, elderly
persons, adults meeting the Bureau of the Census’ Current Population Reports definition
of “severely disabled,” homeless persons, illiterate adults, persons living with AIDS, and
migrant farm workers; or
(B) Require information on family size and income so that it is evident that at least 51
percent of the clientele are persons whose family income does not exceed the low and
moderate income limit; or
(C) Have income eligibility requirements which limit the activity exclusively to low and
moderate income persons; or
(D) Be of such nature and be in such location that it may be concluded that the activity’s
clientele will primarily be low and moderate income persons.
(b) Activities which aid in the prevention or elimination of slums or blight.
Activities meeting one or more of the following criteria, in the absence of substantial evidence to
the contrary, will be considered to aid in the prevention or elimination of slums or blight:
(1) Activities to address slums or blight on an area basis.
38
An activity will be considered to address prevention or elimination of slums or blight in
an area if:
(i) The area, delineated by the recipient, meets a definition of a slum, blighted,
deteriorated or deteriorating area under State or local law;
(ii) The area also meets the conditions in either paragraph (A) or (B):
(A) At least 25 percent of properties throughout the area experience one or more
of the following conditions:
(1) Physical deterioration of buildings or improvements;
(2) Abandonment of properties;
(3) Chronic high occupancy turnover rates or chronic high vacancy rates in
commercial or industrial buildings;
(4) Significant declines in property values or abnormally low property values
relative to other areas in the community; or
(5) Known or suspected environmental contamination.
(B) The public improvements throughout the area are in a general state of
deterioration.
(iii) Documentation is to be maintained by the recipient on the boundaries of the area and
the conditions and standards used that qualified the area at the time of its designation.
The recipient shall establish definitions of the conditions listed at § 570.208(b)(1)(ii)(A),
and maintain records to substantiate how the area met the slums or blighted criteria. The
designation of an area as slum or blighted under this section is required to be
redetermined every 10 years for continued qualification. Documentation must be
retained pursuant to the recordkeeping requirements contained at § 570.506 (b)(8)(ii).
24 CFR 570.501, Responsibility for grant administration.
(b) The recipient is responsible for ensuring that CDBG funds are used in accordance with all
program requirements. The use of designated public agencies, subrecipients, or contractors does
not relieve the recipient of this responsibility. The recipient is also responsible for determining
the adequacy of performance under subrecipient agreements and procurement contracts, and for
taking appropriate action when performance problems arise…
24 CFR 570.504, Program income.
(a) Recording program income. The receipt and expenditure of program income as defined in §
570.500(a) shall be recorded as part of the financial transactions of the grant program.
(b) Disposition of program income received by recipients.
(1) Program income received before grant closeout may be retained by the recipient if the
income is treated as additional CDBG funds subject to all applicable requirements governing
the use of CDBG funds.
(2) If the recipient chooses to retain program income, that program income shall be disposed
of as follows:
(i) Program income in the form of repayments to, or interest earned on, a revolving fund
as defined in § 570.500(b) shall be substantially disbursed from the fund before
additional cash withdrawals are made from the U.S. Treasury for the same activity. (This
39
rule does not prevent a lump sum disbursement to finance the rehabilitation of privately
owned properties as provided for in § 570.513.)
24 CFR 570.506, Records to be maintained.
Each recipient shall establish and maintain sufficient records to enable the Secretary to determine
whether the recipient has met the requirements of this part. At a minimum, the following records
are needed:
(a) Records providing a full description of each activity assisted (or being assisted) with
CDBG funds, including its location (if the activity has a geographical locus), the amount of
CDBG funds budgeted, obligated and expended for the activity, and the provision in subpart
C under which it is eligible.
(b) Records demonstrating that each activity undertaken meets one of the criteria set forth in
§ 570.208. (Where information on income by family size is required, the recipient may
substitute evidence establishing that the person assisted qualifies under another program
having income qualification criteria at least as restrictive as that used in the definitions of
“low and moderate income person” and “low and moderate income household” (as
applicable) at § 570.3, such as Job Training Partnership Act (JTPA) and welfare programs; or
the recipient may substitute evidence that the assisted person is homeless; or the recipient
may substitute a copy of a verifiable certification from the assisted person that his or her
family income does not exceed the applicable income limit established in accordance with §
570.3; or the recipient may substitute a notice that the assisted person is a referral from a
state, county or local employment agency or other entity that agrees to refer individuals it
determines to be low and moderate income persons based on HUD’s criteria and agrees to
maintain documentation supporting these determinations.) Such records shall include the
following information:
(1) For each activity determined to benefit low and moderate income persons, the income
limits applied and the point in time when the benefit was determined.
(2) For each activity determined to benefit low and moderate income persons based on
the area served by the activity:
(i) The boundaries of the service area;
(ii) The income characteristics of families and unrelated individuals in the service
area; and
(iii) If the percent of low and moderate income persons in the service area is less than
51 percent, data showing that the area qualifies under the exception criteria set forth
at § 570.208(a)(1)(ii).
(3) For each activity determined to benefit low and moderate income persons because the
activity involves a facility or service designed for use by a limited clientele consisting
exclusively or predominantly of low and moderate income persons:
(i) Documentation establishing that the facility or service is designed for the
particular needs of or used exclusively by senior citizens, adults meeting the Bureau
of the Census’ Current Population Reports definition of “severely disabled,” persons
living with AIDS, battered spouses, abused children, the homeless, illiterate adults, or
migrant farm workers, for which the regulations provide a presumption concerning
the extent to which low- and moderate-income persons benefit; or
40
(ii) Documentation describing how the nature and, if applicable, the location of the
facility or service establishes that it is used predominantly by low and moderate
income persons; or
(iii) Data showing the size and annual income of the family of each person receiving
the benefit.
(h) Financial records, in accordance with the applicable requirements listed in § 570.502,
including source documentation for entities not subject to parts 84 and 85 of this title.
Grantees shall maintain evidence to support how the CDBG funds provided to such entities
are expended. Such documentation must include, to the extent applicable, invoices,
schedules containing comparisons of budgeted amounts and actual expenditures, construction
progress schedules signed by appropriate parties (e.g., general contractor and/or a project
architect), and/or other documentation appropriate to the nature of the activity.
Notice CPD-14-016, Use of CDBG Funds for Code Enforcement Activities
Section I. What is Code Enforcement: The CDBG program will expect that localities emphasize
health and safety issues in buildings. Ancillary efforts to address violations of codes concerning
vacant lots, signs, and motor vehicles are permitted in conjunction with efforts regarding
buildings, but should form a minor part of the code enforcement program.
Section III. Eligible Conde Enforcement Costs: To conduct inspections in various areas within
its jurisdiction, code enforcement inspectors may require the use of a vehicle. According to §
570.207(b)(1)(iii), purchase of equipment not an integral structural fixture (such as vehicles)
with CDBG funds is eligible when necessary for use by a recipient or its subrecipients in the
administration of activities assisted with CDBG funds. However, the grantee must be able to
demonstrate that the vehicle is only being used for code enforcement inspections in CDBG-
eligible areas. This may require logs to be kept for each trip. The vehicle may not be used for
any other purpose.
Section IV. Ineligible Code Enforcement Costs: CDBG funds may be used for the costs for
inspection of code violations and enforcement of codes in deteriorating or deteriorated areas
when such enforcement together with public or private improvements, rehabilitation, or services
to be provided may be expected to arrest the decline of the area. While the cost of correcting the
violations is not an eligible code enforcement cost under §570.202(c), the regulation states that
code enforcement must be performed in conjunction with improvements, rehabilitation, or
services. The purpose of this requirement is to ensure that the deteriorated or deteriorating areas
are being made safe and sanitary for the general public, not to generate revenue via code
violation fines.
Grantees may trigger concerns about the eligibility of code enforcement if it appears that the
CDBG program is being used for general government expenses... As fiscal stress has put
pressure on local budgets, HUD has seen examples of significant increases in CDBG code
enforcement budgets, while overall spending on enforcement remains the same. Grantees should
use CDBG for code enforcement as appropriate to advance the goals of the CDBG program in
areas designated for such activity.
41
Grantees may not use CDBG funds to pay for code enforcement inspections and enforcement in
every area or neighborhood or for a grantee’s entire jurisdiction (e.g., city- or county-wide)
unless the entire jurisdiction is deteriorating.
Section V. National Objectives for Code Enforcement:
F. Other National Objective Compliance Considerations
Grantees must ensure that they are not paying the salaries for code enforcement personnel over
their entire jurisdiction, unless the grantee has determined that its entire jurisdiction is
deteriorated or deteriorating. The areas where the inspections are being carried out using code
enforcement inspectors whose salaries are paid with CDBG funds must be deteriorated or
deteriorating. In some communities, this will be areas that demonstrate substantial abandonment
or that are designated as slum/blighted areas by local or state law.
Section IX. Record Keeping Requirements: In addition, grantees must also have records that
demonstrate how activities meet the criteria for national objectives in §§ 570.208 or 570.483.
Records that grantees should maintain when carrying out CDBG-assisted code enforcement
activities include:
• The state and local law definitions of deteriorated/deteriorating.
• A description of the conditions of the areas in which CDBG funds are used for code
enforcement, demonstrating that these areas meet the state local law definition of
deteriorated/deteriorating.
• Identification of other activities to be carried out (whether CDBG-assisted or not) that
will arrest the decline of the areas and their funding sources.
Grantees should also be able to justify expenses for necessary equipment and their use (e.g.,
uniforms/coveralls, handheld computers, gasoline, vehicle lease payments or use allowances).
Grantees should maintain salary records (salaries, benefits, timesheets) of code enforcement
inspectors being paid with CDBG funds and a description of all areas they are responsible for
inspecting.
CDBG funds may be used to pay for salaries, related benefits and costs such as uniforms,
equipment, and vehicle use allowances, only for staff responsible for conducting inspections in
specific target areas or areas that meet the low- and moderate-income area benefit national
objective. Furthermore, such costs should be supported by time distribution records (if costs are
treated as direct charges) or an indirect cost allocation plan prepared in accordance with
applicable Federal cost principles.
Basically CDBG Handbook, Chapter 12
IDIS Online also provides grantees with a mechanism to describe the projects and activities that
used CDBG funds. The information captured by IDIS Online helps demonstrate to HUD that the
activity was eligible and met a national objective. The system also collects accomplishment and
performance measurement data and, therefore, plays an important role in the CPD Performance
Measurement Initiative.
42
Grantees must enter data on the activity level in the following steps: setting up, funding,
drawing, and completing/reporting accomplishment data. Consistency of reporting on IDIS
Online activities is crucial, and policies and procedures must be incorporated into day-to-day
program management.
Guide to National Objectives and Eligible Activities for Entitlement Communities
Chapter 2, Categories of Eligible Activities: Code enforcement involves the payment of salaries
and overhead costs directly related to the enforcement of state and/or local codes.
Federal Financial Report Instructions to Standard Form 425
Reporting Requirements
1) The submission of interim FFRs [Federal financial reports] will be on a quarterly, semi-
annual, or annual basis, as directed by the Federal agency.
City of Fresno’s 2014 Policies and Procedures
Project Monitoring
Depending on the complexity of the specific project, CDBG Program staff will formally monitor
departments and subrecipients one or more times during the program year.
Other Financial System Requirements
A City department and subrecipient’s financial system must be set up to satisfy an auditor
conducting a single unit or independent audit, whichever applies. During an audit, the auditor
will examine records to ascertain if:
• Funds are properly budgeted and approved;
• Budget revisions have been documented and approved;
• Personnel charges are properly allocated to the block grant and based on payroll
documents such as time and attendance records;
• All expenditures can be traced to source documents (i.e., purchase orders, invoices,
canceled checks);
• Drawdowns have been timely;
• Only allowable funds have been claimed on the project;
• The City department and subrecipient accounting system reflects all assets, liabilities,
etc.;
• In addition, the auditor will ascertain if the City department and subrecipient’s program
has been accomplished in the manner set out in the application and/or the contract with
the grantee, the City.
3) CDBG Expenditures and Requests for Reimbursement – City Departments
Once the City Budget is adopted by Council, each fiscal year CDBG funds awarded to City
departments are centrally loaded by the Finance Department into each Department’s assigned
“Org”. An Org is the budget control number assigned to the functions and/or sections of a
department.
43
Internal Controls
To maintain budget controls regarding comingling of funds, CDBG amounts are loaded into
Department Orgs and are identified by a “Fund” number. City Departments have various non-
CDBG funds to implement programs and activities. CDBG funds are allocated only to Fund
20501 across a standardized chart of accounts that meet general accounting principles.
44
Appendix D
Breakdown of Questioned Costs
Schedule of ineligible expenses
Job title Expense description Ineligible
amount
General fund payroll charged to code
enforcement for fiscal years 2014 to 2016
Senior community
revitalization specialist
Recurring vehicle allowance - pay period ending
May 17, 2015 $8
Senior community
revitalization specialist
Salaries and fringe - pay period ending May 17,
2015 305
Community revitalization
technician
Salaries and fringe - pay period ending May 15,
2016 99
Senior community
revitalization specialist
Salaries and fringe - pay period ending June 1,
2014 486
Community revitalization
specialist
Salaries and fringe - pay period ending June 29,
2014 40
Senior community
revitalization specialist
Salaries and fringe - pay period ending August 9,
2015 3,627
Subtotal 4,565
Tire team salaries charged to code enforcement
for fiscal years 2012 to 2014
Community revitalization
specialist Salaries and fringe for fiscal years 2012 to 2014 22,967
Senior community
revitalization specialist Salaries and fringe for fiscal year 2012 47,537
Community revitalization
specialist Salaries and fringe for fiscal years 2012 to 2013 17,287
Temporary employee Salaries and fringe for fiscal year 2013 3,279
Temporary employee Salaries and fringe for fiscal years 2013 to 2014 15,933
Community revitalization
specialist Salaries and fringe for fiscal year 2013 (742)
Temporary laborer Salaries and fringe for fiscal year 2014 8,660
Community revitalization
specialist Salaries and fringe for fiscal year 2014 24,150
Subtotal, tire team 139,071
Subtotal, code enforcement 143,636
Graffiti salaries for fiscal year 2016
Lead inspector
Staff hours allocated to non-CDBG-eligible area
in fiscal year 2016 4,140
45
Inspector - graffiti abatement
Staff hours allocated to non-CDBG-eligible area
in fiscal year 2016 5,383
Inspector - graffiti abatement
Staff hours allocated to non-CDBG-eligible area
in fiscal year 2016 180
Inspector - graffiti abatement
Staff hours allocated to non-CDBG-eligible area
in fiscal year 2016 409
Inspector - graffiti abatement
Staff hours allocated to non-CDBG-eligible area
in fiscal year 2016 5,930
Inspector - graffiti abatement
Staff hours allocated to non-CDBG-eligible area
in fiscal year 2016 3,877
Subtotal
19,919
Total 163,555
Schedule of unsupported expenses
Expense description Unsupported
amount
Code enforcement expenditures between fiscal years 2012 and 2017
Unsupported code enforcement salaries between fiscal years 2012 and 2016
$441,442
Unsupported management, administrative, and other salaries
357,821 13
Unsupported adjustments between fiscal years 2012 and 2014
203,602
Unsupported vehicle maintenance, gas, and portable radio between fiscal
years 2013 and 2014 109,877
Additional unsupported payroll between fiscal years 2012 and 2017 3,509,400 14
Other unsupported amounts between fiscal years 2013 and 2017 1,907,359 15
Subtotal 6,529,501
After school program drawn down in fiscal years 2015 and 2016
Voucher number 5851177 628,316
Voucher number 5911128 417,057
Voucher number 5921094 61,626
Subtotal 1,107,000
13 The total unsupported management, administrative, and other salaries for fiscal years 2012 to 2014 was $640,594;
however, the amount was adjusted down to $357,821 to avoid double counting funds that HUD had previously
questioned in its HUD monitoring report (Background and Objective section).
14 This amount represents the payroll charged to CDBG, net of the payroll reviewed.
15 This amount represents other charges to CDBG, net of total drawn and the unsupported and questionable amounts.
46
Graffiti salaries for fiscal year 2016
Lead inspector - staff hours allocated to other hours in fiscal year 2016 5,224
Inspector - graffiti abatement - staff hours allocated to downtime hours in
fiscal year 2016 4,159
Inspector - graffiti abatement - staff hours allocated to downtime hours in
fiscal year 2016 3,978
Inspector - graffiti abatement - staff hours allocated to downtime hours in
fiscal year 2016 2,890
Inspector - graffiti abatement - staff hours allocated to downtime hours in
fiscal year 2016 2,477
Inspector - graffiti abatement - staff hours allocated to downtime hours in
fiscal year 2016 3,284
Community sanitation manager 25,267
Police lieutenant 15,020
Police lieutenant 7,371
Additional unsupported amount questioned 148,358
Subtotal 218,028
Fair Housing Council of Central California drawn down in fiscal years
2015 and 2016
Fiscal year 2015, quarters 1 to 4 25,000
Fiscal year 2016, quarters 1 to 4 30,000
Subtotal 55,000
Total 7,909,529
HCDC Public Hearing–April 25, 2018
Housing and Community Development Commission (HCDC) Meeting
Public Comments Received
Upon call for public comment, the following people addressed the HCDC:
1. TBD
HCDC Needs Hearing– April 25, 2018
Housing and Community Development Commission (HCDC) Meeting
Housing and Community Development Commission Comments Received
Upon call for Commissioner comments and questions, the following Commissioners
spoke:
1. TBD
City Council Public Hearing–May 10, 2018
Fresno City Council Meeting
Public Comments Received
Upon call for public comment, the following people addressed the Council:
1. TBD
Draft
2018-19 Annual Action Plan
Presented to Fresno City Council – May 10, 2018
5-Year Consolidated Plan Priorities
Increase development, preservation, and rehabilitation of
affordable housing for low-income and special needs
households.
Provide assistance for the homeless and those at risk of
becoming homeless through Housing First collaborations.
Provide assistance to low-income and special needs
households.
Provide public facilities improvements to strengthen
neighborhood revitalization.
2018-19 Annual Action Plan Budget
Program Uses of Funds
Amount Available Year 4: 2018-19
Annual
Allocation:
Program
Income:
Prior Year
Resources:
Total:
CDBG Acquisition & Rehabilitation, Housing, Admin & Planning,
Economic Development, Public Improvements, Public Services 6,422,423 206,500 0 6,628,923
HOME
Acquisition, Homebuyer assistance, Homeowner rehab,
Multifamily rental new construction, Multifamily rental rehab,
New construction for ownership, TBRA
2,204,672 315,000 150,949 2,670,621
ESG
Conversion and rehab for transitional housing, financial
assistance, overnight shelter, rapid re-housing (rental assistance),
Rental assistance, Services, Transitional Housing
569,903 0 0 569,903
HOPWA
Permanent housing in facilities, Permanent housing placement,
STRMU, Short term or transitional housing facilities, Supportive
services, TBRA
441,305 0 0 441,305
$ 10,310,752
CDBG Specific Activities
Eligible Activity Funding
Level
Public Facilities and Improvements 1,961,000
Public Services1 (14.5%) 960,215
Housing Activities 1,600,000
Section 108 Loan Payment 900,000
Administration & Planning2 (18.2%) 1,207,708
TOTAL 6,628,923
1 Public Services cannot exceed 15%
2 CDBG Planning & Administration cannot exceed 20%
CDBG Public Facilities & Improvements
Eligible
Activity Desired Outcome Funding
Level
Neighborhood
Street
Improvements
•Shields/Dakota/West/Crystal Pavement Reconstruction Street
Improvements ($461,000)
•El Dorado Pavement Reconstruction Street Improvements ($175,000)
•Hidalgo Sidewalk/Curb Improvements ($250,000)
886,000
Park Facility
Improvements
•Romain ($125,000): Tot Lot
•Granny’s Park ($150,000): Modular
•Hinton ($250,000): Restrooms and New Field Lighting
•TBD ($50,000)
575,000
Community
Facility
Improvements
•Marjaree Mason Center Rehab ($300,000)
•WestCare Facility Fire System ($120,000)
•Poverello House Heating/Cooling ($45,000)
•Helping Others Pursue Excellence ADA Compliance ($35,000)
500,000
TOTAL 1,961,000
CDBG Public Services
ConPlan Priority: Provide assistance to low-income and special needs households.
Eligible Activity Desired Outcome Funding
Level
After School Programs
(PARCS
Provide activities for youth at centers in low income areas;
activities include sports, games, arts/crafts, science, healthy cooking,
drama/performance arts, leadership, fitness/nutrition, and
homework assistance. City performed at 10 sites (595,000) and
Fresno EOC Subrecipient Agreement at 5 sites (36,215)
631,215
Senior Hot Meals
Serve seniors with lunch-time nutrition programs supported by
activities and services including special events, fitness classes, crafts,
leisure learning trips, and basic computer training
185,000
Subrecipient (Nonprofit)
Services
•Boys and Girls Club Youth Services at 3 sites (75,000)
•Helping Others Pursue Excellence Section 3 (15,000)
•Lowell CDC Tenant Counseling (25,000) & Capacity Building
(25,000)
•Poverello House Homeless Services (9,000)
144,000
TOTAL 960,215
CDBG Housing Activities
ConPlan Priority: Increase development, preservation, and rehabilitation of affordable housing
for low-income and special needs households.
Eligible Activity Desired Outcome Funding Level
Lead Paint Abatement and
Rehabilitation
Remediate Lead Based Paint in residential units with at least
one child under the age of 6. Minor rehabilitation program. 300,000
Senior Paint Program
Provide exterior paint and minor repairs to low income
owner occupied homes, primarily seniors 62+. City
performed (100,000) Subrecipient Agreement with Habitat
for Humanity (215,000)
315,000
Roof Replacements Subrecipient Agreement with Fresno County EOC. 285,000
Rehabilitation Subrecipient Agreement with Self-Help Enterprises 500,000
Housing Rehab Program
Delivery Administration of City performed programs. 200,000
TOTAL 1,600,000
CDBG Planning and Administration
ConPlan Priority: Support all priorities.
Eligible Activity Desired Outcome Funding
Level
Housing Development and Program Administration,
Historic Preservation, Environmental Assessments,
and Program Administration
Regulatory Compliance 1,167,708
Fair Housing Council
Subrecipient Agreement with the
local fair housing provider to assist
with Fair Housing efforts
40,000
TOTAL 1,207,708
HOME Program Specific Activities
Eligible
Activity Desired Outcome Funding
Level
Rental Housing
Development
Leverage private investment for the substantial renovation
or new construction of affordable rental housing 2,522,391
TBRA
Provide for Tenant Based Rental Assistance (TBRA) to assist
households terming out of homeless assistance or to
prevent homelessness (Housing Authority)
667,000
CHDO
Community Housing Development Organization (CHDO)
Capacity Building and Development of Single Family Housing
for Sale to Low-Moderate Income Households (Habitat)
481,650
Administration Program Oversight and Regulatory Compliance as required
by HUD for administration of the funding 251,967
TOTAL 3,923,008
ConPlan Priority: Increase development, preservation, and rehabilitation of
affordable housing for low-income and special needs households.
ESG Program Specific Activities
ConPlan Priority: Provide assistance for the homeless and those at risk of
becoming homeless through Housing First collaborations.
Service Provider Funding Level
Marjaree Mason Center 312,595
WestCare California 190,862
Poverello House 11,000
HMIS Administrator (FHA) 19,946
City Administration (5%) 35,500
TOTAL $ 569,903
•ESG Administration is capped 7.5% of the HUD ESG award to the City. City retains
two -thirds of the administrative cap and passes through one-third to subrecipients
HOPWA Specific Activities
Eligible Activities Funding Level
Housing Information Services 54,608
Rental Assistance
-TBRA
-STRMU
183,214
Emergency Shelter 51,100
Supportive Services 141,619
City Administration (3%) 13,239
TOTAL 441,305
Sole applicant for HOPWA funds, WestCare California, is the recommended
subrecipient.
HOPWA regulations limit subrecipient indirect cost reimbursement to 7% of the
funding award. The funding level for each of the above activities is inclusive of any
indirect cost reimbursement.
ConPlan Priority: Provide assistance to low-income and special needs households
Questions and Comments
100
Helping Others Pursue Excellence 4974 E. Clinton ADA Improvements 55.7
Marjaree Mason Center Safe House Kitchen Improvements 80.7
Poverello House HVAC System Upgrade/Replacement 68.8
Warnor Center for Performing Arts Theater Renovations 38.3
Westcare California MLK Facility Fire Safety and Flooring 74.6
Fresno EOC 1) Roofing, 2) Solar installation & 3) Weatherization Program 83.9
Habitat for Humanity 1) Emergency Home Repair City-wide for Seniors; 2) Minor Repair in NRT Areas; and 3)
Roof Repair/Replacement NRT Areas and City-wide to Seniors 86.6
Self-Help Enterprises 1) Emergency Home Repair City-wide for Seniors; 2) Minor Repair in NRT Areas; 3) Roof
Repair/Replacement NRT Areas and City-wide to Seniors; and 4) Housing Rehabilitation 73.8
100
Boys and Girls Club of Fresno County Youth Development Services 86.3
Fresno County EOC Afterschool and recreation program 85.5
Helping Others Pursue Excellence Business training for Section 3 eligible business enterprises 74.9
Lowell CDC Nonprofit capacity building 72.7
Lowell CDC Tenant education 80.3
Fresno County EOC Rapid Re-housing ($150,867)90.2
Marjaree Mason Center Emergency shelter ($185,220K), and Rapid Re-housing ($175,901)96.5
Poverello House Emergency Shelter ($20,000)95.4
Westcare California/Turning Point of Central
California
Emergency Shelter ($100,000), Rapid Re-housing ($296,920), Homeless Prevention
($25,075)96.0
Scoring Results
100
100
Public and Community Services
Homeless and Homelessness Prevention
Community and Homeless Facility Improvements
Home Repair Programs
Housing and Community Development Commission Meeting | March 14, 2018
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
EMERGENCY SOLUTIONS GRANT (ESG)
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0460 Agenda Date:5/10/2018 Agenda #:
REQUEST TO APPEAR
Appearance by Gidai Maaza and Cesar CasaMayor to discuss cannabis
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0590 Agenda Date:5/10/2018 Agenda #:
REQUEST TO APPEAR BEFORE COUNCIL
Appearance by Carmen Navarro to discuss Fresno Senior Centers
City of Fresno Printed on 3/14/2023Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0592 Agenda Date:6/14/2018 Agenda #:3-E
REPORT TO THE CITY COUNCIL
June 14, 2018
FROM:MICHAEL LIMA, Finance Director
Finance Department
BY:TODD KNITTEL, Manager, Purchasing
Finance Department
SUBJECT
Workshop relating to procurement
Attachment:PowerPoint Presentation
City of Fresno Printed on 3/13/2023Page 1 of 1
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PROCUREMENT PRACTICES
City Standards
WORKSHOP PURPOSE
The purpose of this workshop is to help explain common
Procurement vehicles used by Staff during the procurement
process, as it relates to the City Charter, A.O.’s and the
Municipal Code.
Areas covered will include:
Piggybacks and Cooperative Contracts
Requirements Contracts
Sole Source
Competitive Bidding, RFP’s, and RFQ’s
Consultant Contracts
1
CONTRACTING ELEMENTS
Authority
Materials, supplies, equipment and public work of improvement
Procurement – Charter 1208 & Municipal Code 4-107
Services Procurement – Fresno Municipal Code 4-107
Professional Services Procurement – Administrative Order 6-19
Non-professional Services Procurement -Administrative Order 6-28
Competitive Process
Appropriation
Legal Review
Contract Compliance
Monitors contracts 1 year or longer
Monitors insurance
Sends reminders to staff regarding contract deadlines
2
REGULATED COMMUNICATIONS ORDINANCE –
NO CONTACT RULE
Bidders and proposers may not communicate with any elected
official regarding a project during the procurement process.
Applies to competitive bids, RFQs, and RFPs.
Bidders or proposers who violate the ordinance may be found
non-responsive and may not be awarded the contract
Any communications to elected officials must be disclosed in
writing within 24 hours
3
PIGGYBACKS/COOPERATIVE CONTRACTS-
WHEN DO WE USE?
An exception to the Charter’s competitive bidding
requirement.
Often used for material, supplies or equipment (i.e. goods), or
where time constraints of conducting a bid are not feasible.
These contracts also reduce administrative costs, save
resources, and are faster to implement.
They offer competitive volume pricing due to larger agencies
(federal, state, and local) contracting and usage.
Purchasing focuses on what the cost comparison was to
determine price and best value before using a piggyback or
cooperative.
Example: Restroom at Cary Park
4
REQUIREMENTS CONTRACTS (RC’S)
Generally 1-year contracts with 2 one-year extensions
Provides City/Departments with locked in pricing for first year term
Departments or Purchasing may identify the need for a
Requirements Contract
Requirements Contracts may be:
Competitively Bid (low bidder)
RFP (best value)
Piggyback (cost comparison vetted)
Example: Staples City Wide Office Supply Account
5
SOLE SOURCE (A.O. 3-3)
Departments must provide justification to Purchasing why
their particular project requires a sole source consideration
and why the vendor of choice should be considered.
Many Sole Source/Single Source scenarios are a result of
City Business decisions.
If Purchasing approves the Sole Source/Single Source, the
Department must create and submit a Sole Source memo to
the City Manager for approval. Only then can the department
move forward.
Example: Cummins engine parts – Transportation Dept.
6
COMPETITIVE BIDS (CITY CHARTER SECTION 1208)
Informal bids are under $135,000; Formal bids are over
$135,000. Both are awarded to the lowest responsive and
responsible bidder.
The Charter requires competitive bidding for goods and public
works of improvement (i.e. construction) over $135,000. All
formal bids are awarded by Council.
Requests for Quotation may be used for products under the
formal bid limit, where we typically require three quotes, and
the lowest responsive and responsible quote gets the award.
Local Preference typically applies to competitive bids, unless
funding sources prohibits the preference (i.e. federal or state).
We will look at how much we are spending on local preference
and in Fresno at the end of the presentation.
7
WHEN DO WE USE RFP’S?
A RFP is a solicitation for services where the award is based
on specific criteria, and is not awarded based on price alone,
but is based on best value.
Generally, a RFP cannot be used for Public Works of
Improvement contracts, as Public Works contracts must be
awarded to the lowest responsive and responsible bidder
(Charter section 1208). A Design/Build project may use a RFP
as allowed by the Charter and Municipal Code.
A committee evaluates an RFP to determine best value.
Example: Grizzlies Concessionaire Services
8
WHEN DO WE USE RFQ’S?
A RFQ is also used to solicit qualifications from proposers, but
unlike an RFP does not include the cost.
RFQ’s also give the City the opportunity to select the most
qualified firm that best meets the needs of the City.
A RFQ allows the City to have more flexibility and may allow
the proposers to use their expertise to complete or develop
the scope of work. Opposed to a RFP, which will typically have
a fully developed scope and/or technical specifications.
Example: Consulting Services for Five Year Rate Plan for
DPU
9
EXCEPTIONS TO THE RFP/RFQ PROCESS
Emergency or exigent circumstances.
The service provider is uniquely qualified.
Uniquely Qualified – a service provider with unique skills,
experience, fitness, familiarity or other factors enabling it to
perform the proposed services. A uniquely qualified service
provider does not have to be the sole provider of the
services for the particular project, but must provide
qualification(s) which other service providers lack making
the service provider the best option for the City.
Example: Police Department Body Cameras and Tasers
10
LOGISTICS OF RFP’S OR RFQ’S
Purchasing facilitates the RFP process from beginning to end
for any given department.
Departments provide Purchasing with a list of proposed
committee members.
Committee members evaluate a number of criteria, including
proposer’s ability to meet the stated service requirements,
cost, past performance and experience (based on references),
conformance to terms and conditions, financial stability and
other related information including any reference in the RFP to
“proposer shall or must” meet said requirement.
On average, from development of the RFP to Council
approval, the process takes approximately 120 days, but may
vary depending on the complexity of the RFP.
11
CONSULTING CONTRACTS-WHEN DO WE GO
TO COUNCIL?
Council delegates authority to the City Manager to enter into
all Contracts for all services $50,000 and under. (Municipal
Code Section 4-107)
Services Contracts over $50,000 must be approved by
Council.
Any material amendments to a Consultant Contract, which
causes the contract to exceed $50,000, or where the contract
already exceeds $50,000, must be approved by Council.
Example: Personnel Recruitment for Dept. Director Position
12
CITY EXPENDITURES WITH NON-LOCAL AND
LOCAL VENDORS
Description of Expenditure
FY15
Amount
FY15
% of Total
FY16
Amount
FY16
% of Total
FY17
Amount
FY17
% of Total
Total Voucher Payments Issued $ 267,748,355 100%$ 293,169,332 100%$ 431,864,951 100%
Total Non Local Vouchers $ 88,007,937 33%$ 87,785,411 30%$ 170,729,288 40%
Total Voucher Payments in the
Local Preference Area (includes
City)$ 179,740,418 67%$ 205,383,921 70%$ 261,135,663 60%
Total Vouchers Issued in the City
of Fresno $ 119,293,482 45%$ 150,560,323 51%$ 181,097,908 42%
Total Vouchers Issued outside
City of Fresno-within Local
Preference Area $ 60,446,936 22%$ 54,823,597 19%$ 80,037,754 18%
13
OPTIONS FOR NON-DISCRIMINATION
EVALUATION
Decrease the term of agreements.
Require Service providers to inform the City within 30 days of
any fine, penalty, judgment, or settlement for discriminatory
practices.
Require Service providers to submit an annual report of all
Community Reinvestment Act dollars spend within the Fresno
city limits.
14
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0589 Agenda Date:5/10/2018 Agenda #:
CEREMONIAL PRESENTATION
Recognition of the Fresno Youth Commission
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0491 Agenda Date:5/10/2018 Agenda #:3-A
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:SCOTT MOZIER, PE, Director
Public Works Department
BY:ROBERT N. ANDERSEN, PE, Assistant Director
Public Works Department
BILL HERR, Construction Manager
Public Works Department, Construction Management Division
SUBJECT
BILL -(For introduction)-Replacing Section 4-104 of the Fresno Municipal Code and Rescinding
Resolution No. 2003-130, Relating to Debarment
RECOMMENDATIONS
Staff recommends the Council consider for introduction an Ordinance replacing Section 4-104 of the
Fresno Municipal Code and Rescinding Resolution 2003-130, Relating to Debarment.
EXECUTIVE SUMMARY
In order to promote integrity in the City’s contracting processes and protect the public interest,the
City only conducts business with responsible bidders and contractors.Section 4-104 of the Fresno
Municipal Code,which pertains to debarment procedures,is being recommended by staff for
replacement in order to improve the delivery of construction projects for the community.Debarment
refers to an action taken by the City which prohibits a bidder or contractor being able to bid,propose,
receive a contract award or perform work on a City contract for a defined period of time.
The recommended changes to the ordinance would set forth the grounds for debarment and
suspension,provide clear procedures for notifications to bidders or contractors,and improve the
process for appeals and hearings related to debarment by incorporating the recently established
Capital Projects Oversight Board into the process.The proposed changes also allow the City to
establish a proactive process in which a contractor could be precluded from participating in future
bids due to a history of poor performance.
BACKGROUND
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At the present time,Section 4-104 of the Fresno Municipal Code states that “any bidder for a city
contract who has been determined by the Council to be non-responsible may be debarred in
accordance with a resolution adopted by Council establishing procedures and requirements for
debarment.Such procedures shall include a right to appeal from a determination for debarment
pursuant to Chapter 1,Article 4 of this Code.”The Council previously adopted Resolution 2003-130
which outlines those detailed procedures.Staff is recommending the Council approve modified
procedures by adopting the new ordinance and rescinding the older resolution for the following
reasons:
·With the City Manager’s current debarment authority limited to those bidders whom the
Council has determined to be non-responsible,there is the potential for construction projects
to be delayed while such a contractor goes through an appeals process after the City open
bids and advises such a bidder of the recommended finding of non-responsibility.
·The resolution currently in effect requires up to two hearings,one with the City Manager and
one with the Independent Hearing Officer,with the debarment not becoming effective until
after both hearings have occurred.A survey of other cities has demonstrated that a single
hearing is the general practice.
·Staff recommends that incorporating members of the Capital Projects Oversight Board into the
process would be appropriate.The Board members’role would be to consider appeals of
proposed debarment for one to three years.Appeals of proposed permanent debarments
would continue to be heard by an Independent Hearing Officer.
·The criteria listed in the proposed ordinance have been expanded and are more specific than
the criteria previously adopted by the Council in Resolution 2003-130.Staff recommends that
the new ordinance will provide greater clarity and be consistent with other large cities.
·The new ordinance would also apply to subcontractors and suppliers,whereas the current
resolution in effect only allows for debarment of bidders deemed non-responsible.
The City of Fresno regularly awards contracts to responsive,responsible bidders to perform
numerous public works of improvements throughout the City.These projects range from relatively
small building maintenance projects such as re-roofing or air conditioning replacement,to moderate-
sized projects such as street repaving and traffic signals,to major capital projects such as Bus Rapid
Transit,Fulton Street,new community parks or new surface water treatment facilities.For each
awarded project,the contract includes a scope of work which is usually defined by a set of approved
plans and specifications,along with an allowable amount of contract time in which to complete the
project.Contractors who exceed the allowed number of working days or calendar days become
subject to liquidated damages,a reduction in construction contract payments in order to compensate
the owner (City) for damages due to late performance.
The vast majority of projects proceed in a satisfactory manner from award to completion.Out of 134
recently completed contracts managed by the Public Works Department,Construction Management
Division,10 of those,or 7.5%,involved liquidated damages for a late finish to the project.However,
where problems occur,debarment is an important tool to ensure that the City of Fresno does not
continue to do business with bidders and/or contractors who meet the debarment criteria as found in
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the ordinance.
Permanent or temporary debarment would be considered for any of the following:
Permanent Debarment
·Criminal offenses such as embezzlement,theft,bid rigging,perjury,forgery,bribery,
falsification or destruction of records, conspiracy, collusion, or receiving stolen property.
·Corrupt practices in bidding, award, administration or performance of a Contract.
·Operating in a manner designed to evade the application of this Section of the Municipal
Code.
·Four or more unsatisfactory performance evaluations in a four-year period.
·Commission of acts or omissions so serious or compelling in nature that it affects the present
responsibility of the Bidder or Contractor to be awarded a Contract or participate as a
subcontractor.
Temporary Debarment (periods from one to three years are outlined in the Ordinance)
·Willful breach of a material term of a Contract.
·Violation of a local, state or federal law or regulation applicable to a Contract.
·Repeated substandard performance evaluations on Contracts.
·Failure to complete work required on time and/or within budget when such failure is
attributable to the Bidder’s or Contractor’s negligent or wrongful actions or inactions.
·Substandard quality of work.
·Failure to complete work and the City calls upon the surety (performance bond holder)to
complete the work.
·The amount of time to complete the work exceeds the greater of 10%of the project schedule
or two calendar weeks beyond the required contract completion date.
·Contractor’s inability to acquire the necessary insurance coverage within thirty days of being
awarded the Contract.
·Any negligent or wrongful failure to cooperate with the City such that timely,satisfactory
completion of the work was jeopardized.
·Use of substandard materials,or failure to furnish and install materials in accordance with
Contract requirements.
·Submission of materially false information related to eligibility as a Disadvantaged Business
Enterprise.
·Engaging in unlawful discrimination in employment.
·Failure to pay prevailing wages as required in the Contract.
The Ordinance includes appropriate provisions for the appeal of a temporary debarment to a
Debarment Hearing Board,which would be composed of members of the Capital Projects Oversight
Board;and for the appeal of permanent debarments to an Independent Hearing Officer.The
Ordinance also allows for the appeal of final performance evaluations to the Public Works Director
(for construction contracts)or Purchasing Manager (for products).These provisions are designed to
provide for an objective and transparent process, in order to best protect the public interest.
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The ordinance has been approved as to form by the City Attorney’s Office.
ENVIRONMENTAL FINDINGS
A change to the City’s Debarment Ordinance is not a “project”for the purposes of the California
Environmental Quality Act (“CEQA”)as it will not result in a direct or indirect change in the
environment.
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
Implementation of the recommended ordinance is anticipated to be revenue neutral at minimum.
Some savings will be achieved in City construction management expenses and operational costs
through improved on-time delivery of projects and quality work by contractors.
Attachments:
Ordinance
Resolution 2003-130
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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________ Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO,
CALIFORNIA, REPLACING SECTION 4-104 OF THE
FRESNO MUNICIPAL CODE, RELATING TO DEBARMENT
THE FRESNO CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 4-104 of the Fresno Municipal Code is repealed.
SECTION 2. Section 4-104 of the Fresno Municipal Code is added to read:
SECTION 4-104. DEBARMENT.
(a) Findings.
(1) The Council finds that contracting with the City of
Fresno is an important municipal affair, and that the award of
contracts to contractors who fail to deal with the city in good faith
compromise the integrity of the contracting process and results in
the improper expenditure of public funds. The Council recognizes
the city must afford contractors due process in any determination
that precludes any individual or business entity from participating in
the contracting process. This Section does not apply to a
determination of nonresponsibility or a single contract or identifiable
group of contracts, but for the broader determination of
irresponsibility of a contractor for the general purpose of contracting
with the city for a specified period. The Council therefore adopts
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this ordinance to prescribe standard procedures for the
prosecution, determination, and implementation of administrative
debarments.
(b) Purpose and Intent.
(1) In order to promote integrity in the city’s contracting
processes and to protect the public interest, the city shall only do
business with responsible bidders and contractors.
(2) This Section sets forth the grounds for debarment and
suspension.
(c) Definitions.
(1) “Adequate Evidence” means information sufficient to
support the reasonable belief that a particular act or omission has
occurred.
(2) “Affiliate” means
(i) the assignee, successor, subsidiary of, or
parent company, of another person; or
(ii) a Controlling Stockholder of a person; or
(iii) a person who has the same or similar
management of the debarred corporate or other legal entity;
or
(iv) a person who directly or indirectly controls, or
has the power to control, another person, or is directly or
indirectly controlled by another person. Indicia of control
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include interlocking Management or ownership, identity of
interests among Relatives, shared facilities and equipment,
and common use of employees; or
(v) a business entity organized following the
debarment, suspension, or proposed debarment of a person
which has the same or similar Management, ownership or
principal employees as the bidder or contractor that was
debarred, suspended or proposed for debarment, or the
debarred person or the business entity created after the
debarment, suspension, or proposed debarment operates in
a manner designed to evade the application of this Section
or to defeat the purpose of this Section.
(3) “Bidder” means a person who submits a bid, proposal,
or other document to the city seeking award of a contract. The term
Bidder does not include a subcontractor.
(4) “Contract” means any written agreement between the
city and a person for public works, goods, services, franchise, or
consultant services.
(5) “Contractor” means a person who has contracted with
the city to provide public works, goods, services, franchise, or
consultant services for or on behalf of the city. The term Contractor
includes a subcontractor, vendor, franchisee, consultant, or any of
their respective officers, directors, shareholders, partne rs,
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managers, employees, or other individuals associated with the
Contractor, subcontractor, consultant, or vendor.
(6) “Controlling Stockholder” means a stockholder who:
(i) owns more than 25% of the voting stock of a
corporation; or
(ii) notwithstanding the number of shares that the
stockholder owns, has the power to direct or control the
direction of the Management or policies of a corporation.
(7) “Debar”, “Debarred”, or “Debarment” means an action
taken by the city which results in a Bidder or Contractor being
prohibited from any of the following: bidding or proposing on a
Contract, being awarded a Contract, or performing work on a
Contract for a defined period of time. A Bidder or Contractor subject
to such prohibition is debarred.
(8) “Debarment Hearing Board” means a board
established by the City Manager to hold hearings, to take evidence,
and to make Debarment determinations for the city.
(9) “Department” means a city Department acting through
the Department director or designee.
(10) “Final Performance Evaluation” means a city-issued
final evaluation of a Contractor’s overall performance which is
generally issued subsequent to completion of performance on the
Contract.
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(11) “Management” means the officers, partners, owners,
foremen, or other individuals responsible for a corporate or other
legal entity’s financial and operational policies and practices.
(12) “Person” has the same meaning as that in Fresno
Municipal Code Section 1-204(g). In addition, if a Person is a
corporate or other legal entity, it includes individuals who constitute
the Person’s Management. It also includes any individual or other
legal entity that:
(i) Directly or indirectly (e.g. through an Affiliate),
submits offers for or is awarded, or reasonably may be
expected to submit offers for or be awarded, a Contract, or a
subcontract under a Contract; or
(ii) conducts business, or reasonably may be
expected to conduct business, with the city as an agent or
representative of another Person.
(13) “Preponderance of the evidence” means proof by
information that, compared with that opposing it, leads to the
conclusion that the fact at issue is more probably true than not.
(14) “Prime Contractor” means a Person who enters a
Contract directly with the city.
(15) “Relative” means:
(i) an individual related by consanguinity within
the second degree as determined by the common law; or
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(ii) a spouse; or
(iii) an individual related to a spouse within the
second degree as determined by the common law; or
(iv) an individual in an adoptive relationship within
the second degree as determined by the common law; or
(v) any individual considered to be “family” in
commonly understood terms of the word.
(16) “Subcontractor” means:
(i) a Person who Contracts directly with a Prime
Contractor but not directly with the city; or
(ii) any Person under Contract with a Prime
Contractor or another subcontractor to provide any service,
materials, labor or otherwise perform on a Contract.
(17) “Suspend” or “Suspension” means the Debarment of
a Bidder or Contractor for a temporary period of time pending the
completion of an investigation and any proceedings before a
Debarment Hearing Board or independent hearing officer and any
appeals therefrom.
(d) Scope of Section.
(1) This Section establishes procedures for determining
whether a Bidder or Contractor is to be Debarred, Suspended, or
both.
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(2) This Section sets forth the grounds for Debarment
and Suspension.
(3) This Section provides that a list of Debarred and
Suspended Persons is to be created and maintained by the City
Manager. It further spells out the consequences of a Person’s
Debarment and Suspension.
(4) The City Manager shall adopt procedures and
regulations to implement this Section, including procedures for the
conduct of Debarment hearings, Suspension meetings, and
appeals of Final Performance Evaluations.
(e) Debarment Hearing Board.
(1) Upon a recommendation from a Department for
Debarment other than Debarments set forth in subsections (i)(1)(i)
and (i)(1)(ii), the City Manager shall appoint a Debarment Hearing
Board to hear and determine whether a Bidder or Contractor should
be Debarred.
(2) The City Manager appoints the voting board members
from the Capital Project Oversight Board to serve on the
Debarment Hearing Board. The Debarment Hearing Board shall
consist of no fewer than three Capital Project Oversight Board
members. The individuals on the Debarment Hearing Board must
not have participated in the decision to recommend debarment or
work in the Department recommending Debarment.
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(f) Suspension While Debarment Proceedings are Pending.
(1) The City Manager may Suspend a Bidder or
Contractor pending a Debarment decision if the City Manager
determines that Adequate Evidence of one of the grounds for
Debarment listed in subsection (h) exists.
(2) The City Manager shall, upon 72 hours’ notice,
provide a Suspended Bidder or Contractor with an opportunity to
appeal the Suspension at an informal meeting.
(3) The City Manager shall notify the Bidder or Contractor
of the Suspension in accordance with subsection (g).
(4) The Suspension is effective until the Debarment
Hearing Board makes a final decision on the proposed Debarment,
until there has been a final ruling by an independent hearing officer
in accordance with subsection (j), or until a Bidder or Contractor is
Debarred under subsection (l)(5).
(g) Notices Required Under This Section.
(1) Notice shall be by any of the following methods:
(i) Personal delivery with service effective on the
date of delivery; or
(ii) Certified mail, postage prepaid, return-receipt
requested. Simultaneously, the same notice may be sent by
regular mail. If a notice that is sent by certified mail is
returned unsigned, then service shall be deemed effective
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five calendar days after mailing by regular mail, provided the
notice that was sent by regular mail is not returned; or
(iii) Regular mail, if not returned, with service
effective five calendar days after mailing; or
(iv) Publication. Service shall be deemed effective
on the first date of publication.
(2) Proof of delivery of notice shall be made by the
certificate of any officer or employee of the city or by declaration
under penalty of perjury of any Person over the age of eighteen
years. The proof of delivery shall show that delivery was done in
conformity with this Section.
(3) The failure of any Person to receive any notice served
in accordance with this Section shall not affect the validity of any
Debarment proceedings.
(h) Grounds for Debarment.
(1) Grounds for Permanent Debarment.
(i) A judgment, settlement, stipulation, plea
agreement, final conviction, including a plea of nolo
contendere, or final unappealable civil judgment, of any of
the grounds listed below, constitutes grounds for permanent
Debarment of the Bidder or Contractor who is subject to, or
the Affiliate of, the Bidder or Contractor who is subject to the
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judgment, settlement, stipulation, plea agreement, final
conviction, or final unappealable civil judgment:
1. under any local, state, or federal law or
regulation for embezzlement, theft, bid rigging,
perjury, forgery, bribery, falsification or destruction of
records, conspiracy, collusion, or receiving stolen
property; or
2. any offense, action, or inaction
indicating a lack of business integrity or business
honesty; or
3. for commission of a criminal offense
arising out of obtaining or attempting to obtain a
public or private Contract or subcontract, or in the
performance of such Contract or subcontract.
(ii) The Bidder or Contractor has engaged in any
corrupt practice in bidding, award, administration, or
performance of a Contract, including but not limited to a Fair
Political Practices Commission enforcement order against a
Bidder or Contractor, either following a hearing or by
stipulation, imposing a penalty for a violation of California
Government Code sections 84300(c) or 84301, or a City of
Fresno enforcement order against a Bidder or Contractor,
either following a hearing or by stipulation, imposing a
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penalty for a violation of Fresno Municipal Code sections
2-901 et seq.
(iii) The Bidder or Contractor operates in a manner
designed to evade the application of this Section or to defeat
the purpose of this Section.
(iv) The city has issued the Bidder or Contractor
four or more final performance evaluations with a rating of
unsatisfactory in any four year period.
(v) The Person has committed an act or omission
so serious or compelling in nature that it affects the present
responsibility of the Bidder or Contractor to be awarded a
Contract or to participate as a subcontractor.
(2) Grounds for Debarment of Three Years or More.
(i) The Bidder or Contractor willfully breaches a
material term of a Contract.
(ii) Violation of a local, state, or federal law or
regulation applicable to a Contract other than those identified
in subsection (h)(1).
(iii) Three or more occurrences of substandard
performance by the Bidder or Contractor on any Contract,
including, but not limited to, (1) a material breach of the
Contract; (2) a failure to complete work required under the
Contract on time and/or within budget when such failure is
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attributable to the Bidder’s or Contractor’s negligent or
wrongful actions or inactions; (3) substandard quality of
work; or (4) failure to complete work and the City calls upon
the performance bond holder to complete the work; (5) the
amount of time required to complete the work exceeds the
greater of 10% of the project schedule or two calendar
weeks beyond the required contract completion date, as
contained in the Contract, and liquidated damages were
assessed; (6) Contractor’s inability to provide the necessary
insurance coverage during the contract term; (7)
Contractor’s inability to acquire the necessary insurance
coverage within thirty days of awarding the Contract; or (8)
any negligent or wrongful failure to cooperate with the city
such that timely, satisfactory completion of the work was
jeopardized. The occurrences of substandard performance
described herein may occur on the same Contract or on
different Contracts.
(iv) The Bidder or Contractor used substandard
materials, or has failed to furnish or install materials in
accordance with Contract requirements, even if the
discovery of the defect is subsequent to acceptance of the
work and expiration of the warranty, if such defect is
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because of intentionally deficient or grossly negligent
performance of the Contract.
(v) The Bidder or Contractor submits materially
false information to the city pertaining to:
1. the city’s evaluation of the Bidder or
Contractor as a Disadvantaged Business Enterprise;
or
2. the city’s prequalification or eligibility
process; or
(vi) The Bidder or Contractor has engaged in
unlawful discrimination in employment.
(vii) The Bidder or Contractor has received three or
more Final Performance Evaluations with a rating of
unsatisfactory in any three year period.
(viii) The Bidder or Contractor fails to pay prevailing
wages, when required by law.
(ix) The Bidder or Contractor violates a material
provision of any settlement of a Debarment action.
(3) Grounds for Debarment of Two Years.
(i) A Bidder or Contractor may be Debarred for
two years if a Bidder or Contractor has received two or more
final performance evaluations with a rating of unsatisfactory
in any two-year period.
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(ii) Two or more occurrences of substandard
performance by such Person on any city Contract, including,
but not limited to, (1) a material breach of the Contract; (2) a
failure to complete work required under the contract on time
and/or within budget when such failure is attributable to such
Person's negligent or wrongful actions or inactions; (3)
substandard quality of work; or (4) failure to complete work
and the City calls upon the performance bond holder to
complete the work; (5) the amount of time required to
complete the work exceeds the greater of 10% of the project
schedule or two calendar weeks beyond the required
contract completion date, as contained in the Contract, and
liquidated damages were assessed; (6) Contractor’s inability
to provide the necessary insurance coverage during the
contract term; (7) Contractor’s inability to acquire the
necessary insurance coverage within thirty days of awarding
the Contract; or (8) any negligent or wrongful failure to
cooperate with the city such that timely, satisfactory
completion of the work was jeopardized. The occurrences of
substandard performance described herein may occur on
the same Contract or on different Contracts.
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(iii) One or more occurrences of substandard
performance as provided in subsection (h)(3)(ii), within the
first year after a Debarment pursuant to this Section.
(4) Grounds for Debarment of One Year.
(i) One or more occurrence(s) of substandard
performance by such Person on any Contract, including, but
not limited to, (1) a material breach of the Contract; (2) a
failure to complete work required under the contract on time
and/or within budget when such failure is attributable to such
Person's negligent or wrongful actions or inactions; (3)
substandard quality of work; or (4) failure to complete work
and the City calls upon the performance bond holder to
complete the work; (5) the amount of time required to
complete the work exceeds the greater of 10% of the project
schedule or two calendar weeks beyond the required
contract completion date, as contained in the Contract, and
liquidated damages were assessed; (6) Contractor’s inability
to acquire the necessary insurance coverage within thirty
days of awarding the Contract; or (7) any negligent or
wrongful failure to cooperate with the city such that timely,
satisfactory completion of the work was jeopardized. The
occurrences of substandard performance described herein
may occur on the same Contract or on different Contracts.
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(ii) The Bidder or Contractor made two or more
claims of computational or other error in a bid to the city
within a two-year period.
(iii) The Bidder or Contractor failed to timely submit
bond, Contract, insurance documents, or any other
documentation required as a condition of award or
performance of a Contract.
(i) Debarment Proceedings before a Debarment Hearing Board.
(1) The Debarment Hearing Board shall hear all
recommendations for Debarment other than:
(i) permanent Debarment, which are heard in
accordance with subsection (j); and
(ii) Debarment based on unsatisfactory final
performance evaluations, which are heard in accordance
with subsection (l).
(2) The Debarment Hearing Board shall determine by a
Preponderance of the evidence whether a Bidder or Contractor is to
be Debarred and for what length of time in accordance with this
Section. The Debarment Hearing Board may increase, decrease, or
accept the Department’s recommendation of the length of
Debarment. The Debarment Hearing Board may not impose less
than the length of Debarment specified in subsections (h)(2), (h)(3),
and (h)(4).
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(3) The Debarment Hearing Board’s decision on
Debarment must be in writing and is final. The Debarment decision
shall be issued to the Bidder or Contractor in writing.
(4) The failure of a Person recommended for Debarment
to appear at a debarment hearing after notice under subsection (g)
constitutes a waiver of that Person’s right to contest the Debarment
recommendation, and the Department’s recommendation shall
become final.
(j) Debarment Proceedings before an Independent Hearing
Officer.
(1) The City Manager shall appoint an independent
hearing officer as required by Section 1-405.
(2) An independent hearing officer shall hear all
recommendations that include one or more grounds for permanent
Debarment, except for Debarments based on unsatisfactory final
performance evaluations, which are heard in accordance with
subsection (l).
(3) The independent hearing officer shall determine by a
preponderance of the evidence whether a Person is to be Debarred
and for what length of time, in accordance with this Section. The
independent hearing officer may increase, decrease, or accept the
Department’s recommendation of the length of Debarment. The
independent hearing officer may not reduce the length of a
18 of 24
permanent Debarment if the hearing officer determines a violation
identified in subsection (h)(1) occurred, or impose less than the
length of Debarment specified in subsection (h)(2) and (h)(4).
(4) The independent hearing officer’s decision on
Debarment must be in writing and is final. The Debarment decision
shall be issued to the Bidder or Contractor in writing.
(5) The failure of a Person recommended for Debarment
to appear at a Debarment hearing after notice under subsection (g)
constitutes a waiver of that Person’s right to contest the Debarment
recommendation, and the Department’s recommendation shall
become final.
(k) Imputation of Knowledge and Conduct.
(1) The fraudulent, criminal, or other serious misconduct
of any officer, director, shareholder, partner, employee, or other
individuals associated with a Bidder or Contractor may be imputed
to the Bidder or Contractor when the conduct occurred in
connection with the individual’s performance of duties for, or on
behalf of, the Bidder or Contractor, or with the Bidder’s or
Contractor’s knowledge, approval, or acquiescence. Acceptance of
the benefits derived from the conduct shall be evidence of such
knowledge, approval, or acquiescence.
(2) The fraudulent, criminal, or other serious misconduct
of a Bidder or Contractor may be imputed to any officer, director,
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shareholder, partner, employee, or other individual associated with
the Bidder or Contractor who participated in, knew of, or had
reason to know of the Bidder’s or Contractor’s conduct.
(3) The fraudulent, criminal, or other serious misconduct
of one Bidder or Contractor participating in a joint venture or similar
arrangement may be imputed to other participating Bidders or
Contractors if the conduct occurred for, on approval of, or
acquiescence of these Bidders or Contractors. Acceptance of the
benefits derived from the conduct shall be evidence of such
knowledge, approval, or acquiescence.
(l) Appeal of Final Performance Evaluations.
(1) A Bidder or Contractor may appeal a final
performance evaluation with a rating of unsatisfactory on a public
works Contract or an architectural or engineering consultant
Contract to the Public Works Director.
(2) A Bidder or Contractor may appeal a final
performance evaluation with a rating of unsatisfactory on a goods,
services, or non-engineering, non-architectural consultant Contract
to the Purchasing Manager.
(3) A Bidder or Contractor must submit an appeal in
writing to the Public Works Director or Purchasing Manager within
sixty days after notice of the final performance evaluation pursuant
20 of 24
to subsection (g). Evaluations may not be appealed after sixty days
from the date of such notice.
(4) The decision of the Public Works Director and the
Purchasing Manager to uphold an unsatisfactory performance
evaluation shall be issued to the Bidder or Contractor in writing and
is final.
(5) The City Manager may, upon recommendation of the
Public Works Director or Purchasing Manager, Debar a Bidder or
Contractor who has received an unsatisfactory final performance
evaluation. This determination shall be in writing and is final.
(m) Judicial Review. California Code of Civil Procedure section
1094.6 governs judicial review of a final Debarment decision.
(n) Creation of List of Debarred and Suspended Persons.
(1) The City Manager shall create, maintain, and make
publicly available a list of the names, addresses, and applicable
Debarment or suspension commencement and expiration dates of
all Debarred or Suspended Bidders and Contractors.
(2) The City Manager shall establish procedures to
provide for the effective use of the list to ensure that the city does
not do business with Bidders or Contractors who have been
Debarred or Suspended.
(o) Effect of Debarment or Suspension.
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(1) Bidders and Contractors who have been Debarred or
Suspended are excluded from submitting bids, submitting
responses to requests for proposal or qualifications, receiving
contract awards, executing Contracts, participating as a
subcontractor, employee, agent, or representative of another
Person contracting with the city.
(2) The city shall not accept, evaluate for award, or
include any proposals, quotations, bids, or offers from any
Debarred or Suspended Bidders and Contractors.
(3) The city shall not award or approve the award of a
Contract or execute a Contract under which a Debarred or
Suspended Bidder or Contractor is intended to participate as a
subcontractor or material supplier.
(4) A Prime Contractor shall not employ, subcontract
with, or purchase materials, or services from, a Debarred or
Suspended Bidder or Contractor.
(5) The City Manager shall report Debarments under this
Section to the appropriate local, state, and federal agencies and
authorities.
(p) Effect of Debarment or Suspension on an Affiliate.
(1) Affiliates are Debarred or Suspended to the same
extent as the Debarred or Suspended Bidder or Contractor.
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(2) A Bidder or Contractor may appeal the city’s
determination that the Bidder or Contractor is an Affiliate in writing
to the City Manager within sixty days after notice of the Affiliate’s
Debarment pursuant to subsection (g).
(3) An Affiliate may not appeal the Debarment of any
other Bidder or Contractor underlying the Affiliate’s Debarment.
(4) The decision of the City Manager shall be issued to
the Bidder or Contractor who is an Affiliate in writing and is final.
(q) Effect of Debarment by Another Governmental Agency. The
City Manager may Debar a Bidder or Contractor who has been Debarred
by another governmental agency until the term of the Debarment by the
other governmental agency expires. The City Manager’s decision under
this section is final, and not subject to a hearing before the Debarment
Hearing Board or an independent hearing officer.
(r) Liability for Increased Costs. Any Bidder or Contractor who
enters into a Contract, either directly as a Prime Contractor or indirectly as
a subcontractor, during a period of suspension or Debarment imposed
upon that Bidder or Contractor, shall be liable to the city for increased
costs incurred as a result of replacing the Debarred or Suspended Bidder
or Contractor.
(s) Effect of Debarment or Suspension on Existing Contracts.
(1) The city may continue or terminate Contracts or
subcontracts it has with a Debarred or Suspended Bidder or
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Contractor that are in existence at the time the Bidder or Contractor
is Debarred or Suspended.
(2) The city shall not renew or otherwise extend the
duration of current Contracts, or consent to subcontracts, with
Debarred or Suspended Bidders or Contractors, unless the City
Manager certifies in writing compelling reasons for such renewal or
extension.
(3) The city may Contract with another Person to perform
public works, goods, services, or consultant services that a
Debarred Contractor had been hired to perform.
(t) Agreement Not to Bid or Submit Proposals in Lieu of
Debarment or Suspension.
(1) The city may offer a Bidder or Contractor the
opportunity to execute a written agreement not to bid or submit
proposals or perform any work on Contracts in lieu of the city’s
pursuing Debarment or Suspension.
(2) This agreement not to bid or submit proposals for
Contracts in lieu of the city’s pursuing Debarment or Suspension
does not constitute a Debarment.
SECTION 3. This ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its final passage.
* * * * * * * * * * * * * *
24 of 24
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the
foregoing ordinance was adopted by the Fresno City Council, at a regular meeting
held on the _________ day of ________________ 2018.
AYES :
NOES :
ABSENT :
ABSTAIN :
YVONNE SPENCE, MMC
City Clerk
BY:
Date
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
BY:
Brandon M. Collet Date
Senior Deputy
BMC:prn, ns [77388bmc/ord] 03-22-18
RESOLUTION NO. 2003-130
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, ESTABLISHING DEBARMENT
PROCEDURES AND REQUIREMENTS.
WHEREAS, Section 1208 of the Charter of the City of Fresno provides that the
Council may by resolution establish procedures and requirements for the debarment of
any bidder who has been determined by the Council to be nonresponsible; and
WHEREAS, Section 3-105.2 of the Fresno Municipal Code requires that such
procedures shall include a right to appeal from a determination for debarment pursuant
to Chapter 1, Article 5 of this Code; and
WHEREAS, the City of Fresno desires to establish such procedures and
requirements to protect the City by ensuring full and open competition by granting
awards to, or entering into contracts with, only responsible persons in the City's
procurement of materials, supplies, equipment, services and public work of
improvements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
SECTION 1. Statement of Purpose. Debarment is a sanction to be imposed only in the
public interest for the City's protection and not for purpose of punishment. For purposes
of this resolution, "person" shall mean an individual, corporation, limited liability company,
joint venture, partnership or other legal entity.
SECTION 2. Effect of Debarment. Notwithstanding any other provision of this
resolution:
a) City Manager Authority. The City Manager, or Administrative
ectwc 0 0 3—I D
Hearing Officer on appeal, may debar any person determined by Council to be a
nonresponsible bidder(based upon any similar grounds for debarment herein
contained) from bidding or proposing upon or being awarded any contract with the
City or City of Fresno Redevelopment Agency, or from being a subcontractor or
supplier at any tier upon such contract, in accordance with the procedures
established by this resolution.
b) Non-acceptance of Bids During Debarment Period. During the time
period that the debarment pursuant to this resolution of any person is in effect, the
City and City of Fresno Redevelopment Agency shall not accept bids or proposals
from, enter into contracts with, or allow performance of subcontracts or supply
contracts by, such person, in accordance with the procedures established by this-
resolution.
c) Debarment List and Establishment of Policies Regarding Its Use.
Debarred persons shall be placed on a list compiled and maintained by the City
Manager or his/her designee who shall establish policies and procedures to
provide for the effective use of the debarment list, to ensure that the City does not
solicit offers from, award to or enter into any contract with, anyone on the list.
SECTION 3. Scope of Debarment.
a) A debarment of a group, association, firm, corporation, partnership,
company, or other entity under this resolution constitutes debarment of all of such
entity's divisions and other organizational elements from all City and City of
Fresno Redevelopment Agency contracts, unless the debarment decision is
limited by its terms to one or more specifically identified individuals, divisions or
2-
other organizational elements.
b) The debarment of a person may include any existing affiliate of the
person where the affiliate is specifically named and given notice of the proposed
debarment and an opportunity to respond. The debarment shall automatically
include any successor-in-interest or any affiliate of the debarred person formed
after such debarment.
c) Debarment of any person includes debarment of any business entity
for which the debarred person acts as a principal during the debarment period,
whether or not such business entity was in existence at the time of such
debarment.
SECTION 4. Requirement to Submit Information. The City Manager or his/her designee
may require any person bidding or submitting a proposal on a City contract to certify
under penalty of perjury, as a part of any bid or proposal submitted, whether such
person, including any principal, affiliate or predecessor-in-interest of such person:
a) Is currently under debarment, or has been under debarment at any
time during the preceding three years, by any federal, state or local agency; and
b) Has, at any time during the preceding three years, been convicted,
been subject to a civil judgment, or been subject to a penalty or sanction by any
federal, state or local agency, for any act or omission described in Section 6.
SECTION 5. Period of Debarment.
a) Initial Period. Debarment shall be for a period commensurate with
the seriousness of the grounds, as determined by the City Manager, or
Administrative Hearing Officer on appeal. An initial period of debarment shall not
3-
be less than one year or more than three years.
b) Extension Period. Prior to expiration of the time period of any
debarment imposed under this resolution, the City Manager may review the record
of the evidence presented during the debarment proceedings, as well as any
additional facts or information relevant to a review of the debarment. The City
Manager may extend the existing debarment, for successive additional periods of
up to two years each, if the City Manager determines that such extension is
necessary to protect the public interest. If the City Manager determines that
debarment for an additional period is necessary, the City Manager shall follow the
procedures established by Section 8 before imposing such extension.
c) Automatic Termination of Debarment Period. Unless the City
Manager has extended the debarment pursuant to subsection (b), the debarment
shall automatically terminate upon expiration of the debarment period.
SECTION 6. Grounds for Debarment. Provided a person has been determined by
Council to be a nonresponsible bidder; in accordance with the procedures established by
this resolution, the City Manager, or Administrative Hearing Officer on appeal, may debar
such person on any of the following grounds:
a) Commission by such person of any act of:
1) Fraud, bribery, collusion, or conspiracy;
2) Bid rigging, price fixing or any other act in violation of any
federal, state or local law in connection with the bidding upon, award or
performance of any public contract; or
3) Embezzlement, theft, forgery, falsification or fabrication of
4-
records, or perjury.
b) Submission by such person of a bid, proposal or other document
pertaining to or required by a City contract, or pertaining to or required by any
provision of this resolution or the Fresno Municipal Code, which is known by such
person to be false or contain false information.
c) Such person knowingly doing business with a debarred third person
in performance of any City contract awarded or entered into after debarment of
said third person.
d) More than one occurrence of substandard performance by such
person on any City contract, including, but not limited to, (1) a material breach of
the contract or agreement; (2) a failure to complete work required under the
contract on time and/or within budget when such failure is attributable to such
person's negligent or wrongful actions or inactions; (3) substandard quality of
work; or(4) any negligent or wrongful failure to cooperate with the City such that
timely, satisfactory completion of the work was jeopardized. The occurrences of
substandard performance described herein may occur on the same contract or on
different contracts.
e) One or more violations by such person, during the performance of
any City contract, of any labor or safety statutes, regulations or standards
including, but not limited to, applicable local, state or federal statutes, regulations
or standards governing prevailing wage, occupational safety and health, and
nondiscrimination requirements.
5-
f) One or more violations by such person of any law or regulation
governing the handling, transfer, storage or disposal of hazardous materials or
hazardous waste.
g) One or more violations by such person of any law or regulation
governing the handling, transfer, storage or disposal of solid waste generated in
connection with construction or demolition.
h) A violation by such person of any law or regulation governing conflict
of interest.
i) Two or more occasions within a two year period of failure by such
person to submit bond or insurance documents acceptable to the City in the time
periods required.
SECTION 7. Existence of Grounds.
a) Within Three Years Prior. Existence of grounds for debarment of a
person as described in Section 6 may be determined to exist by the City Manager,
or Administrative Hearing Officer on appeal, if, not more than three years prior to
the date that a written notice of proposed debarment is provided to such person
pursuant to Section 8:
1) Such person has been convicted of a criminal charge for any
act or omission described in Section 6, whether entered upon a verdict or a
plea, including a plea of no contest;
2) A final civil judgment arising out of any act or omission
described in Section 6 has been entered against such person;
3) A penalty or sanction, including but not limited to monetary
6-
penalties and other sanctions, such as debarment, has been imposed on
such person by a federal, state or local agency for any act or omission
described in Section 6; or
4) The City Manager, or Administrative Hearing Officer on
appeal, determines that sufficient facts exist to show such person has
committed one or more acts or omissions described in Section 6.
b) Conduct Imputed. Conduct may be imputed to a person for whom
debarment is being considered as follows:
1) An act or omission, as described in Section 6, of any
principal, may be imputed to the person when the conduct occurred in
connection with such principal's performance of duties for or on behalf of
the person, or with the person's knowledge, approval or acquiescence.
2) An act or omission, as described in Section 6, of a person
may be imputed to any principal who participated in, knew of, or had reason
to know of the person's conduct.
3) An act or omission, as described in Section 6, of one person
in a joint venture or similar arrangement may be imputed to other
participants if the conduct occurred for or on behalf of the joint venture or
similar arrangement or with the knowledge, approval or acquiescence of
such participants. Acceptance of the benefits derived from the conduct
shall be evidence of such knowledge, approval or acquiescence.
c) Relevant Factors. In determining whether to debar a person, and
the duration of any debarment, the City Manager, or Administrative Hearing
7-
Officer on appeal, may consider, in addition to any other relevant factors, the
following:
1) The degree to which such person cooperated fully with local,
state or federal authorities during any investigation and/or any
administrative or judicial proceeding which forms the grounds for
debarment.
2) The degree to which such person has paid or has agreed to
pay all criminal, civil, and administrative liability resulting from any of the
acts or omissions set forth under Section 6, including any investigative or
administrative costs incurred by any government agency, and has made or
has agreed to make full restitution for any damages incurred as a result of
any such acts or omissions.
3) Whether such person had effective standards of conduct and
internal control systems in place at the time of any of the acts or omissions
set forth under Section 6 or had adopted such procedures prior to any
investigation of such acts or omissions.
4) Whether such person brought any of the acts or omissions
set forth under Section 6 to the attention of the appropriate government
agency or agencies in a timely manner.
5) Whether such person has fully investigated the circumstances
surrounding any of the acts or omissions set forth under Section 6 and, if
so, has made the result of the investigation available to the City.
6) Whether such person has taken appropriate disciplinary
8-
action against the individuals responsible for any of the acts or omissions
set forth under Section 6.
7) Whether such person has implemented or agreed to
implement remedial measures to prevent a recurrence of any of the acts or
omissions set forth under Section 6, including but not limited to new or
revised review and control procedures and ethics training programs, as well
as any other measures identified by any government agency.
8) Whether such person has had adequate time to eliminate the
circumstances within their organization that led to any of the acts or
omissions set forth under Section 6.
SECTION 8. Debarment Procedures.
a) Notice of Proposed Debarment. Prior to debarring any person under
this resolution, the City Manager or his/her designee shall mail by certified or
registered mail, return receipt requested, or deliver by personal service a written
notice of the proposed debarment to the person proposed to be debarred,
hereinafter referred to as "respondent." Such notice shall contain the following:
1) Notice that a debarment is being considered;
2) The grounds for the proposed debarment, in terms sufficient
to put the respondent on notice of the conduct or transactions upon which it
is based;
3) The potential period of the debarment;
4) The City's procedures governing debarment; and
5) The address to which a request for a hearing and/or
9-
information and argument in opposition to the proposed debarment should
be delivered or mailed.
b) Request for Hearing or Information. Within ten days after personal
service or mailing of the notice of proposed debarment, the respondent or the
respondent's representative may submit in writing a request for a hearing and/or
information and argument in opposition to the proposed debarment. Such written
request and/or information and argument shall also specify the address to which
subsequent notices and other communications to the respondent should be
mailed, if different from the address where notice was sent.
c) Notice of Hearing. If the respondent requests a hearing in
accordance with subsection (b), the City Manager shall, within thirty days after
receipt of such request, schedule an informal hearing at which the respondent or
the respondent's representative shall have a reasonable opportunity to provide
information and argument, including the presentation and questioning of
witnesses, to the City Manager. The City Manager shall mail the respondent, by
certified or registered mail, return receipt requested, written notice of the time,
date, and location of such hearing, which shall be held no sooner than ten days
from the date of such notice of hearing.
d) City Manager Decision. The City Manager's debarment decision
shall be made within thirty days after expiration of the thirty day period specified in
subsection (b), or within thirty days after a hearing is held, whichever is later. If
the City Manager decides it is in the best interest of the City to debar the
respondent, such decision shall be in writing, shall contain findings of fact and
10-
shall specify the grounds for debarment based on the record of facts and
information presented to the City Manager.
e) Notice of Decision. A copy of the decision by the City Manager shall
be mailed to the respondent by certified or registered mail, return receipt
requested, no later than five days after the decision is made. If the City Manager
decides to debar the respondent, the decision shall specify the period of
debarment. Except in cases where the City Manager's debarment decision. is
appealed in accordance with Section 9, the period of debarment shall begin on the
date the decision is mailed to the respondent. In cases where the City Manager's
debarment decision is appealed in accordance with Section 9, the period of
debarment shall begin on the date that the Administrative Hearing Officer makes a
decision to uphold or modify the City Manager's debarment decision, in
accordance with Section 9.
f) Decision of City Manager Final. If the respondent fails to submit
either a written request for a hearing or written information and argument in
opposition to a proposed debarment within the thirty day period specified in
subsection (b), or if respondent fails to appear at the hearing, the decision of the
City Manager shall be final, and shall not be subject to appeal pursuant to
Section 9.
g) Reconsideration. The City Manager may reverse a decision to debar
a person, or may reduce the scope or time period of debarment for any reason
which obviates the need for the debarment or which indicates a shorter debarment
period will adequately protect the public interest. Such reasons include, but are
11-
not limited to, the following:
1) Newly discovered material evidence;
2) Reversal of the conviction, civil judgment or administrative
penalty or sanction upon which the debarment was based;
3) Bona fide change in ownership or management; or
4) Elimination of other grounds for which the debarment was
imposed.
h) Initiation of Reconsideration. Such reversal or reduction in scope or
time period of the debarment under subsection (g) may be initiated by the City
Manager or by the debarred person upon a request submitted to the City
Manager. Such debarred person's request shall be in writing and supported by
documentation. The debarred person shall provide any additional documentation
requested by the City Manager in order to review such request. The City Manager
shall notify the debarred person of the decision made upon any such request
submitted by a debarred person within thirty days after receipt of the request
and/or any supporting documentation. A debarred person may not submit such a
request until a minimum of twelve months have elapsed after the period of
debarment begins, and no more than one such request may be submitted during
each successive twelve month period thereafter.
SECTION 9. Appeal of a Debarment Decision. Any appeal of a decision of the City
Manager regarding a debarment or the period or scope of debarment imposed shall be
heard by the Administrative Hearing Officer in accordance with Chapter 1, Article 5 of the
Fresno Municipal Code.
12-
SECTION 10. If any section, subsection, subdivision, paragraph, sentence or phrase of
this resolution is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this resolution. The Council hereby
declares that it would have adopted this resolution, and each section, subsection,
subdivision, paragraph, sentence and phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences or phrases had
been declared invalid or unconstitutional.
13-
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, REBECCA E. KLISCH, 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 29tWay of April —1 , 2003.
AYES Calhoun, Castillo, Dages, Duncan, Perea, Boyajian
NOES Sterling
ABSENT None
ABSTAIN None
Mayor Approval: N/A 2003
Mayor Approval/No Return: N/A 2003-
Mayor Veto: N/A 2003
Council Override Vote: N/A 2003
REBECCA E. KLISCH. . .
City Clerk
BY:
ae --
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: fl2lz
De uty
NAA:jI/eb[22801 jl\Resov2]12/04/02
14-
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0532 Agenda Date:5/10/2018 Agenda #:3-B
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:WILMA QUAN-SCHECTER, City Manager
Mayor & City Manager’s Office
BY:LAURA GLORIA, Deputy City Manager
Mayor & City Manager’s Office
SUBJECT
Actions pertaining to the purchase of a building located at 911 H Street:
1.***RESOLUTION - 66th Amendment to the Annual Appropriation Resolution No. 2017-165 to
appropriate $3,100,000 to establish sufficient funding for the purchase of the Fire
Department’s Headquarters building located at 911 H Street, Fresno, CA 93721 (Requires 5
affirmative votes) (Subject to Mayor’s veto)
2.Approve Loan Agreement for an interfund loan from the Wastewater Operation Fund and
Sewer Stabilization Fund to the General Fund
3.Authorize the City Manager or designee to execute an agreement for purchase and sale of
property and any necessary documents for APN 467-040-24,911 H Street,Fresno,California
93721 for $4,400,000 from Sellers,EIE Alpha,LLC.,a California Limited Liability Company,
Legacy DG Properties, LLC, and the Jason and Kymberly Family Geil Trust (Council District 3)
RECOMMENDATION
Staff recommends Council approve the Agreement for Purchase and Sale of Property and any
necessary documents for APN 467-040-24,911 H Street,Fresno,California 93721 for a purchase
price of $4,400,000 from EIE Alpha,LLC.,a California Limited Liability Company,Legacy DG
Properties, LLC, and the Jason and Kymberly Geil Family Trust.
EXECUTIVE SUMMARY
The City currently leases 911 H Street Fresno (Property)for use as the Fire Department
Headquarters and has been at this location since 2007.At that time,the City worked with the
property owner to amortize the tenant improvements for the renovation of the 100 year old building
over the length of the lease term.As such,the monthly lease payment began at $1.97 per sq.ft.and
City of Fresno Printed on 3/14/2023Page 1 of 3
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File #:ID18-0532 Agenda Date:5/10/2018 Agenda #:3-B
over the length of the lease term.As such,the monthly lease payment began at $1.97 per sq.ft.and
increased over time to its current level of $2.18 per sq.ft.At the current sq.ft.rate,the City is
making a monthly payment of $50,140,or $601,680 annually.The lease expired in March of 2015.
Since then,the City has been researching options for relocation,ultimately deciding that the
purchase of the current location would best fit the need of the department.The Property will be paid
with a $1,300,000 down-payment from the General Fund and a $3,100,000 loan from the Wastewater
Operation Fund and Sewer Stabilization Fund to the General Fund,which will be repaid over the next
five years.
BACKGROUND
In April of 2007,the City entered into a multi-year lease for the Fire Department Headquarters at 911
H Street which subsequently expired in March of 2015.While the owner presented options to renew
the lease at a reduced rate,the City wanted to explore other locations as well as options to purchase
the current location.The City engaged the City’s Asset Manager,Cushman &Wakefield,to scout for
potential locations while concurrently beginning sale negotiations with the current owner of the
Property.The City toured numerous locations in various parts of Fresno in the search for a
comparable location,in proximity to freeways for easy access,and ample parking for the various fire
apparatuses.As a result of that survey,it was determined that the current location at 911 H Street
would best fit the needs of department and would be the most fiscally prudent decision.Per the Asset
Management Act,the City is required to obtain an appraisal for any real estate transactions that
exceed $1 million;the value of the building was determined between $4,220,000 and $4,600,000.
The proposed purchase price of $4,400,000 was negotiated over several months,taking into
consideration the cost to relocate,including the purchase of new furniture,installation of necessary
network infrastructure, and the cost of tenant improvements.
The funding mechanism to pay for the building consists of a $1,300,000 down payment (approved by
Council on March 1,2018)and $3,100,000 of loan proceeds borrowed from the Wastewater
Operation Fund and Sewer Stabilization Fund.Per the City’s Reserve Management Act,the loan
between the Wastewater Operation Fund and Sewer Stabilization Fund and the General Fund will be
repaid over a five year period.It is anticipated that the current rent appropriation of $601,800 will be
sufficient to make a loan payment to the Sewer Fund.The Staff recommends Council approve the
Agreement for Purchase and Sale of Property and any necessary documents for APN 467-040-24,
911 H Street, Fresno, California 93721 for a purchase price of $4,400,000.
ENVIRONMENTAL FINDINGS
Pursuant to the California Environmental Quality Act (CEQA)Guidelines Section 15378(b)(5),this
acquisition agreement is an organizational or administrative activity that will not result in direct or
indirect physical changes in the environment, and is therefore not a “project” as defined in CEQA.
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
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The purchase of the property will be made using appropriations designated for a down payment of
$1,300,000 previously approved by Council on March 1,2018,as well as $3,100,000 of monies being
borrowed from the Wastewater Operating Fund and the Sewer Rate Stabilization Fund that will be
appropriated through the 66th Amendment to the Annual Appropriations Resolution,which is included
in this item.The loan will be repaid over a five-year period,and will be budgeted in subsequent fiscal
years.It is anticipated that the annual loan payments will be approximately equivalent to the
$601,680 in rent payments that have been budgeted in previous fiscal years.
Attachments:
Purchase and Sale Agreement
Interfund Loan
66th Amendment to the AAR
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INTERFUND LOAN AGREEMENT
This Loan Agreement (Agreement) is executed as of ______________, 201 8 (Effective
Date), between the City of Fresno Wastewater Operation Fund and Sewer Stabilization
Fund (Lender) and the City of Fresno General Fund (Borrower). Lender agrees to lend to
Borrower, and Borrower agrees to repay Lender, an amount not to exceed the Principal
Amount and interest accrued on the unpaid loan balance, in accordance with the following:
1. Purpose of the Loan: To provide funds for use by the Borrower or its designee to
provide funding for the purchase of the Fire Department’s Headquarters Building located at
911 H Street Fresno, CA.
2. Principal Loan Amount: Not to exceed $3,100,000. The loan will be recorded as
receivable to the Lender and payable to the Borrower.
3. Term of the Loan: The term of this loan shall be five years, beginning on the
Effective Date, and shall be repaid in full as of ___________, 2023.
4. Scheduled Payments . Borrower shall make payments annually against principal
and interest. The first payment shall commence on the date that is one year from the
Effective Date of this Agreement. At a minimum, each annual scheduled payment shall
equal the amount of any accrued interest through the date of payment, plus a principal
payment equal to one-fifth (1/5) of the original principal amount. Payments will be credited
first to interest then due, and then to principal. Borrower may make partial or co mplete
payment of principal and earned interest at any time before its due date and without any
prepayment penalty.
5. Rate of Interest. Interest shall accrue at a rate equal to the City’s Pooled
Investment Rate, fixed monthly, calculated and accrued in the same manner that the City
would otherwise earn interest on the funds if deposited and earning interest as a pooled
investment. The City’s Pooled Investment Rate effective on the date of this Note is
1.3489%. Loan interest will be recorded as revenue to the Lender and expenditure to the
Borrower.
6. General Provisions. This Agreement constitutes the full Agreement by and
between the parties and no other representations have been made regarding the contents
of this Agreement. This Agreement shall not be amended, modified, or altered in any
respect unless such amendment, modification, or alteration has been reduced to writing
and executed by both parties.
LENDER
Wilma Quan-Schecter, City Manager
City of Fresno
BORROWER
Wilma Quan-Schecter, City Manager
City of Fresno
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 66th AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2017-165 TO
APPROPRIATE $3,100,000 TO ESTABLISH SUFFICIENT
FUNDING FOR THE PURCHASE OF THE FIRE DEPARTMENT’S
HEADQUARTERS BUILDING LOCATED AT 911 H STREET,
FRESNO CALIFORNIA 93721
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2017-165 be and is hereby
amended as follows:
Increase/(Decrease)
TO: GENERAL CITY PURPOSE DEPARTMENT
General Fund $ 3,100,000
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
General Fund
Revenues:
Account: 43910 Transfers From Other Fund $ 3,100,000
Fund: 10101
Org Unit: 200501
Total Revenues $ 3,100,000
Appropriations:
Account: 57101 Land Acquisition $ 3,100,000
Fund: 10101
Org Unit: 200101
Total Appropriations $ 3,100,000
2 of 3
Increase/(Decrease)
Wastewater Operating
Revenues:
Account: 30101 Transfer from Fund Balance $ 1,680,000
44910 Transfer To Other Fund ( 1,680,000)
Fund: 40501
Org Unit: 414004
Total Revenues $ 0
Sewer Sys Rate Stablize-Op Fee
Revenues:
Account: 30101 Transfer from Fund Balance $ 1,420,000
44910 Transfer To Other Fund ( 1,420,000)
Fund: 40512
Org Unit: 414501
Total Revenues $ 0
THAT the purpose is to appropriate $3,100,000 to establish sufficient funding for the
purchase of the Fire Department’s Headquarters building. The down payment of $1,300,000
was appropriated per the 47th Amendment. The 66th Amendment along with the 47th
Amendment will provide a total of $4,400,000 in appropriations.
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 #:ID18-0568 Agenda Date:5/10/2018 Agenda #:3-C
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH:ANDREW J. BENELLI, PE City Engineer/Assistant Director
Public Works Department
BY:AARON A. AGUIRRE, Public Works Manager
Public Works Department, Landscape Maintenance Division
SUBJECT
***RESOLUTION -Of Intention to Increase the Annual Assessment for Tract 3884 of Landscaping
and Lighting District No. 1. (Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends adopting the attached Resolution of Intention to increase the annual assessment
for Tract 3884 of Landscaping and Lighting Maintenance District No.1 (LLMD No.1)in accordance
with the procedures set forth in Proposition 218 (Prop.218).This resolution would initiate the
process for increasing the annual assessment for Tract 3884 only.
EXECUTIVE SUMMARY
LLMD No.1 was formed in 1983 to fund the common area maintenance of landscaping in and
around developments within the City of Fresno (City).Tract 3884 was annexed into LLMD No.1 in
May 1988 for these services.The property owners of Tract 3884 have requested the City to initiate
the process to increase their annual LLMD assessment so that the landscaping may be upgraded
and the services for maintenance may be more frequent and at levels comparable to newer
developments within the City.
Increasing the annual LLMD assessments for Tract 3884 requires compliance with Prop.218’s
majority protest procedure,as set forth in Section 4 of Article XIII D of the California Constitution.
The proposed resolution would initiate this process by setting a public hearing and directing the City
Clerk to issue a notice and a majority protest ballot to property owners within the tract notifying them
of the hearing and of their right to protest an increase to the assessment.
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File #:ID18-0568 Agenda Date:5/10/2018 Agenda #:3-C
BACKGROUND
On March 22,1983,the Council adopted Resolution 83-93 ordering the formation of LLMD 1,
originally known as Assessment District 89.LLMD No.1 was formed to cover the City’s costs to
maintain the landscaping within public rights-of-way and easements adjacent to existing and newly
developed subdivisions.Tract 3884 was annexed to LLMD No.1 on May 24,1988,via Resolution 88
-159 and contains a total of 173 separate tracts.Assessments collected from the Tract 3884 fund the
maintenance of common landscaped areas surrounding the tract along West Avenue between
Alluvial and Spruce Avenues, as shown on the attached map.
The City Council annually renews the levy and collection of LLMD No.1 assessments in July.None
of the LLMD No.1 assessments,including assessments for Tract 3884,have been increased since
1996 when Prop.218 became effective.Prop.218 requires that all assessment increases be subject
to a hearing and majority protest procedure.
The LLMD assessment has been frozen at the current level since being accepted by the City,leading
to a steady decline of the tract landscaping throughout the years.Homeowners within Tract 3884
have requested the City to initiate the process to increase the annual LLMD assessments paid by
property owners within the tract,for the purpose of funding upgraded landscaping and allowing for
more frequent maintenance of such landscaping -at levels comparable to new development.With
the increased assessments,plant material and trees will be replaced;the irrigation system will be
modified to current industry standards and service levels increased to provide monthly landscaping
services.
To achieve the aforementioned goals, the proposed assessment is as follows:
Years 1 through 3:For the first three years,the total amount of the assessment against all
parcels in Tract 3884 will be $36,458.12 per year or $210.74 per parcel.This amount will
allow phased upgrading of the landscaping within Tract 3884.
Year 4 and Onward:Beginning in year four and continuing on,the total amount of the
assessment against all parcels in Tract 3884 will be $16,951.86 per year or $97.99 per parcel,
subject to a discretionary inflationary adjustment as follows:beginning in January of each year,
the assessment may be adjusted annually by an amount equal to,or less than,the
Construction Cost Index (CCI)for the San Francisco Region for the prior 12-month period
(December through December)as published in the Engineering News Record,or published in
a comparable index if the Engineering News Record is discontinued or otherwise not
available.Each annual adjustment of the assessment shall become effective on the
subsequent July 1.This lower amount will allow for the continuation of heightened
maintenance services.
To increase assessment for Tract 3884 of LLMD No.1,the City must follow the process set forth in
Prop.218,which requires that before any increase,the City must hold a noticed public hearing and
allow property owners the opportunity to protest an increase.Prop.218 requires notice of the public
hearing to be mailed to all property owners subject to the increase at least 45 days prior to the
hearing,and requires the notice to include a protest ballot,which must be returned by the close of the
public hearing.If,at the conclusion of the public hearing,ballots submitted in opposition of the
proposed assessment exceed the ballots submitted in favor of the assessment,the City may not
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File #:ID18-0568 Agenda Date:5/10/2018 Agenda #:3-C
impose the proposed assessment.
The attached Resolution of Consideration initiates the Prop.218 process by setting the public
hearing and directing the City Clerk to send notice thereof to all property owners within Tract 3884 of
LLMD No. 1.
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 was not considered because this action does not include a bid or award of a
construction or services contract.
FISCAL IMPACT
Approval of the Resolution of Intention will have no impact on the General Fund.If,following a
noticed public hearing and a majority protest procedure under Prop.218,the property owners within
Tract 3884 decide to increase their annual assessment,proceeds will be used for landscape
maintenance within Tract 3884 only.
Attachments:Location Map
Resolution of Intention
Engineer’s Report
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0547 Agenda Date:5/10/2018 Agenda #:4-A
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:ESMERALDA SORIA, Council President
City Council Offices
SUBJECT
Council Boards and Commissions Communications,Reports,Assignments and/or Appointments,
Reappointments, Removals to/from City and non-City Boards and Commissions:
1.Council of Governments -Mayor Brand-Ex-Officio (Olivier-Alternate)
2.Finance and Audit Committee -Bredefeld, Olivier, Brandau
3.Fresno Area Workforce Investment Corporation -Soria
4.Fresno County Transportation Authority (FCTA)-Mayor Brand-Ex-Officio,(Brandau-
Alternate)
5.Fresno Regional Workforce Development Board -Baines
6.Fresno County Zoo Authority -Mayor Brand-Ex-Officio, (Baines-Alternate)
7.Fresno Madera Area Agency on Aging Board -Olivier
8.Joint Powers Financing Authority -Mayor Brand,President Soria,Councilmember
Caprioglio
9.San Joaquin River Conservancy Board -Mayor Brand-Ex-Officio, (Brandau-Alternate)
10.Association for the Beautification of Highway 99 -Baines
11.Upper Kings Basin Integrated Regional Water Management JPA -Brandau (Olivier,Michael
Carbajal and Vacant - Alternates)
12.Economic Development Corporation Serving Fresno County -Caprioglio-Ex-Officio,City
Manager Wilma Quan-Schecter and (Chavez - Alternate)
13.League of California Cities (Annual Meeting) -Mayor Brand, (Olivier-Alternate)
14.Litigation Exposure Reduction Ad Hoc Committee -Brandau, Caprioglio
15.Sub- Committee on Transportation - Baines, Caprioglio, Soria
16.Code Enforcement Sub-Committee - Baines, Caprioglio, Soria
17.Enterprise and Construction Management Oversight Board -Councilmember Chavez,
Bredefeld-Alternate
18.School Liaison Sub-Committee -Soria - Chair, Olivier, Baines
19.North Kings Groundwater Sustainability Agency (GSA) Joint Powers Authority -Mayor Brand
(Michael Carbajal, Tim Orman - Alternates)
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0607 Agenda Date:5/10/2018 Agenda #:4-B
REPORT TO THE CITY COUNCIL
May 10, 2018
FROM:GARRY BREDEFELD, Councilmember for District 6
City Council Offices
SUBJECT
Update on Grizzly Fest - information regarding security, traffic control, traffic in the neighborhoods,
and parking.
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0533 Agenda Date:5/10/2018 Agenda #:5-A
CLOSED SESSION ITEM
May 10, 2018
SUBJECT
PUBLIC EMPLOYEE PERFORMANCE EVALUATION -Government Code Section 54957
Title: City Attorney
Sponsor: Council President Esmeralda Z. Soria
CONFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6
City Negotiator(s): Council President Esmeralda Z. Soria
Unrepresented Employee: City Attorney
City of Fresno Printed on 3/14/2023Page 1 of 1
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0583 Agenda Date:5/10/2018 Agenda #:5-B
CLOSED SESSION ITEM
May 10, 2018
SUBJECT
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Government Code Section
54956.9, subdivision (d)(1)
1.California Grocers Association v. City of Fresno;Fresno Superior Court Case No.:
17CECG03787
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