HomeMy WebLinkAbout2018-04-19 Council Agenda Final-Revised PacketThursday, April 19, 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-revised
Regular Meeting
April 19, 2018City Council Meeting Agenda -
Final-revised
The Fresno City Council welcomes you to City Council Chambers, located in City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA)
in all respects. The meeting room is physically accessible. If, as an attendee or
participant at the meeting, you need additional accommodations such as
interpreters, signers, assistive listening devices, or the services of a translator,
please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To
ensure availability, you are advised to make your request at least 48 hours prior to
the meeting. The agenda and related staff reports are available at www.fresno.gov,
as well as in the Office of the City Clerk.
The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel
99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be
viewed online at https://fresno.legistar.com.
PROCESS: For each matter considered by the Council there will first be a staff
presentation followed by a presentation from the involved individuals, if present.
Testimony from those in attendance will then be taken. All testimony will be limited to
three minutes per person. If you would like to speak fill out a Speaker Request Form
available from the City Clerk’s Office and in the Council Chambers. The three lights
on the podium next to the microphone will indicate the amount of time remaining for
the speaker.
The green light on the podium will be turned on when the speaker begins. The yellow
light will come on with one minute remaining. The speaker should be completing the
testimony by the time the red light comes on and tones sound, indicating that time
has expired. A countdown of time remaining to speak is also displayed on the large
screen behind the Council dais.
No documents shall be accepted for Council review unless they are submitted to the
City Clerk at least 24 hours prior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The
City Council may consider and act on an agenda item in any order it deems
appropriate. Actual timed items may be heard later but not before the time set on
agenda. Persons interested in an item listed on the agenda are advised to be present
throughout the meeting to ensure their presence when the item is called.
AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL
VETO OR RECONSIDERATION
Page 2 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers,
ubicado en la Alcaldía (City Hall), 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
Page 3 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
cuando se presente ese artículo.
LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN
VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION
Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City
Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721.
Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai
American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus
yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau
lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav
tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City
Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias
npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj.
Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj
muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk.
Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99
thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub
rooj sab Iaj kuj saib tau online at https://fresno.legistar.com.
TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej
thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam
mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau
sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this
xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form)
muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj
peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone)
qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb.
Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb
daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau
thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv
nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub
sij hawm dhia qis zuj zus los mus.
Page 4 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb
muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej
council yuav los mloog tej xwm txheej.
Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej
num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv
daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los
xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom
tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv
daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj
nyob rau ntawd
YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ
YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA
Page 5 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
9:15 A.M. ROLL CALL
Invocation by Pastor Karen Stoffers Pugh of the Wesley United
Methodist Church
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 ID18-0436 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).
Sponsors:Police Department
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
Page 6 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
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)
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
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
Page 7 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
Municipal Code relating to Fire and Life Safety Regulations (Subject to
Mayor’s veto)
Sponsors:Fire Department
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
1-K ID18-0441 ***RESOLUTION - Amending the Office of Independent Review Policy
related to attorney-client privilege and staffing. (Subject to Mayor ’s
veto)
Sponsors:Office of Mayor & City Manager
1-L ID18-0502 ***RESOLUTION - Revising the Public Records Act policy to provide
certain documents over the counter (Subject to Mayor’s veto)
Sponsors:Office of the City Clerk
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
CEREMONIAL PRESENTATIONS
ID18-0506 Presentation of the Spring 2018 Employee of the Quarter
Certificates ( Light reception immediately following - 2nd floor foyer
)
Sponsors:Office of the City Clerk
ID18-0433 Proclamation of Paul McLain-Lugowski Day
Sponsors:Councilmember Chavez
APPROVE MINUTES
18-0024 Approval of minutes from April 5, 2018.
Sponsors:Office of the City Clerk
COUNCILMEMBER REPORTS AND COMMENTS
Page 8 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
CONTESTED CONSENT CALENDAR
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
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)
Sponsors:Public Works Department
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
Page 9 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
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
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
10:10 A.M.
ID18-0408 WORKSHOP - Citizens’ Public Safety Advisory Board 2017 4th
Quarter Report
Sponsors:Mayor's Office
Page 10 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
10:15 A.M.
ID18-0423
Sponsors:Planning and Development Department
1:30 P.M.
ID18-0474 Proclamation of “Angela Moreno Day”
Sponsors:Councilmember Chavez
ID18-0476 Proclamation of “Earth Day 2018”
Sponsors:Olivier and Councilmember Soria
ID18-0493 Proclamation of “Peace Officers Memorial Day“
Sponsors:Councilmember Bredefeld and Councilmember Soria
ID18-0495 Recognition of Randall Morrison as the ASCE 2018
Outstanding Civil Engineer in Public Practice
Sponsors:Office of Mayor & City Manager and Public Works
Department
ID18-0504 Proclamation of “The Collegian Day”
Sponsors:Vice President Caprioglio
ID18-0505 Proclamation of “Welcome Home Vietnam Veterans Day”
Sponsors:Vice President Caprioglio
ID18-0512 Proclamation of “Underage Drinking Prevention and Friday
Night Live Month”
Sponsors:Councilmember Soria
ID18-0513 Presentation of Certificates to the Fresno Youth Commissioner
Sponsors:Councilmember Soria
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
Page 11 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
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, Councilmember Chavez and
Councilmember Soria
3. GENERAL ADMINISTRATION
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
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 (Council District 4)
Sponsors:Airports Department
3-C ID18-0477
Sponsors:Information Services Department
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 Express
Facility Master Plan improvements
Sponsors:Department of Transportation
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
Page 12 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
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
Page 13 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
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:Councilmember Chavez and Mayor's Office
5. 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
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
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
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
Code Section 54957.6
City Negotiator(s): Council President Esmeralda Z. Soria
Page 14 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
Unrepresented Employee: City Attorney
Sponsors:Councilmember Soria
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:Councilmember Soria
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Members of the public may address the Council regarding items that are not
listed on the agenda and within the subject matter jurisdiction of the Council.
Each person is limited to a three (3) minute presentation. Anyone wishing to be
placed on an agenda for a specified topic should contact the City Clerk’s Office
at least ten (10) days prior to the desired date. Council action on unscheduled
items, if any, shall be limited to referring the item to staff for a report and
possible scheduling on a future Council agenda.
ADJOURNMENT
UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS
APRIL 26, 2018- NO MEETING
MAY 3, 2018 - NO MEETING
MAY 10, 2018
10:00 AM#1 - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 87 (Final Tract Map No. 6158) (northeast of the intersection of
East Kings Canyon Road and North Fowler Avenue) (Council District 5)
MAY 10, 2018
Page 15 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
10:00 AM#2 - HEARING to adopt resolutions and ordinance to annex territory and
levy a special tax regarding City of Fresno Community Facilities District No. 11,
Annexation No. 88 (west side of North Armstrong Avenue between East Shields
and Clinton Avenues) (Council District 4)
MAY 10, 2018
10:00 AM#3 - 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)
MAY 10, 2018
10:05 AM - HEARING - Regarding the vacation of a public utility easement at the
northwest corner of E. Church Avenue and S. Chestnut Avenue. (Council District
5).
May 10, 2018
10:10 A.M. - HEARING regarding the City of Fresno’s Proposed FY 2019 Annual
Action Plan.
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
Page 16 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
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)
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
APRIL 26, 2018 - NO MEETING
MAY 3, 2018 - NO MEETING
MAY 10, 2018 - 9:00 A.M. MEETING
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:
JUNE 5, 6, 11 and 12, 2018
Page 17 City of Fresno ***Subject to Mayoral Veto
April 19, 2018City Council Meeting Agenda -
Final-revised
JUNE 19, 2018 - VOTE ON MOTIONS
JUNE 21, 2018 - VOTE ON FINAL BUDGET
JUNE 28, 2018 - RESERVED IF NEEDED FOR FINAL BUDGET VOTE
Page 18 City of Fresno ***Subject to Mayoral Veto
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0436 Agenda Date:4/19/2018 Agenda #:1-A
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:JERRY DYER, Chief of Police
Police Department
BY:ROBERT NEVAREZ, Deputy Chief
Administrative Services Division
SUBJECT
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).
RECOMMENDATION
It is recommended the City Council approve a resolution adopting the 63rd amendment to the Annual
Appropriation Resolution No.2017-165 appropriating $200,000 of grant carryover to cover operating
costs for the remainder of FY 2018.
EXECUTIVE SUMMARY
The Police Department is requesting $200,000 of current carryover in the Supplemental Law
Enforcement Services Account (SLESA)grant,to maintain front line law enforcement operational
costs throughout FY 2018.This grant provides necessary equipment and support services for the
Police Department in addition to what is currently supported by the City’s general fund.
BACKGROUND
Since 1996,the Fresno Police Department has received an annual allocation of funds known as a
SLESA grant funded over two years from the State of California to support “front-line law
enforcement”equipment and activities in the City of Fresno.This grant is funded under the Citizens’
Option for Public Safety Program through State of California Vehicle License Fees.The purpose of
this program is to supplement essential law enforcement services in addition to what is budgeted in
the City’s General fund.Assembly Bill 1913 established guidelines for disbursements of the
allocations and anticipated money must be used exclusively to augment existing services and shall
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File #:ID18-0436 Agenda Date:4/19/2018 Agenda #:1-A
not be used to supplant or replace existing funding for the same services.
A grant spending plan is developed every year and it includes funding for Sexual Assault Kits,
Skywatch Operations,Ballistic Replacement Vests for sworn personnel,ammunition,transcription
costs,officer safety equipment,radio repairs,MAGEC Unit lease agreement,body worn camera
costs,and software costs.Currently,two different SLESA grants are utilized in one grant fund with
two separate spending plans.Due to the uncertainty and sporadic nature of the revenue and overall
grant allocation,conservative estimates are made annually.In FY18,the final year of a current
SLESA grant received a growth payment of an additional $170,721.80 above the original estimate.
Also,due to a reduction of the anticipated Asset Forfeiture revenue,funding for Skywatch operations
will be augmented with this grant as well.The Department is requesting to move appropriations
from carryover for the final year of SLESA 16-17 and the first year of SLESA 17-18 to cover additional
operating costs related to front line law enforcement.
ENVIRONMENTAL FINDINGS
The purchase of law enforcement equipment is not a “project”pursuant to CEQA Guidelines Section
15378.
LOCAL PREFERENCE
Local preference was not considered since this item does not include a bid or award of a construction
or service contract.
FISCAL IMPACT
There is no impact on the general fund.The SLESA grant is funded by the State of California and
allocations are disbursed to the Police Department throughout the year.
Attachment: 63rd amendment to the Annual Appropriation 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 63nd AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2017-165 APPROPRIATING
$200,000 OF SUPLEMENTAL LAW ENFORCEMENT SERVICES
FUND CARRYOVER TO CONTINUE SUPPORTING FRONT LINE
LAW ENFORCEMENT OPERATIONS IN FY 2018
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: POLICE DEPARTMENT
Sup Law Enforce Svc Fund-SLES $ 200,000
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Sup Law Enforce Svc Fund - SLES
Revenues:
Account: 30101 Transfer from Fund Balance $ 200,000
Fund: 22014
Org Unit: 156417
Total Revenues $ 200,000
Appropriations:
Account: 53304 Prof Svcs (Non-Consulting)-O/S $ 27,000
54411 Space Rentals 21,000
57411 New Machinery & Equipment 152,000
Fund: 22014
Org Unit: 156417
Total Appropriations $ 200,000
THAT the purpose is to appropriate $200,000 of carryover to cover operating costs for the
remainder of FY 2018.
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, CMC
City Clerk
BY: ______________________
Deputy
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0468 Agenda Date:4/19/2018 Agenda #:1-B
REPORT TO THE CITY COUNCIL
April 19, 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
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.
RECOMMENDATION
Staff recommends the City Council adopt Resolution of Intention No.1123-D for the proposed
vacation of a public utility easement on the northwest corner of East Church Avenue and South
Chestnut Avenue, and set the required hearing at 10:05 a.m. on May 10, 2018.
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
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The proposed vacation of a public utility easement as shown in Exhibit “A”of the attached Resolution
of Intent is located in the south 8.00 feet and the east 8.00 feet of the that portion of Lot 16,the South
8.00 feet and west 8.00 feet of that portion of Lot 23,and the north 8.00 feet of Lots 24 and 25 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 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 of Intent.
City Attorney has approved the attached Resolution of Intention 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,but not until the City
Engineer determines that the conditions listed in the attached resolution have been satisfied and
accepted by the City.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment EA-17-039 of this project,and is
attached hereto.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 does not involve
bidding or contracting.
FISCAL IMPACT
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
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File #:ID18-0468 Agenda Date:4/19/2018 Agenda #:1-B
PUE Vacation_EA-17-039
Resolution of Intent No. 1123-D
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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
RESOLUTION OF INTENT NO. 1123-D
A RESOLUTION OF INTENTION OF THE COUNCIL OF
THE CITY OF FRESNO, CALIFORNIA, TO VACATE A
PUBLIC UTILITY EASEMENT ON THE NORTHWEST
CORNER OF EAST CHURCH AVENUE AND SOUTH
CHESTNUT AVENUE
WHEREAS, it is the intention of the Council of the City of Fresno, State of
California (the "City"), to order the vacation of a public utility easement on the northwest
corner of East Church Avenue and South Chestnut Avenue; and
WHEREAS, the area proposed for vacation as shown on Exhibit "A", said exhibit
is incorporated herein by reference and on file in the Office of the City Clerk of the City
at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721; and
WHEREAS, Embree Asset Group, Inc. is requesting the proposed vacation; and
WHEREAS, the purpose of the vacation is to accommodate development
associated with site plan D-16-111 for the construction of a Dollar General department
store; and
WHEREAS, the Traffic and Engineering Services Division, other City
departments and utility agencies have reviewed the proposed vacation and determined
that the public utility easement proposed for vacation as shown in Exhibit "A" is
unnecessary for present or prospective public utilities subject to the relocation of all
public utilities currently located within the public utility easement proposed for vacation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The hour of 10:05 a.m. on May 10, 2018, in the Council Chambers in Fresno City
1 of 3 Date Adopted: Date Approved:
� Effective Date: City Attorney Approval: Resolution No.
2 of 3
Hall, 2600 Fresno Street, Fresno 93721, is hereby fixed as the time and place when and
where all persons interested in or objecting to the proposed vacation may appear before
the Council and be heard in relation thereto.
2. The Council elects to proceed under the provisions of Chapter 3, commencing
with Section 8320, of the Public Streets, Highways, and Service Easements Vacation
Law of the State of California (California Street and Highways Code Sections 8300 et
seq.).
3. The Public Works Director of the City is directed to cause notices of the proposed
vacation to be published and posted for the time and in the manner prescribed by the
provisions of Sections 8322 and 8323 of the California Street s and Highways Code.
4. The Council preliminarily determines that the public utility easement proposed to
be vacated is not useful as a bicycle path or route under applicable general, specific, or
community plans and policies. If the Council does not rescind such preliminary
determination, based on evidence or public testimony presented to it, orally or in writing,
at or before the May 10, 2018, hearing, the Council may proceed to make a final
determination, at the public hearing, that the public street be vacated as provided herein
////
////
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* * * * * * * * * * * * * *
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: _____
Deputy
Attachment: Vacation Exhibit
PW File No. 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 #:ID18-0480 Agenda Date:4/19/2018 Agenda #:1-C
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:MICHAEL CARBAJAL, Planning Manager
Department of Public Utilities - Utilities Planning & Engineering
BY:MATTHEW L. BULLIS, PE, Professional Engineer
Department of Public Utilities - Utilities Planning & Engineering
SUBJECT
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)
RECOMMENDATION
Staff recommends that City Council 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.
EXECUTIVE SUMMARY
The City of Fresno (City)Department of Public Utilities (DPU),in conjunction with the Department of
Public Works Department (DPW),is seeking to reject all proposals received for installation of a
Computerized Maintenance Management System (CMMS)Upgrade for DPU Water Distribution and
Sewer Collection Divisions,and DPW Street and Landscape Maintenance Divisions.Through
additional research,staff has determined that internal efforts to expand a CMMS software system
currently in use will result in reductions of redundant Information Technology (IT)platforms,allow for
increased networking capabilities for multiple users,and provide a cost effective alternative to
minimize rate-payer impacts.
BACKGROUND
The City responds to numerous Service Requests annually.DPU and DPW use or respond to five
distinct,non-linked CMMS vendor platforms to handle these Service Requests which include:
Accela/FresGo,IPS (Hansen-v7 and EAM),Request Tracker and HT-E/Naviline/SunGard.Since
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Accela/FresGo,IPS (Hansen-v7 and EAM),Request Tracker and HT-E/Naviline/SunGard.Since
multiple systems are in use this typically requires a data transfer between CMMS platforms to
complete the work.Unfortunately,each CMMS system is not linked together which limits data
sharing and causes a re-keying of information as work is transferred between platforms.Decreasing
redundant efforts and by use of one common CMMS system is the ultimate goal of this project.
The Request for Proposals (RFP)was crafted to replace the Hansen v7 CMMS system currently in
use with a newer,more advanced CMMS system.Hansen v7 was purchased in 2005,is 13 years
old,and has never been upgraded.Newer,more functional IT systems are available that allow users
to better manage service requests and work orders.These new systems handle the transfer of data
between platforms seamlessly,saving time,effort and increasing customer service.To accomplish
this goal,the RFP for a new CMMS Upgrade was solicited to outside vendors,posted to the City’s
Planet Bids Online site and advertised in the Business Journal on September 1,2017.The City
received four proposals that were opened on September 26,2017.The submittals were evaluated
by a selection committee utilizing the criteria outlined in the pre-qualification package.
Review of the cost of this work and a business case re-evaluation of the current CMMS practices
within both DPU and DPW departments lead staff to determine the optimum solution is to reject all
proposals received in this project and internally perform system expansion upgrades.
Subsequent to re-evaluation,staff has proposed reducing the number of CMMS platforms in use by
expanding the EAM software platform and discontinuation of two other CMMS platforms (Hansen and
Request Tracker).EAM software use will now include DPU Water Distribution,Sewer Collection and
PWD Street and Landscape Maintenance.Expanding the use of this product will reduce IT
redundancy across the departments.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section
15378, the rejection of all proposals does not qualify as a “project” as defined by CEQA.
LOCAL PREFERENCE
Local preference was not implemented because the DPU is seeking to reject all proposals received
for the CMMS Upgrade project.
FISCAL IMPACT
The rejection of all proposals will result in no financial impact to the General Fund or Water
Enterprise Fund. This project is identified in the DPU five year capital improvement plan.
Attachment:Listing of Proposals
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0487 Agenda Date:4/19/2018 Agenda #:1-D
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
Approve an Airline Operating Agreement with Frontier Airlines,Inc.for new passenger airline service
at Fresno Yosemite International Airport (Council District 4)
RECOMMENDATION
Staff recommends Council authorize the Director of Aviation to execute an Airline Operating
Agreement (AOA)with Frontier Airlines,Inc.(Frontier),for passenger airline service at Fresno
Yosemite International Airport (FAT).
EXECUTIVE SUMMARY
AOAs address airline lease and operating parameters related to providing scheduled commercial air
service at airports.The Frontier Airlines AOA is consistent with other airline AOAs at FAT and will be
effective through June 30, 2020.
BACKGROUND
AOAs define common use privileges of the airport (ticketing,baggage claim,gate areas,etc.),lease
of exclusive use space (office and operation areas),rules and regulations associated with airport
operations,and term and termination clauses.AOAs are also viewed by Bond Rating Agencies as
important contractual documents that can lead to favorable credit ratings,which is significant
because the ratings are directly tied to FAT’s ability to meet its future capacity needs.The AOA has
a sixty-day Termination for Convenience clause.
Frontier Airlines is scheduled to begin new service from Fresno to Denver on May 22,2018,with
three flights weekly using an A320 aircraft with a 185 passenger capacity.
The City Attorney has reviewed and approved the AOA as to form.
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File #:ID18-0487 Agenda Date:4/19/2018 Agenda #:1-D
ENVIRONMENTAL FINDINGS
This is not a “project” pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable because the AOA is not a purchase or services agreement.
FISCAL IMPACT
There is no impact to the General Fund from this action.There are no changes in landing fees,
terminal rents or any other fees to the airlines with this action,which are identified in the City’s Master
Fee Schedule.AOAs enable airlines to operate in a cost and operationally efficient manner,which
supports FAT as a regional transportation center and driver of economic development.
Attachments:
-Frontier Airlines AOA
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0482 Agenda Date:4/19/2018 Agenda #:1-E
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
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)
RECOMMENDATION
Staff recommends Council authorize the Director of Aviation to execute an Aviation Land and
Building Lease and Agreement (Lease)with Golden Skies,LLC.,dba Fresno Flyers (Fresno Flyers),
to operate as a Fixed Based Operator (FBO)and Flight School at Fresno Chandler Executive Airport
(FCH).
EXECUTIVE SUMMARY
Fresno Flyers currently operates as a Specialized Aviation Service Operator (SASO)and Flight
School at FCH.The Lease will allow them to operate as an FBO,which includes additional
services such as maintenance and repair of aircraft and helicopters at FCH.The term of the Lease
is for an initial five years with two one-year options to extend,for up to seven years,with a 30 day
termination notice without cause.
BACKGROUND
Fresno Flyers has been operating at FCH since 2013.The Lease will allow them to continue
operating as a Flight School and provide a full range of aviation services as an FBO.An FBO
allows support of aircraft up to 12,500 pounds gross weight and can include,(i)retail sales and
delivery into-plane of aircraft fuel,lubricants and additives,(ii)overnight tie-down and aircraft
storage,(iii)minor aircraft maintenance,servicing and repair,(iv)tire “airing”and battery
“boosts,”(v)pilot and passenger waiting lounge with restrooms,phones and direct-access to the
most current aviation weather information,(vi)air-to-ground radio communications,and (vii)
removal of disabled Aircraft from the Aircraft Operations Area.
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File #:ID18-0482 Agenda Date:4/19/2018 Agenda #:1-E
The current Lease expired March 31,2018,and is currently in hold-over.The leasehold consists of a
3,228 square foot facility,including a 1,242 square foot office building and 1,986 square feet of open
aircraft ramp space. Refer to attached Site Plan.
The City Attorney has reviewed and approved the amendments and the new Lease as to form.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15378, this is not a project for the purposes of CEQA.
LOCAL PREFERENCE
The City's Local Preference Ordinance was not applied because Leases do not include a bid or
award of a construction or services contract.
FISCAL IMPACT
The first year rent is $24,230.40 and is subject to annual Consumer Price Index (CPI)adjustments.
The rent is based on Fair Market Value,which is required by Federal Aviation Administration (FAA)
Revenue Policy.The estimated revenue generated under the Lease for the initial five year term will
be $121,152 plus annual CPI adjustments.If the two 1-year options are executed then the total
revenue is estimated to be $169,613 plus annual CPI adjustments.All revenue will be deposited into
the Airports Enterprise Fund and will contribute to the operation and maintenance of FCH.There is
no impact to the General Fund from this action.
Fresno Flyers provides a necessary and valuable service at FCH and contributes to the economic
development of the community and surrounding region.The ability to provide additional services as
an FBO will further enhance the viability of FCH and the economic impact.
Attachments:
-Aviation Land and Building Lease & Agreement
City of Fresno Printed on 3/14/2023Page 2 of 2
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0503 Agenda Date:4/19/2018 Agenda #:1-F
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:DOUGLAS SLOAN, City Attorney
City Attorney’s Office
SUBJECT
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)
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)
Attachment:
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, SETTING FORTH THE
PROCEDURE FOR A PANEL APPEAL TO HEARING
OFFICER DECISIONS FOR CALIFORNIA BUILDING
CODE VIOLATIONS
WHEREAS, the First District Court of Appeal has held in Lippman v. City of
Oakland that hearings on state building code violations must be heard initially or on
appeal by a panel, rather than a single administrative hearing officer; and
WHEREAS, in light of the Lippman decision, the City deems it advisable to
institute a secondary appeal process allowing a Hearing Officer’s ruling on building code
violations to be appealed de novo to a panel of three hearing officers.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The initial appeal for all municipal code violations shall continue to be
governed by Municipal Code Chapter 1, Article 4. The procedure set forth in this
resolution shall be for a secondary appeal only of notices and orders and citations under
Chapter 11 (Building Permits and Regulations) and other violations that cite to the
California Building Code, and shall allow an appellant to appeal a Hearing Officer’s
Decision rendered under Section 1-410 to a panel of three hearing officers
knowledgeable in the applicable building codes, regulations and ordinances. The
Hearing Officer who rendered the initial decision shall not participate in the panel
appeal.
2. In all applicable cases, the Hearing Officer’s Notice of Decision rendered
under Section 1-410 shall include a “Notice of Right to Panel Appeal,” in a form
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substantially similar to the attached Exhibit A. Either the City or the appellant may
exercise the right to a panel appeal. Exercise of the right to a panel appeal shall be a
prerequisite to an appellant filing a petition for writ of mandate in superior court.
3. To exercise its right to a panel appeal, within ten days of the date of the
Hearing Officer’s Notice of Decision under Section 1-410, the party requesting the panel
appeal shall submit its notice of exercise of right to panel appeal, pay the fee set forth in
the Master Fee Schedule, and submit a written brief outlining the reasons it believes the
Hearing Officer’s decision to be in error. The opposing party shall then have ten days to
submit a brief in opposition. The appeal will be decided based solely on the written
submissions of the parties with no oral argument. The panel shall render its written
decision within forty five days after the request for panel appeal.
* * * * * * * * * * * * * *
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of , 2018.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Vote: , 2018
YVONNE SPENCE, MMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: __
Katie Doerr Chief Assistant [Date] KBD:ns [79581ns/kbd] 4/9/18
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING
THE 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
BE IT RESOLVED BY THE COUNCIL FO THE CITY OF FRESNO:
THAT The Master Fee Schedule Resolution No. 80-420 be and is hereby amended to add a new
fee for a panel appeal to hearing officer decisions on state building code violations by a panel of three
hearing officers. Said fee is detailed in Exhibit “A” and is hereby incorporated by reference and made a
part of this Resolution.
THAT the fee adjusted by this RESOLUTION shall become effective on the day following adoption.
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, CMC
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY:______________________________________________
Raj Badhesha, Deputy City Attorney
EXHIBIT A
CITY OF FRESNO
MASTER FEE SCHEDULE
CODE ENFORCEMENT FEES
Fee Description & Unit/Time Current Proposed Amnd
Code Violation Appeal Fee 409
Single Family Residential up to two units 35.00
Multi-Residential with three or more units 55.00
Commercial Apartment Complexes and Commercial Business 75.00
Panel Appeal by three hearing officers 480.00 511
Effective Day
Following
Adoption
Code Citation Penalties - General*528
1st citation for non-compliance of code violations up to or 250.00 Effective
maximum 11/8/2016
2nd citation for non-compliance of code violations up to or 500.00
maximum
3rd citation for non-compliance of code violations up to or 1,000.00
maximum
Code Citation Penalties - Health and Safety*
1st citation for non-compliance of code violations up to or 800.00 528
maximum Effective
2nd citation for non-compliance of code violations up to or 1,200.00 11/8/2016
maximum
3rd citation for non-compliance if code violations up to or 1,600.00
maximum
Collection Agency Recovery Fee**27%528
Effective 1/1/2017
Late Payment Charge 409
$1.00 minimum 1.5%
Lien Release Fee
Per lien release - County Filing Fee 60.00 500
Hotel/Motel Inspection Fee 464
Hour, 1-hour minimum 100.00
Family day care annual inspection 100.00 464
Hour, 1 hour minimum
*Code Citation Penalties may be issued by enforcing officers as set forth in, but not limited to, Fresno
Municipal Code Sections I-302 and I-308.
**This Fee is also used by the other departments, including the Fire Department.
PLANNING & DEVELOPMENT FEES
All fees effective 07/01/17 unless otherwise noted
MFS Amendment #543 (April 2018) 4/10/201810:01 AM Page 65
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0410 Agenda Date:4/19/2018 Agenda #:1-G
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KERRI L. DONIS, Fire Chief
Fresno Fire Department
SUBJECT
Approve a contract with Draeger,Inc.,for the purchase of 20 Draeger UFC 9000 NFPA Thermal
Imaging Cameras and accessories
RECOMMENDATIONS
Staff recommends that Council approve a contract with Draeger,Inc.,in the amount of $193,048.50
for the purchase of Drager UFC 9000 NFPA Thermal Imaging Cameras and accessories.
EXECUTIVE SUMMARY
The Fire Department was awarded a grant from the U.S.Department of Homeland Security
Assistance to Firefighters Grant Program.Acceptance of the Grant was approved by Council on
August 24,2017.One of the items the grant provided was 90 percent funding for the Purchase of
20 Thermal Imaging Cameras.A formal bid was conducted and Draeger,Inc.,provided the lowest
responsive and responsible bid.Staff recommends Council approve a purchase contract with
Draeger, Inc.
BACKGROUND
On August 24,2017,Council authorized the acceptance of a grant from the U.S.Department of
Homeland Security (DHS)Assistance to Firefighters Grant Program to the Fire Department in the
amount of $325,700 to provide new machinery and equipment.This grant had two components:1)20
Mobile Data Terminals,which have already been awarded in the amount of $113,240;and 2)20
Thermal Imaging Cameras.At that time,Council also approved the 21st amendment to the Annual
Appropriation Resolution (AAR)which appropriated the grant and the City’s 10 percent match of
32,600.
A formal bid was completed for the purchase of the 20 Thermal Imaging Cameras.The Fire
Department opted for the specified model,the Drager UFC 9000 NFPA Thermal Imaging Camera as
the model is already in use on apparatus,and firefighters are already trained for their use.Thermal
Imaging Cameras are used under stressful situations and are often operated by touch or feel.Being
trained on one camera and being familiar with a camera’s functions and operations with no hesitation
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trained on one camera and being familiar with a camera’s functions and operations with no hesitation
is crucial during emergency situations and ultimately firefighter and victim safety.
The advertising date of the formal bid was January 31,2018.There were four bids received and
opened on February 20,2018.One bid was determined “non-responsive”due to wrong product and
Draeger, Inc. provided the lowest bid in the amount of $193,100.
ENVIRONMENTAL FINDINGS
This item is not a project as defined by the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference was not implemented based upon conditions of the federal funding for the project.
FISCAL IMPACT
The net impact to the General Fund for the purchase of the Draeger UFC 9000 Thermal Imaging
Cameras is the City of Fresno’s 10%match of $19,304.As outlined to Council in the August 24th,
report,the match will be covered by existing appropriations.Since the actual costs of the equipment
were less than estimated,the Department is currently working with the DHS to obtain approval to
purchase additional terminals and/or cameras with the remaining funds.
Attachments:
By Pass Memo
Bid File No. 9438
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0461 Agenda Date:4/19/2018 Agenda #:1-H
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KERRI L. DONIS, Fire Chief
Fire Department
SUBJECT
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
RECOMMENDATION
It is recommended Council approve the Master Agreement between Fresno City College and the City of Fresno Fire
Department for reimbursement of instructional training costs (Agreement).
EXECUTIVE SUMMARY
The Fresno Fire Department (FFD)entered into a training reimbursement agreement with Fresno City College (FCC)in
1999.Under the state-sponsored program,FFD received a monetary reimbursement for each hour of training logged by
its members.In December 2009,FCC terminated the agreement due to the loss of the program administrator.FFD then
negotiated a similar agreement with Miramar College in San Diego which commenced July 2,2010,and expired prior to
fiscal year 2015.In 2016,FCC and FFD entered into an agreement to reinstitute their instructional service program,this
agreement expires June 30, 2018,
Approval of this Agreement will extend the program from July 1,2018,to June 30,2021.The reimbursement rate will be
$3.50 per hour.Funds received from this agreement will be reinvested back into the training program for the services,
facilities, materials, overtime, and equipment supplied to conduct fire service training.
BACKGROUND
The proposed Agreement with FFD provides an opportunity for training and increased training revenues as the FCC
agreement will reimburse up to a maximum of 92,000 hours per fiscal year.The reimbursements received under these
agreements are used to supplement the departmental training program and provide for services,facilities,materials,and
equipment.As such,the FFD is recommending approval of the Agreement for a three-year term,from July 1,2018,and
ending on June 30, 2021.
FCC provides specialized training,registration,and college units for the Department’s sworn,safety,and firefighting
personnel as part of monthly continuing education needs.Under the agreement,FCC offers approved educational
courses through its various programs to meet the needs of the FFD.FFD provides instruction assistance,facilitators,
equipment,materials,day-to-day management,support,and all other related overhead necessary to conduct FCC’s
affiliated education programs and will be reimbursed a fee of $3.50 per student instructional hour eligible for state general
apportionment.
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File #:ID18-0461 Agenda Date:4/19/2018 Agenda #:1-H
The City Attorney has reviewed and approved the Agreement as to form.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 this item does not
qualify as a “project” as defined by CEQA.
LOCAL PREFERENCE
Local preference is not applicable to this proposed master agreement.
FISCAL IMPACT
Training revenues that may be realized from this Agreement can be up to $322,000 (92,000 hours @ $3.50)net of
enrollment fees,subject to the training hours documented by field personnel.The revenues are only a reimbursement for
costs incurred by the Department;it will be used to offset the costs of training overtime and the materials and equipment
utilized in the training unit.
Attachments:
Master Instructional Service Agreement Between
Fresno City College and City of Fresno Fire Department
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0508 Agenda Date:4/19/2018 Agenda #:1-I
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KERRI L. DONIS, Fire Chief
Fire Department
BY:THEODORE F SEMONIOUS, Deputy Chief
Fire Department
SUBJECT
***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)
RECOMMENDATION
It is recommended that Council approve the introduction of the ordinance relating to amendments to
Section 10, Article 5, Fire and Life Safety Regulations.
EXECUTIVE SUMMARY
Every three years,the California Building Standards Code (CBSC)is reviewed (and modified where
applicable)then adopted by the California Building Standards Commission.In 2016,the
Commission voted to adopt the 2016 edition of the CBSC which includes the 2016 edition of the
California Fire Code.The CBSC went into effect January 1,2017.The City of Fresno Municipal
Code contains these standards,which are adopted or modified as necessary to ensure the safety of
the community.On occasion the California Fire Code is amended with intervening code cycle
changes.The proposed changes are adding Sections 10-50503.7 electrified security fences,10-
50605.11.1.2.1 pathways to ridge,10-50605.1.2.2 setbacks at ridge,10-50605.11.1.2.2.1 reserved
for future use,10-50605.11.5 disconnecting equipment,10-50605.11.6 disconnecting equipment
labeling,10-50903.2.8 newly built R2.1 occupancies,10-50908.8 emergency alarm system
interconnection,10-50916.11.4 fire alarm system connections,and amending Section 10-50605.11
solar photovoltaic power systems.Staff is introducing the attached ordinance to be considered for
adoption.
BACKGROUND
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File #:ID18-0508 Agenda Date:4/19/2018 Agenda #:1-I
The 2016 CBSC incorporated the 2015 edition of the International Fire Code,as amended with
necessary California amendments.The 2016 CBSC became effective on January 1,2017,and was
mandated by the California Building Standards Commission for statewide adoption and
enforcement.The City of Fresno has the authority to make necessary modifications to the State
Code as needed.
The majority of these intervening code cycle changes being made to the Fresno Municipal Code are
either items currently being regulated through policies of the Fresno Fire Department (FFD)or were
deemed to reduce the current level of fire protection to certain occupancies.
·Section 10-50503.7 is a new section not in the Fire code but recommended for approval to
codify existing FFD policy and the California Civil Code.It cleans up enforcement (including
citations)when installations have occurred without the benefit of the review and permit
process.This section will require permits and control installations of electrified security
fences.
·Section 10-50605.11 solar photovoltaic power systems,is editorial in nature only,having no
regulatory effect.
·Section 10-50605.11.1.2.1 solar photovoltaic power systems,pathways to ridge,deals with
the prescriptive requirement for two 36"pathways on separate roof planes,including one on
the street side of the building.The FFD amended language has little impact on the
construction industry or building owner.This is a firefighter safety issue first and foremost
as it provides uniform access to the top of a structure during extinguishment operations.
Under the extremes of firefighting conditions with potential for limited visibility,a uniform
access and egress point for the firefighter is essential.It also provides a simple formula for
the solar designer to comply with, speeding plan review times for staff.
·Section 10-50605.11.1.2.2 solar photovoltaic power system,setbacks at the ridge.The FFD
amendment to this section eliminates the additional time and complexity required during
plan review.The model code provides for the allowance of percentage calculations to be
used in the determination of alternative setbacks.It provides the same 36”requirement on
each side of the ridge as the previous section did for access to the ridge.This provides a
uniform expectation for firefighters operating on a roof,and will decrease the burden on plan
review staff.
·Section 10-50605.11.2.2.1 pertains to alternative setbacks at the ridge and has been deleted
and reserved in its entirety.
·Section 10-50605.11.5 (Disconnecting equipment),amends a current FMC section to
eliminate the word “indicating”.
·Section 10-50605.11.6 (Disconnecting equipment labeling)is an addition to the FMC cleaning
up existing language found in FFD policy.The language in this addition is taken from the
Electrical Code.
·Section 10-50903.2.8 is mostly model code with the exception of newly built R2.1
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·Section 10-50903.2.8 is mostly model code with the exception of newly built R2.1
occupancies.This section is amended to require the previously required and more
protective NFPA 13 sprinkler system.Group R2.1 occupancies generally cover multi-client
buildings which house clients on a 24-hour basis,who because of age,mental disability or
other reasons,live in a supervised residential environment that provides personal care
services.Allowing a less protective NFPA 13 R system does not protect the structure and
may displace occupants for a longer time causing additional burden on the systems in place
to care for these individuals.The impact to the industry is low due to the limited amount of
this type of occupancy constructed annually (generally less than 5 per year).
·Sections 10-50908.8 (Emergency alarm system interconnection)and 10-50916.11.4 (Fire
alarm system connections)simply codify existing FFD policy and correct what is widely
believed to be an error in section 10-50908.8 which has been brought to the State Fire
Marshal's attention for correction in the final CFC edition.
It is of the opinion of the Department that the proposed changes will continue to provide the citizens
of Fresno the highest level of fire protection available.
Local amendments proposed for adoption are limited to those that are essential to effectively
administer code responsibilities in daily operations of the fire department and to maintain previous
amendments approved by Council relating to fire and life safety.Staff recommends adoption of the
standards as proposed.
ENVIRONMENTAL FINDINGS
This is not a project for the purpose of the California Environmental Quality Act.
LOCAL PREFERENCE
Local preference is not applicable to this proposed ordinance change.
FISCAL IMPACT
This ordinance will have no impact on the General Fund.
Attachment:Ordinance -Relating to Fire and Life Safety Regulations
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0509 Agenda Date:4/19/2018 Agenda #:1-J
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KERRI L. DONIS, Fire Chief
Fire Department
BY:THEODORE F SEMONIOUS, Deputy Chief
Fire Department
SUBJECT
***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)
RECOMMENDATION
It is recommended that Council approve the introduction of the ordinance relating to amendments to
Sections 10-1505 Definitions,10-1507 Prohibited Acts,and 10-55602.4 General Prohibition Against
Possession, Sale, Use, and/or Display of Fireworks.
EXECUTIVE SUMMARY
It has come to staff’s attention that certain subsections of the Fresno Municipal Code Section 10-
1505,10-1507,and 10-55602.4 reference obsolete code section numbers that were previously
repealed by ordinance 2016-48.The proposed ordinance cleans up these obsolete references and
adds the correct references.Staff is introducing the attached ordinance to be considered for
adoption.
BACKGROUND
Every three years,the California Building Standards Code (CBSC)is reviewed (and modified where
applicable)then adopted by the California Building Standards Commission.In 2016,the
Commission voted to adopt the 2016 edition of the CBSC which includes the 2016 edition of the
California Fire Code.The CBSC went into effect January 1,2017.The City of Fresno Municipal
Code contains these standards which were adopted by Ordinance 2016-48,effective January 9,
2017,which repealed and added Section 10,Article 5,Fire Prevention.The proposed ordinance
has been approved by the City Attorney’s office.
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File #:ID18-0509 Agenda Date:4/19/2018 Agenda #:1-J
ENVIRONMENTAL FINDINGS
This is not a project for the purpose of the California Environmental and Quality Act.
LOCAL PREFERENCE
Local preference is not applicable to this proposed ordinance change.
FISCAL IMPACT
This ordinance will have no impact on the General Fund.
Attachment:Ordinance - Amending Subsection (g) of 10-1505, Subsection (d) of 10-1507,
Subsection 5602.8 and 5602.10 of 55602.4 Relating to Fire and Life Safety Regulations
City of Fresno Printed on 3/14/2023Page 2 of 2
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0441 Agenda Date:4/19/2018 Agenda #:1-K
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:WILMA QUAN-SCHECTER, City Manager
Office of the Mayor & City Manager
SUBJECT
***RESOLUTION -Amending the Office of Independent Review Policy related to attorney-client
privilege and staffing. (Subject to Mayor’s veto)
RECOMMENDATION
It is recommended that Council approve the resolution to amend the Office of Independent Review
Policy as it relates to attorney-client privilege and staffing.
EXECUTIVE SUMMARY
It has come to our attention that the Office of Independent Review (OIR)would be unable to fulfill
their mission of increasing trust and confidence between the community and the Fresno Police
Department without amending the OIR Policy approved last year.This amendment provides the OIR
with limited access to City attorney-client privileged information in order to attend Officer-Involved
Shooting Review Committee meetings and perform other essential functions.In addition,we have
updated the Policy to reflect the change in support staff from an Administrative Assistant to a
Community Coordinator.
BACKGROUND
On March 16,2017,the City Council voted to support the establishment of the Mayor’s Citizens’
Public Safety Advisory Board and the Office of Independent Review Policy to make substantive
changes in the staffing and operation of the OIR.One of the many significant changes was to require
the OIR to attend Officer-Involved Shooting Review Committee meetings.However,the Policy
retained language from its’2009 inception that did not allow attorney-client privileges to the OIR with
the City,the Police Department or City Employees.Without the limited version of attorney-client
privilege included in this amendment,the OIR would not be able to attend Officer-Involved Shooting
Review Committee meetings or any other meetings where the Police Department and their legal
counsel are present.In order to do an effective job of building trust and transparency,we have
consulted the City Attorney and the OIR and we all agree that the most efficient way to provide
access for the OIR to these important meetings and provide information necessary to perform other
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File #:ID18-0441 Agenda Date:4/19/2018 Agenda #:1-K
access for the OIR to these important meetings and provide information necessary to perform other
essential functions of the position is to allow the limited attorney-client privilege contained in this
amendment.
This amendment also aligns OIR Policy with the current and future staffing of the OIR.Originally,the
Policy staffed the OIR with an Administrative Assistant.Once we hired our new local Independent
Reviewer (IR),we determined that the office did not need an Administrative Assistant and would be
much better served and much more effective with a Community Coordinator to assist the IR in
reaching out to community groups,professional organizations,neighborhood associations,schools,
etc.We believe this arrangement is working very well and determined that the Policy should be
amended to correctly reflect the actual staffing of the office.
City Attorney has reviewed and approved the Resolution and Policy.
ENVIRONMENTAL FINDINGS
This is not a project for the purpose of the California Environmental and Quality Act.
LOCAL PREFERENCE
Local preference is not applicable to this proposed policy change.
FISCAL IMPACT
This policy will have no impact on the General Fund.
Attachment:OIR Policy Amendment Resolution
Amended OIR Policy
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MAYOR LEE BRAND
POLICY PROPOSAL
for the
OFFICE OF INDEPENDENT REVIEW
Adopted as Amended April 19, 2018
MAYOR LEE BRAND
POLICY PROPOSAL
for the
OFFICE OF INDEPENDENT REVIEW
Protecting our Officers and Safeguarding the Public's Trust in Law Enforcement
"Police officers are entrusted with an enormous amount of power and authority -the
authority to deprive someone of his or her personal freedom based on an officer's sworn
testimony and the authority to take someone's life under a given set of circumstances if
the officer believes their life or the life of another is in jeopardy. Members of the public
who trust their police department are far more likely to report criminal activity and
cooperate during police investigations. An independent police auditor [Office of
Independent Review] will increase and help to safeguard the level of public trust
between the Fresno Police Department and the community. The importance of this
trust cannot be overstated."
--Jerry Dyer, City of Fresno Chief of Police
Introduction
The Office of Independent Review (OIR) was initially established by Council Resolution
No. 2009-66 effective March 31, 2009. Almost 8 years later, on March 16, 2017, Mayor
Lee Brand is establishing [established] a Citizens' Public Safety Advisory Board
(CPSAB) to serve in an advisory capacity to the OIR. The addition of the CPSAB
requires enhancements and changes to the OIR policy.
Both of t[T]hese policies been crafted [were developed] with the understanding that our
Fresno police officers are highly trained, capable people who strive to serve the public
every day with professionalism and that the tremendous power and authority invested in
them, along with the often harmful and life threatening situations in which we ask them
to work warrants some measure of independent review to protect our officers and to
enhance the public's trust.
To be fully effective, police agencies require the highest level of public confidence and
officer credibility throughout the community they serve. The OIR has provided ongoing,
independent feedback to the Chief of Police, Mayor, City Council and the community to
help address issues impacting public support and cooperation.
The Fresno Police Department is a highly-trained professional police agency with 804
[over 800] sworn officer positions. Department personnel make over 600,000 citizen
contacts each year. These range from responses to 911 calls and arrests of criminal
suspects to traffic stops and special events patrols. Citizen inquiries or complaints
arising from contacts with police are handled by the department 's own Internal Affairs
Division.
The OIR provides for an impartial analysis of Internal Affairs investigations by a neutral
third party. The Citizens' Public Safety Advisory Board will review many of the OIR's
audits [reviews] and use them as the basis to develop pro-active recommendations to
the Police Department to enhance public trust and officer safety.
The following pages detail the additional functions, responsibilities and procedures
Mayor Brand is making to the Office of Independent Review. Much research and
thought has been put into these policy proposals with the intention of improving
Fresno's responsible and well-constructed approach to these issues.
We are grateful for the input we have received from Councilmembers, the City
Attorney's Office, Chief Jerry Dyer, the Fresno Police Officers Association, the Mayor's
Advisory Council, community leaders and the public at large.
Key Principles in the Establishment of the Office of Independent Review
Here is a recap of the key principles and concepts that formed the foundation of the City
of Fresno's Office of Independent Review (OIR) and will continue in the future:
Independence - Independence is and has been essential to the OIR's success. The OIR
must exercise independent judgment, free of any real or perceived bias. Inherent in the
concept is the benefit to the City and the community of "a fresh set of eyes and ears."
True independence requires a partnership between OIR and the City administration.
Independence has been demonstrated by the impartiality of the OIR's analysis and
conclusions. The addition of the Citizens' Public Safety Advisory Board extends those
connections to our entire community.
Fairness, Integrity, and Honesty - The OIR must be impartial in word and deed, process
and results. Even the appearance of partiality can undermine the OIR's work and
credibility. The OIR must continue to be candid with stakeholders and participants. A
lack of honesty will impair an OIR's ability to function.
Transparency -The OIR must provide an additional level of transparency for the Police
Department. Therefore, the OIR's own work product has been made available to the
community, to the extent permitted by law.
Participation of Stakeholders - The OIR must continue to welcome the participation of
all internal and external stakeholders. Both internal and external stakeholders have
access to the OIR and the ability to offer input or seek assistance.
Acceptance, Cooperation and Access - The City's administrators, managers and
policymakers must continue to embrace the OIR's independence. This means
continuing to permit the OIR the necessary freedom to inquire and a willingness to
evaluate the OIR's work product with an open mind. In order to gain the maximum
possible benefit, the City and its staff will continue to fully cooperate with the OIR.
Obedience to Legal Constraints - The OIR must obey all relevant laws and respect the
rights of all stakeholders, including the Public Safety Officers Procedural Bill of Rights,
also known as POBRA.
Roles and Responsibilities of the OIR:
The duties of the Office of the Independent Review (OIR) include:
Meet monthly with the Chief of Police;
Meet monthly with the Fresno Police Officers Association;
Attend all meetings of the CPSAB and act as the liaison between the Police
Department and the CPSAB[, and recommend amendment to functions of the
CPSAB as necessary];
The OIR shall monitor and/or audit [review] the following areas:
o Audit [Review] investigations conducted by Internal Affairs;
o Audit [Review] personnel investigations;
o Monitor and audit [review] officer-involved shooting investigations;
o Monitor and audit [review] use of force investigations;
o Monitor and audit [review] investigations of in-custody deaths;
o Monitor and audit [review] collisions during pursuits that result in serious
injury or death; and
o Monitor and audit [review] complaints involving alleged bias relating to
gender, race, ethnicity, religion, age, sexual orientation or disability.
The OIR shall also do the following:
o Respond to officer-involved shooting scenes when available; and
o Attend officer-involved shooting review committee meetings;
The OIR may also, in its discretion, monitor and/or audit [review]:
o All other collisions during pursuits:
o Claims of retaliation for filing complaints against police officers; and
o Any other complaints.
These discretionary audits [reviews] may be conducted on the OIR's own initiative, as a
result of citizen requests or requests submitted by the Chief of Police, division
commander or officers.
In mandatory audits [reviews] and/or monitoring, the OIR may only choose to be
involved in the investigation process as an observer (not an additional investigator) from
the initial callout until the investigation is completed. Once the investigation is
completed, it will be monitored and audited [reviewed] by the OIR according to the
above.
As a result of conducting each audit [review], the OIR will prepare an audit [review]
report. The reports will focus on evaluating the investigation's adequacy and
thoroughness, as well as the quality and accuracy of the investigation report.
The OIR will attempt to resolve any concerns about an investigation at the lowest level,
starting with the investigating sergeant and thereafter up the chain of command.
Ultimately, if merited, the OIR may discuss concerns with the Chief of Police and then
the City Manager. In any event, every OIR audit [review] will result in an audit [a review]
report. Audit rReview [r]eports will be forwarded to the City Manager and City Attorney
and shall be written in a manner as to ensure compliance with all personnel and
confidentiality laws.
Review Inquiry and Complaint Logs - The OIR will review the Police Department
inquiry forms and complaint logs monthly to identify unresolved inquiries and any
trends in allegations that may require follow up or further action. The OIR will
review these inquiries to determine whether any should have been investigated
as a complaint of misconduct rather than addressed as an inquiry. The Police
Department will follow up as appropriate. The OIR will work with Internal Affairs
to identify areas that may be appropriate for data collection based on regular
review of the inquiry and complaint logs.
Identify and Monitor Trends - The OIR will have access to monitor the Fresno
Police Department's "Early Alert" system, as well as demographic data on traffic
stops and other incidents to identify and monitor trends along with specific
responses for remedial actions to address these trends.
Serve as a Community Resource - Community members want to be assured that
the process is thorough, fair and without bias. The OIR will make presentations
to community groups, professional organizations, neighborhood associations, the
media, schools and participants in the Citizen's Police Academy to educate the
community and to solicit suggestions on strengthening the partnership between
the community and the Police Department. The OIR will provide information to
community members about its role and the process by which complaints are
received and investigated. Constituents may initiate contact with the OIR that
can be informal inquiries concerning police policies, questions about the
complaint process or community members who want to share their opinions or
concerns, but do not necessarily want to file a formal complaint.
The OIR will have blank Complaint and Commendation forms available and can
receive completed forms from community members for forwarding to the Police
Department's Internal Affairs unit. The OIR will maintain brochures, pamphlets
and other materials to assist citizens seeking information concerning the
complaint process, as well as how to commend Police Department employees.
Serve as Resource for Police Officers and Managers - The OIR shall also serve as a
resource for police officers and managers for consultation regarding recommending
changes to police policies. Any recommendations for policy changes will be justified
based on an analysis of internal trends and data and community and professional
standards, including procedures used in police departments of similar size and
demographic parameters. In addition, the OIR will make presentations to newly hired
police officers during their final stages of orientation to provide them with information
about residents' perspectives of law enforcement and insight into the most common
types of constituent's complaints.
Produce an Annual [a Quarterly] Report - The OIR will produce an annual [a
quarterly] report that will be transmitted, through the City Manager, to the Mayor,
City Council, Chief of Police and public. The annual [quarterly] report[s] will be
posted on the City's website. The annual [quarterly] report will include information
on the number and types of complaints by category; the number of complaints
sustained; the number of complaints that are unfounded, not sustained and
exonerated; the number of complaints where the complainant failed to cooperate
in the investigation; an analysis of trends and patterns, along with remedial
actions taken such policy changes, training enhancement and equipment
modifications made in response to trends. The report will provide transparent
and accurate information about the overall performance of the department while
protecting the confidentiality of the individual members of the police department
and public.
Participate with the Citizen [Public Safety] Advisory Board, as directed by the City
Manager, including sharing appropriate information, receiving the Board's
recommendations, and reporting the Board's findings and recommendations to the City
Manager on a quarterly basis.
Limitations on the OIR
•No unauthorized OIR Investigations - While the OIR will have the authority to
review all personnel investigations; it will not conduct its own independent
investigations of citizen complaints or allegations of employee misconduct.
Complaints from community members that are received by the OIR will be forwarded to
the Police Department's Internal Affairs unit and will proceed through the process
according to existing Police Department protocol. The Internal Affairs unit will perform
the investigation. Internal Affairs will send the complainant a confirmation letter or will
make direct contact acknowledging receipt of the complaint and will give a brief
description of the investigative process. In those instances where an investigation is
initiated, complaints will be provided with a Citizen's Complaint Receipt by Internal
Affairs that includes the case number assigned to the complainant, the date the
complaint was taken and the name of the assigned investigating Sergeant.
•Ensuring Confidentiality - We understand that respecting and ensuring the
privacy and confidentiality of police officers and their personnel records is of the
utmost importance. The OIR will have delegated authority from the City Manager
to undertake his or her duties. The OIR will conduct himself or herself in a
manner consistent with all relevant laws and confidentiality practices. Personnel
matters, including information protected under [the Public Safety Officers
Procedural Bill of Rights], are classified as confidential. In such matters, neither
the City Manager nor the OIR are allowed to disclose any information to any
individual or entity not authorized by policy or law, including disciplinary actions
resulting from complaints.
•Communication Protocol - The OIR will not make public comments revealing or
based upon the content of confidential personnel materials without the specific
written authorization of the City Manager. The restriction does not prevent the
OIR from reporting any concerns to the Mayor, City Manager, the Chief of Police
or the City Attorney. In the interests of enhancing public understanding, the City
Manager may authorize the OIR to report on specific incidents with personal
identifiers removed, as long as confidentiality laws are not violated.
•Access to Information - The OIR will not have access to City privileged attorney-
client communication, both orally and in writing. [The OIR shall have limited
access to City attorney-client privileged information and be subject to attorney-
client privilege any time the OIR is involved in confidential communication with an
attorney for the City. The OIR shall not disclose any attorney-client privileged
information outside of the context of an attorney-client privileged setting. If the
OIR has any questions about the extent of the privilege, he or she shall consult
the City Attorney.]
Staffing the Office of Independent Review
To fulfill the roles and responsibilities outlined above, it is recommended that the OIR be
staffed with two full-time employees: (1) Independent Reviewer; and (2) [Community
Coordinator].
Complete job descriptions will be developed for each position. The following
paragraphs are an overview of the types of skills required to fill the positions.
The Independent Reviewer (IR) will be a full-time position filled by a local resident.
The IR will be responsible for reviewing investigations, reviewing inquiry and complaint
logs, identifying and monitoring trends in the Police Department and serving as a
resource for police officers and managers (see Role and Responsibilities of the OIR
above). The job skills required for the IR shall include experience and knowledge of
police procedures, personnel issues, penal code, relevant case law and court decisions
and the procedural protections provided to officers pursuant to the Public Safety
Officers Procedural Officer's Bill of Rights.In addition to general law enforcement
experience and/or membership in the California Bar Association, there should be a
preference for someone with experience in local, front-line law enforcement situations
often encountered by the Fresno Police Department.
The IR must be a person who is fair and impartial, possessing analytical skills to
comprehend complex investigations. S/he must be a person of extreme integrity who
understands the importance of confidentiality and has the demonstrated ability to
navigate complex investigations in a fair and unbiased manner. S/he must be willing to
adhere to a code of ethics, such as that prescribed by the National Association for
Civilian Oversight of Law Enforcement and should not be influenced or coerced. The
City shall require the OIR to disclose relationships which might create a conflict of
interest and, in particular, relationships and communication between the OIR, elected
officials and any internal or external stakeholders which would call into questions
conflicts, influence or attempts to corrupt the process.
The IR will also be responsible for informing and educating members of the community
about the existence of the OIR and the process by which complaints are received and
investigated. S/he will make presentations to community groups, professional
organizations, neighborhoods associations, the media, schools, participants in the
Citizen's Police Academy and other groups and will also solicit suggestions on
strengthening the partnership between the community and the Police Department. S/he
must have a demonstrated ability to work well with a wide diversity of groups with
differing viewpoints and backgrounds.
Administrative Assistant - The Administrative Assistant will work at the direction of the
IR to support the administrative needs of the OIR. The assistant must have a
demonstrated ability to work well with the public and the necessary office skills to
process and organize a variety of documents in a professional setting. The
Administrative Assistant shall be a person of extreme integrity who understands the
importance of confidentiality: The Administrative Assistant, working in conjunction with
the City Clerk, shall serve as the Clerk of the CPSAB and will act as Secretary of those
board meetings and shall maintain files and records of the CPSAB .
[Community Coordinator (CC)– The Community Coordinator will work at the direction
of the IR and will be responsible for informing and educating members of the community
about the existence of the CPSAB and the OIR and the process by which complaints
are received and investigated. The CC will assist the OIR in making presentations to
community groups, professional organizations, neighborhoods associations, the media,
schools, participants in the Citizen’s Police Academy and other groups and will also
solicit suggestions on strengthening the partnership between the community and the
Police Department. The CC must have a demonstrated ability to work well with a wide
diversity of groups with differing viewpoints and backgrounds. Also, the CC, working in
conjunction with the City Clerk, shall serve as the Clerk of the CPSAB and will act as
Secretary of those board meetings and shall maintain files and records of the CPSAB.]
Budget
It is the Mayor's expectation that current budget allocations for the OIR are sufficient to
fund the duties assigned through this policy.
Office Location
The Office of the Independent Review will be supplied City office space not in the Police
Department in order to accommodate constituents who may not be willing to go directly
to a police facility for information, to ask questions or to file a complaint.
Expected Outcomes/Measures of Success
In conjunction with the CPSAB, the OIR will develop performance standards and
metrics to determine the effectiveness of both [the CPSAB and the OIR]. These
performance standards and metrics will be subject to the approval of the City Manager
and the Mayor prior to their acceptance and use.
A thorough, independent evaluation of the OIR will be conducted every other year to
determine whether the office is meeting its objectives.
Conclusion
These policy proposals were developed with the understanding that Fresno police
officers are highly trained, capable people who strive to serve the public every day with
professionalism and that because of the tremendous power and authority invested in
law enforcement, independent audits [reviews] of investigations to protect our officers
and maintain the public's trust is a substantial ongoing benefit to the people of the City
of Fresno.
The policy proposals for amending the OIR and the addition of the CPSAB are not
being made with the unrealistic expectation that constituent complaints will cease to
exist or even decrease because of independent audits [reviews] in the short- or mid-
terms. There will always be complaints and, in fact, an increase in initial complaints is
expected due to these changes to the Office of Independent Review and the addition of
the Citizens' Public Safety Advisory Board. The primary role of the OIR is to ensure that
complaints are thoroughly and appropriately investigated and that the community has
trust in the process. If administered correctly, the OIR will help protect our officers by
enhancing policies, procedures and training for the Fresno Police Department and
strengthening police-community relations.
The successes of the OIR and the CPSAB will be measured in a number of ways,
including, but not limited to: results from public surveys on attitudes toward the Police
Department, reductions in the number of complaints filed against the department,
effectiveness of working relationship between the OIR and Police Department
personnel, reduction in costs for legal services, judgments and settlements and
ultimately, a safer city.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0502 Agenda Date:4/19/2018 Agenda #:1-L
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:YVONNE SPENCE, City Clerk, MMC
City Clerk’s Office
SUBJECT
***RESOLUTION - Revising the Public Records Act policy to provide certain documents over the
counter (Subject to Mayor’s veto)
RECOMMENDATION
Staff recommends approval of this item.
EXECUTIVE SUMMARY
The Public Records Act was revised to include allowing the City Clerk’s Office to provide documents
in response to requests for information” over the counter” without going through the process of
sending the requests to the City Attorney’s Office.
BACKGROUND
The records located in the City Clerk’s Office are public records that have been approved by the City
Council and most of these documents are available on-line for the public. Therefore, making an
exception for following the process in the Public Records Act for the City Clerk’s Office will make the
process more efficient.
ENVIRONMENTAL FINDINGS
NA
LOCAL PREFERENCE
NA
FISCAL IMPACT
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File #:ID18-0502 Agenda Date:4/19/2018 Agenda #:1-L
NA
Attachments:Revised Public Records Act Resolution
Revised AO 8-4
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, REVISING THE PUBLIC
RECORDS ACT POLICY TO PROVIDE CERTAIN
DOCUMENTS OVER THE COUNTER.
WHEREAS, the Council values the transparency afforded citizens by the Public
Records Act; and
WHEREAS, Administrative Order 8-4 governs the procedure for the City’s
response to Public Records Act requests, and Resolution 2014-172 extends the policy
of Administrative Order 8-4 to each City Official and Department; and
WHEREAS, AO 8-4 has been revised to account for a procedure for providing
certain official documents and records “over the counter”; and
WHEREAS, by this Resolution the Council wishes to extend the applicability of
Administrative 8-4 as revised to all City Departments and officials.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Administrative Order 8-4 is hereby made applicable to all City
Departments and officials including Council offices and the Offices of the City Clerk and
City Attorney.
* * * * * * * * * * * * * *
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of , 2018.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Vote: , 2018
YVONNE SPENCE, MMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: __
Katie Doerr [Date]
Chief Assistant City Attorney
KBD:ns [79386ns/kbd] 3/27/18
ADMINISTRATIVE ORDER NUMBER 8-4
SUBJECT: Public Records Act Policy and Procedure
Responsible Department: City Attorney
Date Issued: 09-15-2003
Date Revised: 04-09-2018
Approved: (Signature on File)
Purpose
The purpose of this policy is to establish procedures for City responses to California
Public Records Act (PRA) requests:
Procedures
Each City Official and City Department (collectively, “Department”) shall designate a
person or persons to be responsible for responding to requests for records. These
representatives will be known as PRA Coordinators. For Departments that have more
than one division, the PRA Coordinator will be responsible for coordinating and
responding to requests for records that overlap different divisions within the
Department.
The City Attorney’s Office will designate a staff member to coordinate the response to
requests (the “Central Coordinator”). The Central Coordinator will keep a log of all PRA
requests, coordinate responses, and maintain control copies of documents provided in
response to the request.
The Departments where records are located are responsible for compiling records and
forwarding them to the Central Coordinator. Requests frequently include records
maintained in several Departments.
The City is not required to create a record that does not exist, compile data, nor respond
to questions, other than to produce currently maintained records in the form they are
kept.
This Administrative Order does not apply to routine requests for Police and Fire
Department reports, which will continue to be handled internally by those Departments.
It also does not apply to official records in the City Clerk’s possession that can be
provided “over the counter,” such as resolutions, ordinances, agendas, minutes, and
contracts officially approved by Council. The City Clerk may also provide over the
counter anything on the internet, or direct the requester to the location on the internet at
which it can be found, consistent with California Government Code 6253(f).
Furthermore, this Administrative Order does not apply to access to the Form 700.
However, the Form 700 is required to be made available to the public as soon as
practicable, and in no event later than the second business day following receipt of the
request. If there is any question as to whether a document, or a portion or attachment
Administrative Order 8-4
Effective Date: 04-09-2018
Page 2 of 3
thereof, should be produced pursuant to this paragraph, the Department should consult
with the City Attorney’s Office.
The following procedures will be followed:
1. When a Department receives a request, either written or oral, it will immediately
notify the Central Coordinator of the request and forward it, if written.
2. The Central Coordinator will log the request and will notify potentially affected
Departments of the request.
3. The PRA Coordinator will compile responsive records, and forward them to the
Central Coordinator. The PRA Coordinator will first examine the potential
universe of records and remove those that are clearly not responsive. Any
document in the possession or control of the Department may be required to be
produced.
4. If a requester seeks information from more than one Department or is unsure
where or how to make the request, the Central Coordinator will assist the
requester in framing the request and identifying the Department most likely to
have responsive documents. The requester does not need to provide the City
with a reason for requesting the records nor specify the Department that may
maintain the records.
5. The Central Coordinator shall provide a written response to the requester within
ten days of the City’s receipt of the request as to whether the requested records
will be made available, or whether additional time is necessary to respond. The
response will include an estimated cost of providing the copies, and may require
a deposit or prior payment. Fees for copies shall be as set forth in the Master
Fee Schedule. Copies of the response shall be provided to the affected
Departments.
6. If a requester seeks records in a specific format, for example, paper or electronic
format, they must be produced in that format, so long as they were created in
that format originally. It is not necessary, even when requested, to produce hard
copy records in electronic format, if the conversion would jeopardize the security
of the original record or any proprietary software in which it is maintained.
7. E-mails prepared or used by public officials or public employees to assist in
carrying out his or her duties or pertaining to the public’s business may be public
records subject to production. The Central Coordinator shall initiate all ISD
searches for e-mails responsive to a request, with approval of the City Manager.
Department Coordinators shall cooperate with and assist the Central Coordinator
to refine the names of employees who may have prepared or maintained
requested e-mails, so that efficient but thorough searches may take place.
Department Coordinators should not run email searches for responsive
documents. All e-mail searches must be approved by the City Manager.
Administrative Order 8-4
Effective Date: 04-09-2018
Page 3 of 3
8. The City Attorney’s Office will review potentially responsive records to determine
whether a privilege or exemption may exclude a document from disclosure or
whether the document should be redacted, prior to the Central Coordinator
finalizing and providing the responsive documents. City Attorney staff will inspect
potentially responsive documents for privileges and exemptions permitted by
federal or state law, including the specific exemptions provided in the Public
Records Act. The Central Coordinator will work closely with the affected
Department(s) concerning the response.
9. The Central Coordinator will maintain a control copy, or list of documents
provided, if the number is excessive, so that there is a clear record of what
documents were produced.
10. The Central Coordinator will notify affected Departments of the final resolution of
the response to a request.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0516 Agenda Date:4/19/2018 Agenda #:1-M
Notification of Appointment
Approve the appointments of Terra Brusseau to the Fresno Housing Authority and Dave Brenner to
the Tower District Design Review Committee
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0506 Agenda Date:4/19/2018 Agenda #:
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:YVONNE SPENCE, City Clerk, MMC
City Clerk’s Office
BY:CHERISEA BARNES, Senior Administrative Clerk
City Clerk’s Office
SUBJECT
Presentation of the Spring 2018 Employee of the Quarter Certificates ( Light reception immediately
following - 2nd floor foyer )
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0433 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of Paul McLain-Lugowski Day
For thirty-two years, Paul McLain-Lugowski has been employed with Fresno Economic Opportunities
Commission (Fresno EOC) he recently announced his retirement.
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:18-0024 Agenda Date:4/19/2018 Agenda #:
MINUTES FOR APPROVAL
Approval of minutes from April 5, 2018.
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2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
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 5, 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
President Esmeralda Z. Soria
Vice President Steve Brandau
Councilmember Oliver L. Baines III
Councilmember Paul Caprioglio
Councilmember Luis Chavez
Councilmember Garry Bredefeld
Councilmember Clinton Olivier
Present:7 -
Invocation by Pastor Jim Mattix of Northeast Assembly of God
Pledge of Allegiance to the Flag
APPROVE AGENDA
City Clerk Spence announced the following changes to the agenda: File ID
18-0341 (1-C) Resolution Establishing procedures for the approval of
certain amendments to contracts and rescinding Resolution 2017-159 is
subject to Mayor's veto, File ID 18-0434 (4-B) Resolution incentivizing job
creation along the Venture/Kings Canyon Corridor east of First Street is
removed from the agenda and continued to April 19, 2018, File ID 18-0451
(10:10A.M.) Appearance by Zoyer Zachary Zyndel to discuss the concerns
City of Fresno ***Subject to Mayoral Veto Page 1
April 5, 2018City Council Meeting Minutes - Draft
with the no camping ordinance and File ID 18-0451 Mary Ester Correa to
discuss fines received from Code Enforcement have been pulled from the
agenda.
On motion of Vice President Brandau, seconded by Councilmember
Baines III, the Agenda was adopted as amended. The motion carried
by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
1. CONSENT CALENDAR
On motion of Vice President Brandau, seconded by Councilmember
Chavez, the below CONSENT CALENDAR was approved. The motion
carried by the following vote:
Aye:Soria, Brandau, Baines III, Caprioglio, Chavez, Bredefeld and
Olivier
7 -
1-A ID18-0168 BILL- (For introduction) -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
Sponsors:Fire Department
BILL B-13 INTRODUCED AND LAID OVER
1-B ID18-0273 BILL - (For introduction) - 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
Sponsors:Fire Department
BILL B-14 INTRODUCED AND LAID OVER
1-C ID18-0341 RESOLUTION - Establishing procedures for the approval of
certain amendments to contracts and rescinding Resolution
2017-159.
Sponsors:Public Works Department
City of Fresno ***Subject to Mayoral Veto Page 2
April 5, 2018City Council Meeting Minutes - Draft
The above item was pulled from Consent Calendar and moved to Contested
Consent by Council President Soria for further discussion.
1-D ID18-0414 Actions pertaining to Final Map of Tract No. 5538 (Council
District 1)
1.RESOLUTION - Approving the Final Map of Tract No. 5538
and accepting dedicated public uses offered therein - northwest
corner of West Dakota Avenue and North Polk Avenue (Council
District 1)
2.***RESOLUTION - 61st amendment to the Annual
Appropriation Resolution (AAR) No. 2017-165 to appropriate
$295,000 in developer contributions for the acquisition of
right-of-way for public street and public utility easements for the
Final Map of Tract No 5538 on North Polk Avenue between
West Ashlan Avenue and West Dakota Avenue (Requires 5
affirmative votes) (Subject to Mayor’s veto)
Sponsors:Public Works Department
RESOLUTION 2018-71 ADOPTED
RESOLUTION 2018-72 ADOPTED
1-E ID18-0424 RESOLUTION - Of Intention to Annex Final Parcel Map No.
2006-38 as Annexation No. 27 to the City of Fresno Community
Facilities District No. 9 and to Authorize the Levy of Special
Taxes (east side of South East Avenue between East Central
and North Avenues) (Council District 3)
Sponsors:Public Works Department
RESOLUTION 2018-73 ADOPTED
1-F ID18-0425 RESOLUTION - Of Intention to annex Final Tract Map No. 6030
as Annexation No. 88 to the City of Fresno Community Facilities
District No. 11 and to Authorize the Levy of Special Taxes (west
side of North Armstrong Avenue between East Shields and
Clinton Avenues) (Council District 4)
Sponsors:Public Works Department
RESOLUTION 2018-74 ADOPTED
1-G ID18-0453 Action pertaining to Fresno Municipal Code Chapter 13, Article 3,
City of Fresno ***Subject to Mayoral Veto Page 3
April 5, 2018City Council Meeting Minutes - Draft
relating to street trees
1.***BILL NO. B-11 - (Intro. 3/22/2018) (For adoption) -
Amending Sections 13-305 and 13-306 and adding Sections 13-
310 and 13-311 of the Fresno Municipal Code, relating to street
trees (Subject to Mayor’s veto)
Sponsors:Public Works Department
ORDINANCE 2018-14 ADOPTED
1-H ID18-0385 ***RESOLUTION - 7th amendment to Fiscal Year 2018 Salary
Resolution No. 2017-176 increasing the salary ranges of the
Housing Program Supervisor and Procurement Supervisor
classifications in Exhibit 13-1, Unit 13-1, Exempt Supervisory and
Professional (CFPEA) (Subject to Mayor’s Veto)
Sponsors:Personnel Services Department
The above item was pulled from Consent Calendar and moved to Contested
Consent by Council President Soria for further discussion.
1-I ID18-0426 Approve a Lease and Agreement between City of Fresno and
Flight Services & Systems, Inc., for terminal office space at
Fresno Yosemite International Airport. (Council District 4)
Sponsors:Airports Department
1-J ID18-0435 Approve Consultant Services Agreement for $55,385 with Dennis
R. Keller - James H. Wegley Consulting Engineers, in providing
the Upper San Joaquin River and Friant Kern Canal 5-Year
Sanitary Survey Update as required by the State Water
Resources Control Board (Citywide)
Sponsors:Department of Public Utilities
1-K ID18-0437 Actions pertaining to re-bid of Access Structure Rehabilitation on
Dakota Avenue, West Avenue, and Fruit Avenue (Bid File 3591)
(Council Districts 1 and 3)
1.Adopt a finding of Categorical Exemption, pursuant to
Sections 15301(d) (Existing facilities) and 15302(c)
(Replacement or reconstruction) of the California Environmental
Quality Act Guidelines
2.Award a construction contract in the amount of $181,397 to
City of Fresno ***Subject to Mayoral Veto Page 4
April 5, 2018City Council Meeting Minutes - Draft
SoCal Pacific Construction Corporation, of Murrieta, California
Sponsors:Department of Public Utilities
1-L ID18-0432 Approve the appointment of Peggy Brisendine to the
Consolidated Mosquito Abatement District
Sponsors:Mayor's Office
1-M ID18-0449 Approve appointments of Brad Hardie to the Planning
Commission and Felipe Arballo to the Bicycle and Pedestrian
Advisory Committee
Sponsors:Mayor's Office
1-N ID18-0465 Approve the appointment of Miguel Arias to the Tower District
Design Review Committee.
Sponsors:Council President Soria
CEREMONIAL PRESENTATIONS
ID18-0416 Proclamation of Jose Ramirez Day
Sponsors:Mayor's Office, City Councilmember Caprioglio, Vice President
Brandau and City Councilmember Chavez
PRESENTED
ID18-0467 Recognition of Pacific Gas and Electric (PG&E)
Sponsors:City Councilmember Caprioglio
PRESENTED
ID18-0336 Proclamation of “Crime Victims’ Rights Week”
Sponsors:City Councilmember Caprioglio
PRESENTED
ID18-0448 Proclamation of “Tommy Esqueda Day”
Sponsors:City Councilmember Caprioglio and Mayor's Office
PRESENTED
ID18-0466 Presentation of a Proclamation by District 4
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April 5, 2018City Council Meeting Minutes - Draft
Sponsors:City Councilmember Caprioglio
PRESENTED
Councilmember Caprioglio left the meeting at 10:08A.M.
ID18-0457 Presentation of the SPCA Pet of the Month
Sponsors:Council President Soria
PRESENTED
ID18-0463 Proclamation of “National Donate Life Month”
Sponsors:Council President Soria
PRESENTED
ID18-0464 Proclamation to the “Neighborhood Thrift 10 Year Anniversary”.
Sponsors:Council President Soria
PRESENTED
ID18-0442 Proclamation of “Architecture Week”
Sponsors:Mayor's Office
PRESENTED
Councilmember Bredefeld left the meeting at 10:19A.M.
APPROVE MINUTES
18-0023 Approval of minutes from March 22, 2018.
Sponsors:City Clerk's Office
On motion of Councilmember Chavez, seconded by Vice President
Brandau, that the above MINUTES was approved. The motion carried
by the following vote:
Aye:Soria, Brandau, Baines III, Chavez and Olivier5 -
Absent:Caprioglio and Bredefeld2 -
COUNCILMEMBER REPORTS AND COMMENTS
City of Fresno ***Subject to Mayoral Veto Page 6
April 5, 2018City Council Meeting Minutes - Draft
Councilmember Bredefeld returned to the meeting at 10:30A.M.
Council Vice President Brandau spoke on behalf of Councilmember
Caprioglio requesting the meeting be adjourned in memory of Mary Alfieris,
Veterans Coordinator at Fresno City College Veterans Resource Center.
Council President Soria thanked Ryan Jacobsen with the Fresno County
Farm Bureau and Facebook for the opportunity to learn about potential
careers in technology.
CONTESTED CONSENT CALENDAR
1-C ID18-0341 RESOLUTION - Establishing procedures for the approval of
certain amendments to contracts and rescinding Resolution
2017-159.
Sponsors:Public Works Department
Council Vice President Brandau left the meeting at 10:30A.M.
The above item was introduced to Council by Director Mozier, Public Works
Department.
Council President Soria asked were any professional consulting service
agreements approved or amended under this process and if this was for
material supplies and services.
RESOLUTION 2018-75 ADOPTED
On motion of President Soria, seconded by Councilmember
Bredefeld, that the above Resolution be adopted. The motion carried
by the following vote:
Aye:Soria, Baines III, Chavez, Bredefeld and Olivier5 -
Absent:Brandau and Caprioglio2 -
1-H ID18-0385 ***RESOLUTION - 7th amendment to Fiscal Year 2018 Salary
Resolution No. 2017-176 increasing the salary ranges of the
Housing Program Supervisor and Procurement Supervisor
classifications in Exhibit 13-1, Unit 13-1, Exempt Supervisory and
Professional (CFPEA) (Subject to Mayor’s Veto)
City of Fresno ***Subject to Mayoral Veto Page 7
April 5, 2018City Council Meeting Minutes - Draft
Sponsors:Personnel Services Department
The above item was introduced to Council by Director Cardell, Personnel
Services Department
Council President Soria asked staff why this is being proposed in terms of
the salary increase, how was that determined and will this help with
recruitment. Council President Soria asked if this is competitive to other
Cities and the types of positions bringing proposed.
Council Vice President Brandau returned to the meeting at 10:32A.M.
Councilmember Bredefeld asked staff if this issue being brought forward
was because of the compaction or because we are looking to recruit for
these positions. Councilmember Bredefeld expressed his concerns with
doing just this salary increase and asked if the empty positions will be
rectified.
Council President Soria followed up and asked about the class and
compensation study and wondered why this isn't being done across the
board for other positions if compaction is an issue. Council President Soria
continued to state she would support the compaction issue if it is rectified.
Councilmember Chavez asked when will staff come back with the
compensation study. Director Cardell responded sometime in June.
Council President Soria asked if June is the soonest that can come back to
Council and asked staff to expedite the situation.
Councilmember Baines asked staff if the item was time sensitive.
City Manager Quan-Schecter stated the Mayor's budget will be rolled out in
May 2018.
Councilmember Olivier motioned to approve with direction to staff to
expedite processing and bring back all classifications no later than early
June 2018. Councilmember Baines seconded the motion.
City of Fresno ***Subject to Mayoral Veto Page 8
April 5, 2018City Council Meeting Minutes - Draft
RESOLUTION 2018-76 ADOPTED AS AMENDED
On motion of Councilmember Olivier, seconded by Councilmember
Baines III, that the above Resolution be adopted as amended. The
motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
Absent:Caprioglio1 -
2. SCHEDULED COUNCIL HEARINGS AND MATTERS
10:00 A.M.#1
ID18-0383 CONTINUED HEARING to consider Official Plan Lines (OPL) for
the South Temperance Avenue alignment from East Jensen
Avenue to State Route 180, and, related Environmental
Assessment No. EA-17-017. (Council District 5)
a.ADOPT the Finding of Conformity to the Fresno General Plan
Master Environmental Impact Report (MEIR #2012111015) as
prepared for Environmental Assessment No. EA-17-017, filed
September 29, 2017.
b.BILL - (For introduction and adoption) - Approving the Official
Plan Lines for the South Temperance Avenue alignment from
East Jensen Avenue to State Route 180 pursuant to the Fresno
General Plan Land Use and Circulation Map.
Sponsors:Public Works Department
The item was called to order at 10:45A.M.
The above item was introduced to Council by Director Mozier, Public Works
Department.
Councilmember Chavez asked property owner Mr. Sells to address Council
and express his concerns. Mr. Sells questioned six lanes versus four lanes
and the amount of money that would be saved with less lanes.
Councilmember Chavez motioned to approve the Official Plan Lines with a
condition that City of Fresno agrees to not expand to six lanes while Mr.
Sells continues to live there. Councilmember Baines seconded the motion.
City of Fresno ***Subject to Mayoral Veto Page 9
April 5, 2018City Council Meeting Minutes - Draft
BILL B-15 AND ORDINANCE 2018-15 ADOPTED AS AMENDED
On motion of Councilmember Chavez, seconded by Councilmember
Baines III, that the above Resolution and Ordinance be adopted as
amended. The motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
Absent:Caprioglio1 -
10:00 A.M.#2
Councilmember Chavez left the meeting at 10:57A.M.
ID18-0421 HEARING to vacate a portion of East Copper Avenue at North
Millbrook Avenue, and vacate a portion of a Public Utility
Easement in Outlot A and Lots 1 through 4 of Tract Map No.
6099. (Council District 6)
1.***RESOLUTION - Ordering the vacation of a portion of East
Copper Avenue at North Millbrook Avenue, and vacate a portion
of a Public Utility Easement in Outlot A and Lots 1 through 4 of
Tract Map No. 6099. (Subject to Mayor’s veto)
Sponsors:Public Works Department
The item was called to order at 10:57A.M.
The above item was introduced to Council by Chief Surveyor Camit, Public
Works Department.
Upon call, there was no public comment.
RESOLUTION 2018-77 ADOPTED
On motion of Councilmember Bredefeld, seconded by Vice President
Brandau, that the above Resolution be adopted. The motion carried by
the following vote:
Aye:Soria, Brandau, Baines III, Bredefeld and Olivier5 -
Absent:Caprioglio and Chavez2 -
10:05 A.M.
Councilmember Chavez returned to the meeting at 10:58A.M.
City of Fresno ***Subject to Mayoral Veto Page 10
April 5, 2018City Council Meeting Minutes - Draft
ID18-0397 CONTINUED HEARING to Consider Pre-zone Application No.
R-17-015, Annexation Application No. ANX-17-007 and related
Environmental Assessment No. R-17-015/ANX-17-007. These
applications pertain to approximately a 1.86 acre site located on
the north side of East Belmont Avenue between North Fowler
and North Armstrong Avenues in the unincorporated portion of
City’s Sphere of Influence boundary (Council District 5-Chavez).
1.ADOPT the Mitigated Negative Declaration prepared for
Environmental Assessment No. R-17-015/ANX-17-007 dated
January 19, 2018.
2.BILL - (For introduction and adoption) - Approving Pre-zone
Application No. R-17-015 which proposes to amend the Official
Zone Map from the AE-20 (Ag, Exclusive 20-Acres) County of
Fresno zone district to the City of Fresno BP/UGM (Business
Park/Urban Growth Management) zone district consistent with
the Fresno General Plan planned land use of Business Park.
3.RESOLUTION - Approving Annexation Application No. ANX-
17-007, which proposes detachment of the property from the
Kings River Conservation District and the Fresno County Fire
Protection District and annexation to the City of Fresno. These
actions are under the jurisdiction of the Local Agency Formation
Commission (LAFCO).
Sponsors:Development and Resource Management Department
The item was called to order at 10:58A.M.
The above item was introduced to Council by Project Manager Barnes,
DARM Department.
Upon call, there was no public comment.
BILL B-16 AND ORDINANCE 2018-16 ADOPTED
RESOLUTION 2018-78 ADOPTED.
On motion of Councilmember Chavez, seconded by Councilmember
Baines III, that the above Resolution and Ordinance be adopted. The
motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
City of Fresno ***Subject to Mayoral Veto Page 11
April 5, 2018City Council Meeting Minutes - Draft
Absent:Caprioglio1 -
10:10 A.M. SCHEDULED COMMUNICATION
ID18-0417 Appearance by Zoyer Zachary Zyndel to discuss the concerns
with the No Camping Ordinance.
THE ABOVE ITEM WAS REMOVED FROM THE AGENDA
ID18-0451 Appearance by Mary Esther Correa to discuss fines received
from Code Enforcement (Speaker resides in District 7)
THE ABOVE ITEM WAS REMOVED FROM THE AGENDA
10:30 A.M.
ID18-0459 Approve the Economic Incentive Agreement with The Gap Inc., a
Delaware Corporation, to incentivize the relocation of their
e-commerce fulfillment operation from out-of-state to Fresno to
create at least 500 new jobs and to retain their current 351
distribution employees at their Pacific Distribution Center in the
City of Fresno.
Sponsors:Mayor's Office
The above item was introduced to Council by Assistant Director Westerlund,
Mayor's Office.
Upon call, the following members of the public addressed Council: Thomas
Weiler, Paul Pierce, Jose Mora and Hrair Messerlian.
Councilmember Baines stated that the 500 jobs need to be merit based and
asked if the $15,000 incentive is calculated based off sales tax revenue and
will that part of the sales tax revenue go back to pay that incentive.
Councilmember Baines asked if the jobs are for permanent employees and
will the benefit be extended even if the employees do not come from
Fresno. Councilmember Baines expressed his concerns with not having the
employees be Fresno residents and does not support an incentive
agreement with a company that does not hire Fresno residents.
Councilmember Baines continued to ask about the equipment and if any of
it can be purchased in Fresno and asked if local construction firms will be
used.
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April 5, 2018City Council Meeting Minutes - Draft
Council Vice President Brandau asked staff with other incentive packages,
were there local hire components inside of those packages and is the
County of Fresno ever been approached to help with the $15,000 per person
payment for the jobs.
Councilmember Bredefeld asked staff when do the incentives start and
asked City Attorney if the part time employees are an issue to add up to full
time jobs to get the incentive. Councilmember Bredefeld also asked staff to
speak regarding the impact data service.
Mayor Brand spoke regarding the County of Fresno's participation and the
incentive agreement.
Councilmember Olivier spoke about not putting so many restrictions on
projects and the need to move forward and not hold up projects.
Councilmember Chavez stated City of Fresno should not send mixed
messages and would like to establish a subcommittee that looks at every
suggestion. Councilmember Chavez also asked staff how local does the
City want to get.
Council Vice President Brandau addressed his concerns with the County of
Fresno and their lack of participation.
Council President Soria requested GAP to reach out to City of Fresno
residences and make a commitment to hiring majority of Fresno employees
and would like a policy made to support local folks.
Councilmember Bredefeld motioned to approve the item as presented.
Councilmember Olivier seconded the motioned.
On motion of Councilmember Bredefeld, seconded by
Councilmember Olivier, that the above Action Item be approved. The
motion carried by the following vote:
Aye:Brandau, Chavez, Bredefeld and Olivier4 -
No:Soria and Baines III2 -
City of Fresno ***Subject to Mayoral Veto Page 13
April 5, 2018City Council Meeting Minutes - Draft
Absent:Caprioglio1 -
City Council recessed for lunch at 12:10P.M. and returned from lunch at 1:46P.M.
PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A
SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION
Councilmember Baines returned to the meeting at 1:48P.M.
Upon call, the following members of the public addressed Council: Gary
Doesekle spoke on a few of his concerns and Kervin Wong spoke regarding
his Code Enforcement violation.
3. GENERAL ADMINISTRATION
3-D ID18-0428 RESOLUTION - Authorize the submittal of a grant application for
Climate Investments Urban Greening Program and acceptance
of grant funds in the amount of up to $2,000,000. (District 3)
Sponsors:Parks, After School and Recreation and Community Services
Department
The above item was introduced to Council by Director Nelom, PARCs
Department.
Upon call, there was no public comment.
Council Vice President Brandau asked Councilmember Baines if this is new
green space or a new development. Councilmember Baines stated it is a
new development. Council Vice President Brandau asked staff what the
total cost of the park project will be. Staff responded it will be about $9
million dollars.
Councilmember Bredefeld asked staff about future parks and if there are any
other grants to be use and not just CDBG grants and asked staff if they know
how much money is out there to apply for. Councilmember Bredefeld
continued to ask how much CDBG money each year is available for parks
projects. Senior Management Analyst Yepez-Perez responded to
Councilmember Bredefeld's questions.
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April 5, 2018City Council Meeting Minutes - Draft
Council President Soria and Councilmember Olivier stated they are in
support of the item.
RESOLUTION 2018-79 ADOPTED
On motion of Councilmember Baines III, seconded by Councilmember
Chavez, that the above Resolution be adopted. The motion carried by
the following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
Absent:Caprioglio1 -
3-A ID18-0415 Provide Anti-Slum Enforcement Team (ASET) Quarterly Report
Sponsors:City Manager's Office and City Attorney's Office
The above item was introduced to Council by Deputy Clerk Attorney
Roberson, City Attorney's Office.
Councilmember Bredefeld left the meeting at 2:17P.M.
3-B ID18-0420 Approve a Cooperative Agreement with the County of Fresno for
the Orange Avenue Overlay between California and Jensen
Avenues, for an estimated City contribution in the amount of
$632,424 (Council District 5 and County of Fresno)
Sponsors:Public Works Department
The above item was introduced to Council by Assistant Director Morrison,
Public Works Department.
Upon call, there was no public comment.
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, Brandau, Baines III, Chavez and Olivier5 -
Absent:Caprioglio and Bredefeld2 -
City of Fresno ***Subject to Mayoral Veto Page 15
April 5, 2018City Council Meeting Minutes - Draft
3-C ID18-0438 RESOLUTION - Adopting a list of proposed Public Works
projects to be submitted for Senate Bill 1 Road Maintenance and
Rehabilitation Account funds for City of Fresno Fiscal Year 2019.
Sponsors:Public Works Department
Councilmember Bredefeld returned to the meeting at 2:39P.M.
The above item was introduced to Council by Director Mozier, Public Works
Department.
Upon call, there was no public comment.
Councilmember Chavez asked staff what happens to the project should the
repeal of Senate Bill1 be successful.
RESOLUTION 2018-80 ADOPTED.
On motion of Councilmember Chavez, seconded by President Soria,
that the above Resolution be adopted. The motion carried by the
following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
Absent:Caprioglio1 -
3-E ID18-0450 Actions pertaining to three-year Non-Exclusive Franchise Tow
Agreements
1.***RESOLUTION - To grant non-exclusive franchises to
specified tow operators (Subject to Mayor’s Veto)
2.BILL - (For introduction) - Amending Section 9-1707 of the
Fresno Municipal Code, relating to investigation regarding tow
trucks
Sponsors:Police Department
The above item was introduced to Council by Deputy Police Chief Hall,
Police Department.
Upon call, there was no public comment.
RESOLUTION 2018-81 ADOPTED
BILL B-17 INTRODUCED AND LAID OVER
City of Fresno ***Subject to Mayoral Veto Page 16
April 5, 2018City Council Meeting Minutes - Draft
On motion of Councilmember Bredefeld, seconded by
Councilmember Chavez, that the above Resolution be adopted. The
motion carried by the following vote:
Aye:Soria, Brandau, Baines III, Chavez, Bredefeld and Olivier6 -
Absent:Caprioglio1 -
4. CITY COUNCIL
4-A ID18-0401 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, Thomas Esqueda 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,
City of Fresno ***Subject to Mayoral Veto Page 17
April 5, 2018City Council Meeting Minutes - Draft
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 (Thomas Esqueda, Tim
Orman - Alternates)
Sponsors:Council President Soria
Correction made by Council President Soria to the Fresno Regional
Workforce Development Board-Council President Soria replaced
Councilmember Baines.
Upper Kings Basin Integrated Regional Water Management JPA and North
Kings Groundwater Sustainability Agency- Director Esqueda will be
removed from the Boards.
Councilmember Chavez asked City Manager Quan-Schecter who will be the
interm of Public Utilities Department.
4-B ID18-0434 ***RESOLUTION - Incentivizing job creation along the
Ventura/Kings Canyon Corridor east of First Street. (Subject to
Mayor’s veto)
Sponsors:City Councilmember Chavez
THE ABOVE ITEM WAS REMOVED FROM THE AGENDA AND
CONTINUED TO APRIL 19, 2018
City Council recessed into Closed Session at 2:52P.M. and returned from Closed
Session at 3:00P.M.
5. CLOSED SESSION
There was no announcements after Closed Session.
5-A ID18-0458 CONFERENCE WITH LEGAL COUNSEL-EXISTING
LITIGATION - Government Code Section 54956.9, subdivision
(d)(1)
1.BDHOV, L.P. vs. City of Fresno, et al.; Fresno County
Superior Court Case No.: 18CECG00790.
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April 5, 2018City Council Meeting Minutes - Draft
Sponsors:City Attorney's Office
DISCUSSED
5-B ID18-0443 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:Council President Soria
THE ABOVE ITEM WAS REMOVED FROM THE AGENDA AND
CONTINUED TO APRIL 19, 2018
5-C 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 FROM THE AGENDA AND
CONTINUED TO APRIL 19, 2018.
ADJOURNMENT
City Council adjourned in memory of Mary Alfieris
City of Fresno ***Subject to Mayoral Veto Page 19
April 5, 2018City Council Meeting Minutes - Draft
City of Fresno ***Subject to Mayoral Veto Page 20
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0471 Agenda Date:4/19/2018 Agenda #:
REPORT TO THE CITY COUNCIL
April 19, 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.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)
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. 86
City of Fresno Printed on 3/14/2023Page 1 of 3
powered by Legistar™
File #:ID18-0471 Agenda Date:4/19/2018 Agenda #:
EXECUTIVE SUMMARY
On March 8,2018,the Council of the City of Fresno (“Council”)adopted Council Resolution No.
2018-57 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.6177.This is the noticed public hearing to
consider annexing Final Tract Map No.6177 as Annexation No.86 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 and landscape easements;the concrete
curbs and gutters,valley gutters,sidewalks and curb ramps,street name signage,street lighting,
and local street paving associated with this subdivision.The cost for Services is $449.45 per lot
annually.If approved,the recommended resolutions and ordinance will levy a Special Tax on the
properties in Final Tract Map No.6177 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 (“City Law”).
The landowner of Final Tract Map No.6177 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 and
landscape easements;the concrete curbs and gutters,valley gutters,sidewalks and curb ramps,
street name signage,street lighting,and local street paving associated with this subdivision.
Pursuant to this petition,the Council adopted Council Resolution No.2018-57,declared its
intention to annex the Final Tract Map No.6177 to CFD No.11,and set the public hearing for
formal consideration. (See attached location and features map.)
Resolution No.2018-57 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 $449.45 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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File #:ID18-0471 Agenda Date:4/19/2018 Agenda #:
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 #:ID18-0470 Agenda Date:4/19/2018 Agenda #:
REPORT TO THE CITY COUNCIL
April 19, 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.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)
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. 25
EXECUTIVE SUMMARY
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On March 8,2018,the Council of the City of Fresno (“Council”)adopted Council Resolution No.
2018-56 with the intent to annex territory to Community Facilities District No.9 (“CFD No.9”)at the
request of the landowner of Assessor’s Parcel Number 578-010-11.This is the noticed public
hearing to consider annexing Assessor’s Parcel Number 578-010-11 as Annexation No.25 to CFD
No.9 to provide funding for the operation and reserves for maintenance (“Services”)of certain
above ground public improvements along the frontages of East Copper and North Chestnut
Avenues.These improvements shall include the concrete curb and gutters,valley gutter,curb
ramps and sidewalks,and street lighting as associated with this Multi-Family Housing
Development.The cost for Services totals $1,329.00 annually for Fiscal Year 2017-2018.If
approved,the recommended resolutions and ordinance will levy a Special Tax on the property
known as Assessor’s Parcel Number 578-010-11.
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 Assessor’s Parcel Number 578-010-11 annexed to
CFD No.9 to finance the Services for concrete curb and gutters,valley gutter,curb ramps and
sidewalks,and street lighting as associated with this Multi-Family Housing Development..Pursuant
to this petition,the Council adopted Council Resolution No.2018-56,declared its intention to annex
the territory known as Assessor’s Parcel Number 578-010-11 to CFD No.9,and set the public
hearing for formal consideration.
Council Resolution No.2018-56 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 $1,329.00 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.City of Fresno Printed on 3/14/2023Page 2 of 3
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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 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
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 #:ID18-0486 Agenda Date:4/19/2018 Agenda #:
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:JERRY P. DYER, Chief of Police
Police Department
THROUGH:ANDREW HALL, Deputy Chief
Police Department
BY:RICHARD TUCKER, Lieutenant
Traffic Safety and Support Services Section
SUBJECT
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)
RECOMMENDATION
It is recommended that Council authorize the Chief of Police to execute a three year Non-Exclusive
Franchise Tow Agreement with 29 local tow operators for the towing and storage of vehicles
impounded by the Fresno Police Department.The proposed franchises were introduced in a
resolution of intention passed by the Council on April 5,2018,and published in the Business Journal
on April 6,2018,as required by the City Charter.The tow operators are currently working under a
temporary extension of a previous franchise agreement.It is also recommended that the Council
amend Article 17,Chapter 9,Section 9-1707 of the Fresno Municipal Code (FMC)as it relates to tow
trucks, which was introduced at the April 5, 2018, Council meeting.
EXECUTIVE SUMMARY
The Non-Exclusive Franchise Tow Agreement (the “Agreement”)with the tow operators will replace
the existing Agreement which expired on December 28,2017.The Agreement contains subtle
changes,including modification of the provision related to additional terms and conditions.This
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changes,including modification of the provision related to additional terms and conditions.This
Agreement will allow for two,one-year extensions,if both the City and the Tow Truck Companies
consent to the extensions.The additional one-year extensions will allow for a five-year term of the
Agreement.
Article 17,Chapter 9,Section 9-1707(f)of the FMC currently requires the City to add tow truck
companies to the Fresno Police Department tow truck rotation list if we have less than thirty
companies.Article 17,Chapter 9,Section 9-1707(f)will be amended to allow for additional
companies to be added if the tow truck rotation list drops below twenty.The reduction of tow truck
companies will only be reduced through attrition,resignation,or through termination by breach of the
Agreement.The reduction of companies will allow for closer oversight and accountability of tow truck
companies.
The proposed Agreement and changes to Article 17,Chapter 9 of the FMC have been reviewed and
approved by the City Attorney’s office.The insurance requirements and indemnification provisions
have been reviewed and approved by the City’s Risk Manager.
BACKGROUND
The Agreement closely mirrors our previous Non-Exclusive Franchise Tow Agreements that have
been in effect for the last six years.The Agreement will continue to allow our local tow companies to
release impounded vehicles directly from the tow yard seven days a week.The tow operators will
continue to collect the City’s administrative fees from the registered owners,or pay the administrative
fees for those vehicles not picked up by their owners.
The Agreement also continues to mandate that tow companies utilize Dispatch and Towing Software
(DTS).DTS allows the Police Department to manage,control,and audit our contracted tow
companies.This software provides an internet portal to assist citizens with locating their impounded
vehicles and allows them to view an invoice associated with the impounded vehicle.DTS has been
extremely beneficial in providing oversight of our tow operators and tracking vehicles that have been
impounded by the Police Department.
The Agreement has been reviewed and approved as to form by the City Attorney’s Office and by the
Risk Management Division.
ENVIRONMENTAL FINDINGS
Not applicable since the amendment and agreements do not constitute a project.
LOCAL PREFERENCE
Not applicable since no goods or services are being procured by the City.
FISCAL IMPACT
There is no impact to the general fund.
Attachments:
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Tow Agreements
Ordinance Amending FMC 9-1701
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0408 Agenda Date:4/19/2018 Agenda #:
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:LEE BRAND, Mayor
Office of the Mayor & City Manager
BY:JOHN A. GLIATTA, Independent Reviewer
Office of Independent Review
SUBJECT
WORKSHOP - Citizens’ Public Safety Advisory Board 2017 4th Quarter Report
Attachment:CPSAB 2017 4th Quarter Report
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Citizens’ Public Safety
Advisory Board
REPORT FOR THE PERIOD
OF OCTOBER 1, 2017 TO JANUARY 31, 2018
Debbie L.
Hunsaker
Chairperson
Board Members
Avis Braggs Vernon Crowder Monica Diaz Ike Grewal
Amy Guerra James Parks Michael Vang Clifford Williams III
INTRODUCTION
Report from the Chairperson, Debbie Hunsaker:
Over the past several months, we have had the privilege of hearing from the Internal
Affairs division of Fresno Police Department (FPD), experiencing the training that
officers go through while becoming an officer, as well as the continued training they
receive throughout their careers. We fired some of their weapons, drove the training
course and viewed real, live video and reenactments of actual police encounters. The
training center staff members were outstanding; they exhibited patience and
understanding as our members asked questions. I strongly feel the training was one of
the best experiences I’ve had. Our experiences will be very helpful as we move along
with our Board’s work. The following report is based on the individual submissions
by our members and addresses three major areas our board has been focused on this
reporting period: Training and Presentations, Ride-Along Experiences and our future
agenda/focus as a board.
TRAINING & PRESENTATIONS
Members of the Citizens’ Public Safety Advisory Board (CPSAB) participated in
three, eight-hour sessions at the Fresno Police Department Regional Training
Center. The training sessions were based on Peace Officer Standards and Training
and organized by the FPD to showcase the types of training and experiences
officers with the FPD receive. Below, individual members summarize their
experiences.
Member #1:
The hands-on training session at the FPD Regional Training Center provided an
opportunity, for me and other Board Members, to see a different perspective on the
challenges of policing.
Instructors, and police officers, used a Crawl, Walk, Run method, in order to have a
more holistic understanding when considering policies affecting law enforcement. In
the first session, instructors briefed Board members on laws, body camera policy, and
Action-reaction Theory. The second session focused on the “Use of Force” and the
legality of its application. The final session, or the ‘Run’ Phase, included both
presentations and hands-on training, with driving tactics and firearms that are used by
the FPD.
Member #2:
We are taught from a young age that the sole purpose of police officer is to protect and
serve. Although I still believe this to be true, there is much m ore to the duties of a
police officer than I could have imagined. The training that I went through, a small
portion of what police officers go through, help them to understand the laws and to
make tough decisions based on those laws. The training teaches police offers how to
interact with the community; including when to be polite, when to be stern, and when
to be professional. I am proud of Fresno’s finest and the leaders who serve as training
instructors for our officers.
Member #3:
The training we experienced gave us an excellent understanding of not only what
officers’ experience, but it also provided us an opportunity to learn more about the
objectives and goals of the FPD. I believe it is important for us to remember this training
was intended to help us understand the positive steps the FPD is taking to become an
even better agency. It was not an opportunity for us to learn much about possible
shortcomings, which may require changes in policies and procedures for FPD.
It was good to learn about the reported positive response of officers to body
cameras. We learned FPD still needs more of them.
We also learned there may need to be more physical conditioning required for officers.
There is reason to be concerned some may not be able to physically perform to the
minimal standards required for their initial hiring.
It was impressive to learn about the updated “bias training” now available and
required for officers. At the same time, the trainers acknowledged improvements are
needed in this area of policing.
Member #4:
Assimilation In this activity, we were given a first-hand look at daily situations that occur within the
scope of the job task. Some situations occurred with regular frequency and others
occurred less often. The variety of the situations to be dealt with was rather staggering
to us as observers.
Weapons Firing The various weapons used in police work were presented to us. We then went
through an instructional exercise in the proper handling of each weapon. Included
were the firing of handguns, short- barreled riot shotguns, and the use of the AR-15
auto-fire rifle. At the completion of the instructional training, we actually fired the
four weapons described above.
Suspect Retention This phase of the introductory training involved the interrogation process. Here, the
suspect was questioned about the events that resulted in his being detained for
questioning. In all, the information coming forth from the suspect was analyzed for its
validity and sequence.
Summary In analysis, this hands-on experience enabled each of us to gain an insight into the often
gripping and emotional situations that confront law enforcement. These confrontational
events reoccur with regularity and carry with them ever-present danger. The job clearly
requires a great deal of intense training necessary to respond to the various situations and
require that the work be performed in a manner to maintain control of the situation, and
to preserve the personal safety of the officers.
Thus, the physical criteria for the job can be studied, and a revised hiring standard
could be developed that would result in a better balance between control of the
situation and personal safety of police personnel.
Member #5:
During our meetings, Chief Dyer and Lt. Casto’s presentations explained how the
FPD’s Internal Affairs, a division of the Department, investigates allegations of
law-breaking and professional misconduct attributed to officers on the force.
Policing their own is a mechanism of limited self-governance. The FPD Internal
Affairs Bureau effectively and efficiently investigates in a fair and unbiased manner
allegations of misconduct by members of the FPD in order to determine a basis for
appropriate administrative response.
It was nice to hear that the FPD not only investigates complaints from the public but
also complaints from fellow officers if they observe any Department policy or law
being violated. Lt Casto and her team of sergeants in FPD Internal Affairs do a
superb job in maintaining public trust.
RIDE-ALONGS
So that we could observe patrol operations and experience the work and training of
the FPD firsthand, members the CPSAB were encouraged to schedule ride-alongs
throughout the community. Below, individual members summarize their
experiences.
Member #4:
The participation in this activity involved witnessing the vast variety of events that
occur on the patrol beat assigned to each patrol unit. From maintaining a police
presence in an assigned territory, to reacting to a criminal event, or life-saving situation,
this was part of the experience that we were immersed in.
Member #5:
During my ride-along with my assigned officer, I was astonished at the amount of time
spent during the booking process and the type of calls officers have to attend to. Time is
valuable to both the City and the FPD budget. Wasting time is considered a waste of
money in the private sector. I witnessed the events and activities officers undergo daily
and how time is being used and wasted translates into costs and resources.
Calls for Service
I observed calls from elementary school campuses asking officers to respond to physical
contact between children. I do believe having sworn liaisons/clerks would better serve
this type of call and allow the officer to remain on the streets where his/her skills will be
best utilized. I observed two calls of this nature, each of which took thirty to forty
minutes and amounts to a negative use of time.
The Booking Process
My officer attended a call for a woman starting a fire un der the Stanislaus Bridge. On
site, was the Fresno Fire Chief who had to perform the arrest of the female. The FPD
oficers, by policy, had to escort her to the Fresno County Jail for booking; this took about
thirty to forty minutes and then they had to transport her to the jail. Additional time is
being taken out of the officers' day, daily. These procedures could have been conducted
by sworn-in clerks or authorized city liaisons. The time that each officer spends off the
streets is the time criminal behavior is allowed to go unchecked. Time use in the private
sector is crucial and I know the City would love to save dollars and keep the FPD’s
service men/women able to do their real jobs. My observations are consistent with the
Josephson Institute of Ethics 2015 audit on the FPD and show an indirect correlation the
effects of such actions have on officer morale, who could be utilizing their skills
as initially intended within our City.
FUTURE AGENDA
At the outset of the board’s formation, it was agreed that board members would
undertake specific training and experiences designed to provide perspective to
board members, most of whom (although actively involved in the community)
had not been exposed to law enforcement training. These experiences were
designed to assist board members in addressing and understanding incidents
that the board may review. This training may also help determine the direction
and type of recommendations the board makes in the future. The majority of
the time period that this report addresses was spent on that training. Below,
individual members summarize the types of issues they would like the Board to
focus on the future.
Member #7:
A part of our training and board meetings have concentrated on viewing training videos
and some specific incidents chosen by the Police Department and Independent Reviewer.
Although it was important for the CPSAB to see and understand why police officers may
have taken certain actions in those videos, I feel as if all the videos were carefully
selected. For every video, we see a police officer making a lawful and correct decision; it
may help the CPSAB to also see videos wherein police officers make an unlawful and/or
incorrect decision.
Member #8:
I believe it is important for us to get all perspectives of issues we review. Even the
question about “the release of body camera records to the public” at our next
meeting needs to include reports from those who have a different perspective than
Fresno Police Department leadership.
We should review the results of the 2015 survey by the Josephson Institute of Ethics of
the FPD employees and what opportunities there may be for making the FPD more
effective and improving employee morale and retention. It may prove useful to survey
the FPD employees again.
It is important for us to review the American Civil Liberties Union report and
recommendations. The FPD will obviously help us in doing this, but it would also be
prudent for us to meet privately with ACLU representatives to further discuss their
concerns. Conclusion
This report focused on the training the CPSAB has received since being formed. As the
Board moves forward the focus will be on examining policies and procedures, along with
issues that may arise which the Board may deem necessary to review and prepare
recommendations.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0423 Agenda Date:4/19/2018 Agenda #:
April 19, 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:
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
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.
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(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
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.
EXECUTIVE SUMMARY
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.The Plan Amendment
and Rezone proposals include 17 such property owners requests (it should be noted that
rezones also require plan amendments to maintain consistency),in addition to 11 additional
changes which correct minor errors that have been identified by staff on the zoning map.The
text amendment includes minor changes to the Development Code in order to improve
functionality, clarity, internal consistency, and consistency with State law.
BACKGROUND
In order to provide for the smoothest transition possible after the zoning map update,the City
Council directed staff to accept requests which would change the zoning back to a classification
which more closely resembled the zoning that previously existed on the site and which was
consistent with General Plan goals,policies,and environmental review.Staff is bringing 17 such
“cleanup”requests to Planning Commission and City Council for consideration,as well as 11
other changes which correct errors in the zoning map.
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 B for complete text amendment).
Staff finds the text amendment and planned land use and rezone requests 1 through 26 to be
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File #:ID18-0423 Agenda Date:4/19/2018 Agenda #:
Staff finds the text amendment and planned land use and rezone requests 1 through 26 to be
consistent with General Plan goals,objectives,and policies.In addition,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.
Staff has determined requests 27 and 28 to be inconsistent with General Plan goals,objectives,
and policies, and therefore recommends denial of those requests.
Finally,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 C):
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 proposed plan amendments and rezones in their respective areas and the text
amendment, which applies city-wide. Their recommendations are listed below.
District 1:On April 3,2018,the Committee recommended approval of the proposed
applications.
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
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File #:ID18-0423 Agenda Date:4/19/2018 Agenda #:
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 all
requests except the five sites within an Airport Influence Area (sites 3,4,18,25,and 28).The
Commission recommended approval of the text amendment with a proposed revision to Section
32 pertaining to ALUC review authority (see Exhibit J for proposed edits).Both staff and
Planning Commission recommended approval of the new language,which was mainly for
clarification,so it has been incorporated into the proposed text amendment that is attached to
the staff report in Exhibit B.
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.13 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 sites affected by the proposed plan amendments and rezones were previously
analyzed in the MEIR (Request #s 1-10,15,16,18-24,and 26)and more recently in the PEIR
(Request #s 11-14,17,25,27 and 28)as shown in Exhibit A.Plan Amendment Application No.
A-18-003 and Rezone Application No.R-18-004 propose 28 clean up amendments to the
General Plan Land Use and Circulation Map and the Zoning Map for one of the following
reasons:1)to implement City Council direction provided in February 2016 allowing property
owners to request a reversion to previously existing zoning on their property;or 2)to make
technical corrections.These land use changes were analyzed and would not result in additional
impacts beyond those analyzed in the MEIR or the PEIR.The proposed applications do not
include any actual projects.Projects proposed on the subject sites would require separate
environmental review.
The Plan Amendment also includes a proposed text change to the Farmland Preservation
Program Policy RC-9-c.The proposed policy change calls for the mitigation of the loss of
farmland pursuant to CEQA and includes several more options than were included in the original
policy.Loss of farmland was a significant and unavoidable impact identified in the MEIR,
however consistent with CEQA requirements,Policy RC-9-c was included in the Fresno General
Plan and cross-referenced in the MEIR in order to mitigate the loss of farmland to the extent
possible.This amendment to the policy provides additional flexibility in creating a farmlandCity of Fresno Printed on 3/14/2023Page 4 of 5
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File #:ID18-0423 Agenda Date:4/19/2018 Agenda #:
possible.This amendment to the policy provides additional flexibility in creating a farmland
mitigation program.
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.
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:Plan Amendment Application No.A-18-003 and Rezone Application No.R-18-004
Table, Text and Maps
Exhibit B:Text Amendment Application No. TA-18-002
Exhibit C:Public Notice
Exhibit D:Environmental Assessment
Exhibit E:Fresno Municipal Code Findings
Exhibit F:Pre-Zoning Translation Table
Exhibit G:Resolution for A-18-003
Exhibit H:Ordinance Bill for R-18-004
Exhibit I:Planning Commission Resolutions
Exhibit J:Powerpoint Presentation
City of Fresno Printed on 3/14/2023Page 5 of 5
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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, Text and Maps
Plan Amendment Application No. 4-17-003 and Rezone Application No R-18-004 Table#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
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
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.]
WALLINGAVEDESANTEAVELAURITE AVELINDAVE
EVELYN AVERABE AVEPLAYAAVETOWER AVE
CHURCH AVE
VILLAAVEBETTE AVEROGERS LNBELGRAVIA AVE
ORANGEWOODDRT R U M A N AVE
EUGENIA AVE
E D N A AVE
DEWITT AVEMCMILLINAVEGROVE AVE JUDY AVEMINNEWAWAAV E
B URNS AVE
CLOVIS AVEBYRD AVE
KAVILAND AVE
1
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
SHAW AVE
GLENN AVEPOPLARAVECOLLEGE AVECOLONIALAVESAN RAMON AVE
FAIRMONT AVEMAROA AVEDEL MAR AVENANTUCKETAVESAN CARLOS AVE
PRIVATESAN BRUNO AVE
WISHON
CT
PR IVATE DR
SCOTT AVE
WISHON AVE
TWAIN AVE
KEATS AVE
S A N J OS E AVE
SIERRA MADRE AVEROOSEVELTAVE BLACKSTONE AVEBUNGALOW LN2
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
B L U FF AV E
LAKE VAN NESS CIR VANNESSBLVDMO
N
T
E
A
V
ET
A
H
A
N
A
V
ECHERYL AVEATHENS AVE PLEASA N T A V E
MAR
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SAVED E C A T U R AVE W OO D S ON AVE
CROMWELL AV E
THOM ASON PL
LOMA L INDAAVE
HULBERTAVE
ALLUVIAL AVE
BEDFORD AVE
FALL BROOK AVE
PRIVATE D R3
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
ESCALON AVE
MILBURN AVEWHEELER AVECORNELIA AVEM E S A A V E
DANTEAVEP
OL
K
A
V
E
CLEO AVECORONA AVE
BARCUS AVEKRIST I D R
CARICAAVELODI AVESTATE STKADOTA AVE
KATY LNSAMPLEAVE
ELLENDALEAVERIO BRAVO DRGILROY AVEROBERTS AVE
FRONTAGE RD ALEXISDRO A K PARK DRDELBERTAVE
STUART AVE
OSWEGO AVE
CELESTE AVE
BULLARD AVE
CALIMYRNA AVE
GIBSON AVEBRIX AVECONSTANCE AVEMORRIS AVE
4
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
PLEASANT AVESTUART AVE
JULIET WAY DOLORES AVEBRIARWOODAVEVAN NESS BLVDROBERTS AVEWOODSONAVESEQUOIA DRWARREN AVELAFAYETTE AVECELESTE AVE FORKNERAVEESCALON AVE
PRIVATE DR
BROWNING AVE
MESA AV E
RUE ST MICHEL
ILA AVEMORRIS AVE
BULLARD AVE
KAVANAGH
A
VE5
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
ASHLAN AVE
BELLAIRE WAY
BRIANNA WAY MITRE AVEGRIFFITH WAY
FRONTAG E R D
BRANDI WAYSABRINA WAYAUSTIN WAY
DEREK WAY
G
O
LD
E
N
S
TA
TE
BLV
D
MILBURN AVEGILROY AVELODI AVEKATY LNNAOMI WAY BLYTHE AVEHOLLAND AVE
RICHERT AVE
JAVIER WAY BABIGIAN AVEASHCROFT AVE
WILLIS AVE
SWIFT AVE
SUSSEX WAY
PARKWAY DRCECELIA AVE99
H
W
Y
6
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
FRESNO STWARNER AVE
BEECHWOOD AVE
PRIVAT
EDRBLACKSTONE AVEPALO ALTO AVE
HERNDON AVE
C
L
ARKSTEFFIE STMENLO AVE HOWARDSTLOS ALTOS AVEALY PRIVATEABBYST
41 HWYFIR AVE
MAGIL L A V E
FRONTAGE RDANNA STSAN PABLO AVEF R O N TA G E R D N
DIANA ST7
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
FRONTAGE RD
R O B E R T S AV EMARIPOSA STCALLISCH STCLARK STBROWNING AVE
CALIMYRNA AVE
THESTA STFRESNO STEFFIE STDOVEWOOD LN
ROBINWOOD LN
BULLARD AVE
AUGUSTA STANNA STAUTO CENTER DR
MESA AVE
PRIVATE DR ORCHARD STANGUS STWRENWOOD LN41 HWY8
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
PEARWOOD AVECORTLAND AVEFILBERTAVEREDLANDS AVE APRICOT AVEDOUGLASAVEGIA
V
A
N
N
A
A
V
E
FENDER AVE
FEDORA AVE VAHE AVEAPPLEGATE AVEREDDA RDRAM O NA W AY
B
R
I
D
L
E
A
V
E
CARRIAGE AVESHELLY AVEMCK
E
L
V
EYAVELANSING WAY
FLINT WAY
ROBINSON AVE
DAKOTA AVE
FOUNTAIN WAY
GARLAND AVE
SAGINAW WAY
SADDLEBACK AVEARR
O
Y
O
A
V
E
CLOVER AVEDEEANNAV
EARMSTRONG AVETEMPERANCE AVEDAYTON AVE
9
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
WAVERLYLNCALIFORNIA AVEMCMILLINAVE
FLORENCE AVELARKIN AVEEDDY AVEPREUSS AVEMANILA AVEPLAYA AVECOLUMBIA DR S
WALLINGAVEDUKEAVELORENA AVE
G E A RYST
ROGERS LNERIN AVE
ATCHISON ST
TRUMAN AVECOLUMBIA DR EPHILLIP AVECOUNTRY CLUB LNDEWITT AVESABRE DRJUDY AVECLOVIS AVEPITT AVE
CHRISTINE AVE
10
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
CHESTNUTAVEHUNTINGTON AVESIERRAVISTAAV
EGARDEN AVEFILLMORE AVE
KINGS CANYON RDALPINE AVEINYO ST WOODROW AVEEL MONTE WAY
MONO ST
BALCH AVE
ALYBACKER AVEPLATT AVE
LAUREL AVE
KERCKHOFF AVE
WINERY AVEDEARING AVERECREATION AVEWHITNEY AVE11
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
VENTURA ST
LIBERTY AVE
ALY
LOWE AVETENTH STEIGHTHSTKINGS CANYON RD
ELEVENTHSTCEDARAVEFRONTAGE RDLYELL AVE
LANE AVE
BUTLER AVE
BUTLER/TOWNSEND ALY
RACO AVE
ALTA AVE
MONTECITO AVE
EL MONTE WAY
ARCHIE AVECHANCE AVEBOYD AVENINTH ST12 13
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
FRONTAGERDCEDAR AVEHUNTING TO N AV E
NINTH STINYO ST
BARTON AVEJACKSON AVEMONO ST
VENTURA ST KINGS C ANYON RD
ALY
LOWE AVE TENTH STMAPLEAVEE
L
EVENTHSTCHANCE AVELANE AVE
BALCH/HUNTINGTON A LY
H UNT INGTON BLVD
BALCH AVE
BALCH/MONO ALY
MONO/VENTURA ALY
RACO AVE
ALTA AVE
MONTECITO AVE
EL MONTE WAY
ARCHIE AVEBOYD AVE12 13
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
BELMONT AVE
MCKENZIE AVE
ILLINOIS/IOWA ALY
ILLINOIS/NEVADA ALYJACKSON AVEMADISON AVE
BARTONAVEGRANT AVE
MAPLEAVEBACKER AVEWASHINGTON AVE
SIERRAVISTAAVENEVADA AVE
ILLINOIS AVE
T U LARE S T
ALYRECREATION AVECHESTNUTAVEMCKENZIE/WASHINGTON ALY
GRANT/MADISON ALY
BELMONT/MADISON ALY
MCKENZIE/NEVADA ALY
IOWA/TULARE ALY
IOWA AVE
GRANT/WASHINGTON ALY
14
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
VIA VERSILIA DRJENSEN AVEFOWLER AVEARMSTRONG AVE15
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
LOWE AVE
LYELL AVE VILLA AVEPEACHAVEMINNEWAWA AVELIND AVEKARENAVERABE AVEALTA AVE
ORANGEWOOD DRFRONTAGE RDLIBERTY AV EDE SANTE AVENINE AVE
B U TLER AVE
KINGS CANYON RD
MONTECITO AVE
LANE AVE
16
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
CEDAR AVEB ALL AVEROWELL AVEPLAZA
DR
W
P L A Z ADREELEVENTH STNINTH STEIGHTH STTURNER AVE
BARTON AVEHARVEY AVE
BELMONT AVE
BELMONT/MADISON ALY
GRANT/WASHINGTON ALY
GRANT/MADISON ALY
MADISON AVE
GRANT AVE
MCKENZ IE/WASHINGTON A LY
WASHI NG TO N AVE
ALY JACKSON AVEWHITE AVE
180 FWY
THOMAS AVE
1 68 F W Y
17
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
SOON
ER
DR
HOME AVEWINERY AVEMCKINLEY AVE
ALY
NORMAL AVE
ADLERAVEL
AUREENAVEMATUS AVEDEARINGAVEHELM AVEGARDEN AVEL EISUREAVE
WELDON AVE
PINEAVECHESTNUTAVEFRONTAGE RDOSLIN AVE FINE AVEWEATHERMAKER AVE
CARMEN AVERECREATIONAVE
WILLOW AVEUNIVERSITY AVE
PRIVATE DR GATEWAYBLVD
18
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
·|}þ
VALENTINE AVEBRAWLEY AVE180 FWY
MADISON AVE
WHITES BRIDGE AVE19180
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
CORNELIA AVEANNADALE AVE
JENSEN AVE
20
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
NORMAL AVE
PERALTA WAY
MCKINLEY AVE
CARMEN AVE
PINE AVE
UNIVERSITY AVE
SAFFORD AVEPALM AVEHARRISON AVELINDEN AVEECHOAVEWISHON AVEFLORADORA AVE
HOME AVE
LUCERNE LNFARRIS/HARRISON ALYFARRIS AVEFARRIS/THORNE ALYTHORNE AVEADOLINE/THORNE ALYADOLINE AVEARTHUR AVEADOLINE/ARTHUR ALYMCKINLEY/PERALTA ALY
PERALTA/UNIVERSITY ALY
FERGER AVEWILSON AVEROOSEVELT AVE21
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
MCKI N L E Y AVE
HOME AVE
PERALTA WAY
UNIVERSITY AVE
TEILMAN AVEFARRIS AVEFARRIS/HARRISON ALYFARRIS/THORNE ALYFRUIT AVETHORNE AVEADOLINE/THORNE ALYADOLINE AVESAFFORD AVEARTHUR AVEFRUIT/VAGEDES ALYVAGEDES AVEARTHUR/VAGEDES ALYADOLINE/ARTHUR ALYHARRISON AVECHANNINGWAYF LO RADORA AVE
WELDON AVE
NORMAL AVE
PINE AVE DELNO AVEPACIFIC AVEALYFAYAV
E DURANTWAYCARRUTH AVE22
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
HAYES AVEPOLK AVESHIELDS AVEGREGORY AVEBARCUS AVEDANTE AVEROBINSON AVE
VISTA AVEDAYTON AVEBAINAVE
WESTERN AVEWHEELER AVEMCCAFFREY AVEIVANHOE AVECARNEGIE AVEFEDORA AVE
RAMONA WAY
DAKOTA AVE
GARLAND AVE
23
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
MARIPOSA STCLARKSTSIMPSON AVE
CORNELL AVE
ANDREWS AVE CALLISCHSTANGUSSTANNA ST41 HWYFRONTAGERDEHOWARD STEFFIE STSH I E L D S AV E
DAYTON AVE AUGUSTA STTHESTA STFEDO
R
A
A
V
E
FOUNTAIN WAY
CORTLAND AVE
FRONTA G E R D N
ALYDIANAST
HUNTER AVE
MICHIGAN AVEFRESNO STORCHARD ST24
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
A/
B
A
L
YSNOWAVE TULARE STC
S
T
FRO N TA GE R D KEARNEY BLVD
TUOLUMNE ST
C
O
L
L
I
N
S
A
V
EPICKFORDAVE FRESNO STSTANIS L AUSSTINYO STKERN STMERCED STMARIPOSA STP
O
T
T
L
E
A
V
E
VENTURA STOLEANDER AVE
A
ST
C
H
I
N
A
A
L
Y
MONO STH
S
T
M
A
Y
O
R
A
V
E
B/
C
A
L
Y
A
L
Y
F
S
T
B
S
T
FA
G
A
N
A
L
Y
E
S
T
G
S
T
GO
L
D
E
N
S
T
A
T
E
B
L
V
D
99
H
W
Y
25
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
MICHIGAN AVE
BROWN AVE
PRINCETON AVE
PAR
K
W
A
Y
D
R
TERRACE AVE
H A R VA R D AVE
CLINTON AVE
CLINTON/VASSAR ALYHACIENDA DRC
RYSTALAVEWARREN AVEALY
P
L
E
A
S
A
NT
AVE FRONTAGE RDHULBERT AVEP R I V ATEDRHUGHES AVESEQUOI
ADRCORNELL AVE
WEBER
AVE
VA S S A R AVE
HOMAN AVE
SIMPSON AVE
99
H
W
Y
G
O
L
D
E
N
S
T
A
T
E
B
L
V
D
26
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
F
R
O
N
T
A
G
E
R
D
WOODSON AVEMCKINLEY AVE
CRYSTAL AVELAFAYETTE AVEHULBERT AVEHUGHES AVECARMEN AVE
HOME AVE
FLORADORA AVE
HEDGES AVEPLEASANT AVEPRIVAT
E
D
R
NORMAL AVE
9
9
HW
Y
UNIVERSITY AVE
G
O
L
D
E
N
S
T
A
T
E
B
L
V
D
NORMAL/UNIVERSITY ALY
W
EBERAVE
PINE AVE
27
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
TEILMAN AVEWHITES BRIDGE AVE
AM ADOR ST
ONEIL AVE
LE MON AVEPLUMASSTTHORNEAVE
ALY
STANISLAUS ST
9 9H W Y
ARTHUR AVE1 8 0 F W Y
FRUIT AVEMO
DOCSTSAN JOAQUIN ST
DUNN AVE
CHANDLER AVE
EL DORADO ST
28
Proposed General Plan Amendments and RezoningsDevelopment and Resource Management Department ®
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 D - 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.
Exhibit E - FRESNO MUNICIPAL CODE FINDINGS
Plan Amendment and Rezone Findings
The Planning Commission shall not recommend and the City Council shall not approve an
application unless the proposed Rezone or Plan Amendment meets the following criteria.
Findings Per Fresno Municipal Code Section 15-5812
A. The change is consistent with the General Plan (GP) goals and policies, any operative plan, or
adopted policy.
Finding A: As outlined in the staff report, the proposed applications are 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 applications are 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 change is consistent with the purpose of the Development Code to promote the growth of
the city in an orderly and sustainable manner and to promote and protect the public health,
safety, peace, comfort, and general welfare.
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-
D-1, 15-4906-J, 15-5207, 15-5808, 15-6003, 15-6005, 15-6702, 15-6703, and 15-
6704.
C. The change is necessary to achieve the balance of land uses desired by the City and to
provide sites for needed housing or employment-generating uses, consistent with the General
Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land
within a given zoning district to meet market demand;
Finding C: The proposed changes in land use and zoning will achieve a balance of land uses
desired by the City; they will provide housing and employment generating uses
consistent with the General Plan. 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.
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-
D-1, 15-4906-J, 15-5207, 15-5808, 15-6003, 15-6005, 15-6702, 15-6703, and 15-
6704.
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
Teague
Gould Can
a
l
/
R
e
d
b
a
n
k
C
r
e
e
k
CaliforniaState UniversityFresno
FresnoInternationalAirport
Fresno-Clovis Regional WastewaterReclamation Facility
·|}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
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
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.]
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
Teague
Gould Can
a
l
/
R
e
d
b
a
n
k
C
r
e
e
k
CaliforniaState UniversityFresno
FresnoInternationalAirport
Fresno-Clovis Regional WastewaterReclamation Facility
·|}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
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
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. 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.
///
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
Teague
Gould Can
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l
/
R
e
d
b
a
n
k
C
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e
e
k
CaliforniaState UniversityFresno
FresnoInternationalAirport
Fresno-Clovis Regional WastewaterReclamation Facility
·|}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
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
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
Teague
Gould Can
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·|}þ
·|}þ
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20
2
7
9
12
16
28
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3
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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
ZONING MAP AND
DEVELOPMENT CODE
CLEANUP
CITY COUNCIL
April 19, 2018
DAN ZACK, ASSISTANT DIRECTOR
DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT
CLEAN UP
PART 1
DEVELOPMENT CODE
TEXT CHANGES
SUMMARY OF
TEXT CHANGES
Internal Consistency
Compliance with State Law
Improved Functionality
Clarification
Allows flexibility in Mixed-Use Districts
Allows flexibility in Mixed-Use Districts
Adjustments to Sign Standards in
Downtown and Mixed Use Districts
Adjustments to Sign Standards in
Downtown and Mixed Use Districts
CLEAN UP
PART 2
ZONING MAP
CHANGES
IMPLEMENTATION AND DESIGN REVIEW
COMMITTEEE RECOMMENDATIONS
District 2 April 2, 2018
Supported all proposals.
District 4 April 2, 2018
Supported all proposals.
District 5 April 2, 2018
Supported all proposals.
Tower District
Design Review
April 3, 2018
Supported all proposals.
ALUC April 2, 2018
Approved, except for rezone and land use changes 3,4,18,25,28
District 6 April 2, 2018
Supported all proposals.
District 1 April 3, 2018
Supported all proposals.
Fulton-Lowell
Design Review
April 2, 2018
Supported all proposals.
Planning
Commission
April 4, 2018
Approved, all staffs recommendations
STAFF RECOMMENDATIONS
Plan Amendment
Rezone (all but 27-28)
Text Amendment
Environmental Assessment
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0474 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Angela Moreno Day”
Battling cancer herself, pays it forward by offering free hair services for other cancer patients.
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City of Fresno
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www.fresno.gov
File #:ID18-0476 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Earth Day 2018”
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0493 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Peace Officers Memorial Day“
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www.fresno.gov
File #:ID18-0495 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Recognition of Randall Morrison as the ASCE 2018 Outstanding Civil Engineer in Public
Practice
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2600 Fresno Street
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www.fresno.gov
File #:ID18-0504 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “The Collegian Day”
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File #:ID18-0505 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Welcome Home Vietnam Veterans Day”
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File #:ID18-0512 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Proclamation of “Underage Drinking Prevention and Friday Night Live Month”
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File #:ID18-0513 Agenda Date:4/19/2018 Agenda #:
CEREMONIAL PRESENTATION
Presentation of Certificates to the Fresno Youth Commissioner
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www.fresno.gov
File #:ID18-0489 Agenda Date:4/19/2018 Agenda #:
REPORT TO THE CITY COUNCIL
April 19, 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
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)
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
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File #:ID18-0489 Agenda Date:4/19/2018 Agenda #:
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
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.
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$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
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 #:ID18-0462 Agenda Date:4/19/2018 Agenda #:3-A
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
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
RECOMMENDATION
Staff recommends Council adopt a finding of Categorical Exemption pursuant to Section 15301
(c)/Class 1 (Existing Facilities)of the California Environmental Quality Act (CEQA)Guidelines,and
award a construction contract to DIVCON,Inc.,of Clovis,California,in the amount of $1,944,000
for the Gate 6/8 Remodel and Passenger Boarding Bridge project (Project)at Fresno Yosemite
International Airport (FAT).
EXECUTIVE SUMMARY
In response to airlines’ongoing transition to larger aircraft,the demand for direct Passenger
Boarding Bridge (PBB)access to aircraft has grown.FAT utilizes PBB’s at the six passenger gates
on the upper level of the terminal.The Project will provide a ground-level PBB at lower level Gate 8
and remodel the associated interior passenger boarding area,commonly referred to as a Hold
Room.
The PBB will provide a secure,weather protected,fully enclosed and air conditioned passenger
boarding process,and will be able to accommodate up to 180-seat aircraft such as a Boeing 737 or
Airbus A320.Modifications to the Hold Room will create an open and more efficient operating
environment.
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File #:ID18-0462 Agenda Date:4/19/2018 Agenda #:3-A
BACKGROUND
FAT can accommodate a range of aircraft sizes,both from PBB’s and via ground-loading,which is
necessary at regional airports such as FAT.Once the Project is completed,FAT will still have
ground loading capabilities to accommodate smaller aircraft and off-schedule arrivals and
departures.
The new PBB will enable Gate 8 to be used by the full range of aircraft currently serving FAT while
providing passengers and carriers with a level of service comparable to that experienced on other
gates at FAT.In addition to providing a secure and convenient boarding process,PBB’s provide
direct power to the aircraft, which eliminates the need to run onboard fuel-driven power.
Plans and specifications were prepared for the Project by CSHQA,Inc.A Notice Inviting Bids was
advertised in the Business Journal on February 7,2018,posted on the City’s website (Planet Bids),
and downloaded by 10 prospective bidders.One sealed bid proposal was received and opened in
a public bid opening on February 27, 2018.
DIVCON,Inc.submitted the only bid for the Project.The bid amount was 7%above the engineers’
estimate and is considered to be a responsible and responsive bid.Staff made inquiries of
prospective bidders who did not bid on the project and found that the bidders had commitments for
other work during the proposed construction time or had time constraints during the bidding period
that prevented them from submitting a bid.The Architect for the Project surveyed other airports
with similar projects and in consideration of market area adjustments,determined this bid to be
consistent with competitively bid projects in other areas.Rebidding will result in approximately a
three month delay and is not likely to result in any measurable cost savings.The project budget
enables the Airports Department to award DIVCON,Inc.the amount of $1,944,000 which is the
total net bid amount. The staff determination was posted on the City’s website on March 12, 2018.
ENVIRONMENTAL FINDINGS
Staff has determined that this Project falls within the Categorical Exemptions set forth in CEQA
Guidelines Section 15301,Class 1 for Existing Facilities,as it involves the repair of existing facilities
and negligible expansion of an existing use.Furthermore,no exceptions set forth in Section
15300.2 apply to this project.
In addition,the Federal Aviation Administration (FAA)has determined the Project is Categorically
Excluded pursuant to FAA Order 1050.1F as it relates to the National Environmental Policy Act of
1969,as amended (NEPA).Therefore,no further federal environmental disclosure documentation
for the Project is necessary for NEPA purposes.
LOCAL PREFERENCE
DIVCON, Inc. is a local firm.
FISCAL IMPACT
The Project is part of Airports’ongoing commitment to ensuring FAT is operationally ready and is
properly positioned for local and regional growth.The Project is included in the City’s FY 2018
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File #:ID18-0462 Agenda Date:4/19/2018 Agenda #:3-A
adopted budget. There is no impact to the General Fund from this action.
Attachments:
-Evaluation of Bid Proposals
-Site Map
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0475 Agenda Date:4/19/2018 Agenda #:3-B
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:KEVIN R. MEIKLE, Director of Aviation
Airports Department
SUBJECT
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 (Council District 4)
RECOMMENDATION
Staff recommends that City Council authorize the Director of Aviation to Execute a Second
Amendment to the Agreement between the City of Fresno and Amadeus Airport IT Americas,Inc.
(Amadeus),to provide Maintenance and Technical Support for shared use facilities and Resource
Management Software (Second Amendment)at Fresno Yosemite International Airport (FAT)in the
amount of $2,684,050.
EXECUTIVE SUMMARY
FAT currently has eight airlines and on May 22,2018,Frontier Airlines will be the ninth airline.The
Amadeus shared use platform was first installed at the passenger check-in/ticketing counters in 2008
and was extended to the gates in 2013.The airline shared use platform has proven to be an
invaluable operational tool for both the airport and the airlines,and has extended the useful life of the
terminal facility.The Second Amendment also includes Amadeus’Resources Management System
(RMS), which allows the Airport to more efficiently manage aircraft parking positions at the gates.
The Second Amendment will provide continued shared use capabilities through 2023.The Second
Amendment will incorporate all new and existing Amadeus systems, as well as the RMS.
BACKGROUND
The Amadeus System (System)at FAT (previously known as AirIT)has been instrumental in
accommodating the growth of airline service without having to physically expand the facility and has
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File #:ID18-0475 Agenda Date:4/19/2018 Agenda #:3-B
accommodating the growth of airline service without having to physically expand the facility and has
resulted in new efficiencies by enabling airlines to operate out of vacant counters,which is essential
during peak processing times and to accommodate additional flights.This capability has the direct
effect of expanding the capacity of the facility by making it more efficient and sustainable,instead of
investing in capital infrastructure and physical facility expansion at a much greater and long-term
cost.The System also allows new airlines to begin operations at FAT without costly and time
consuming infrastructure changes.The System was proven invaluable when Volaris and Aeromexico
started service in 2011 and is playing an important role in the return of Frontier Airlines and the ability
to accommodate larger aircraft.
Expanding the System to include the RMS module is the next logical step as this capability does not
yet exist at FAT.RMS will provide Airports with real time data on resource requirements such as gate
usage and flight arrivals to better enable operational planning and control.With the larger aircraft,
growth in flights and airlines that FAT is experiencing,it is becoming more challenging to manage
aircraft parking positions when flights are delayed, rescheduled or for unscheduled operations.
Amadeus is the only company that provides a shared use system whereby the airlines can operate in
their native Departure Control System (DCS)environment.This type of system is not available from
any other vendor.Without this capability,airlines would need to revert back to using their proprietary
systems,which is no longer possible or desirable because FAT does not have sufficient counter or
gate space to accommodate all flights and airlines without making a significant and expensive
expansion to the terminal facility.There are other forms of shared use systems but they do not allow
the airlines to operate from their native DCS environment.These other systems are specifically
designed for use primarily at large international terminals where hundreds of flights occur per week
and airlines interface with multiple foreign destinations.
This Second Amendment has been reviewed and approved as to form by the City Attorney’s office,
and the insurance and indemnity provisions have been reviewed and approved by the City of Fresno
Risk Management Division.
ENVIRONMENTAL FINDINGS
This is not a “project” pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference is not applicable to this project pursuant to Fresno Municipal Code 4-109(b)(3).
FISCAL IMPACT
Payments for the Second Amendment ($2,684,050)will be made in installments over a five year
period.Total payments for year one will be $572,166,which includes a one-time RMS licensing and
setup cost of $46,780.Payments for years two through five will total $527,971 each year.Funding
for year one is included in the Airports Department Adopted FY 2018 budget.Funding for
subsequent years will be budgeting in future fiscal year budgets.There is no impact to the General
Fund from this action.
Attachments: Second Amendment to Agreement
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City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0477 Agenda Date:4/19/2018 Agenda #:3-C
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:BRYON HORN, Chief Information Officer
Information Services Department
BY:FRANK D. VAWTER, Computer Services Division Manager
Information Services Department
SUBJECT
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.
RECOMMENDATION
Staff recommends Council authorize the Chief Information Officer to enter into 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.
EXECUTIVE SUMMARY
The Information Services Department (ISD)has maintained an Enterprise Agreement to cover
the support and licensing of Microsoft software products.Microsoft licenses its product in multi
-year terms and by entering into this agreement,the City is essentially renewing the licenses
and support that are being used currently as well as allowing the addition of cloud based
applications in upcoming years of the agreement.The term of this agreement is three years
with differing amounts each year in order to accommodate the transition to cloud based
services.The total amount of the three-year contract is $2,353,223.81;first year (FY 2018)
totaling $620,555.47,second year (FY 2019)totaling $799,539.17 with the third year (FY
2020)totaling $933,129.17.The licensing shall be priced and purchased using a cooperative
purchase agreement as set forth in Administrative Order 3-1.ISD will be using the County of
Riverside Agreement to complete this purchase.In addition,ISD procured multiple bids from
those vendors who are authorized to provide licensing from the Riverside Agreement and
chose the lowest bidder.
In addition to Microsoft software,such as Windows and Office that run on desktop and
laptops,the City also uses a variety of Microsoft server and collaboration products.TheseCity of Fresno Printed on 3/14/2023Page 1 of 3
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File #:ID18-0477 Agenda Date:4/19/2018 Agenda #:3-C
laptops,the City also uses a variety of Microsoft server and collaboration products.These
software products make up a majority of the software that runs the City's technology
operations.Entering into this agreement with Microsoft will assure that the City maintains its
investment in software,via the Software Assurance,and keeps current the licensing on
productivity products.
BACKGROUND
It is common for sizeable organizations to enter into Enterprise Agreements with Microsoft.
These agreements allow organizations to leverage their volume for improved pricing on a
variety of Microsoft products as well as establish access to Software Assurance.Software
Assurance is a program that allows organizations to maintain the rights and privileges of
previously purchased licenses for a fraction of the cost of the original license.
Microsoft does not directly sell to government agencies;rather,licenses must be purchased
through a reseller.The City is using the Riverside County Agreement as it has been
competitively bid and,due to its size,is able to attain sizeable discounts.This agreement has
also been used by the State of California and,as such,is used by many Cities and Counties
in California as a purchasing vehicle.If the City were to publish a similar RFP,we would not
secure the same discounts as the County of Riverside,so it is cost effective to utilize this
cooperative agreement.
ISD maintains the licensing for Microsoft products in the City.Included in this are licenses for
Windows,Office,SharePoint,and core technology functions like file and application servers,
databases servers and email servers.
The City's Enterprise Agreement is set to expire April 30,2018.ISD has been engaged with
Microsoft since October of 2017 in the review of current licensing as well as exploring new
licensing methods,products and approaches to licensing.Staff has evaluated multiple options
from Microsoft,including options that will provide a suite of cloud-based tools for email,
collaboration,security,device management,and file storage.Staff has also determined that
the best approach to take at this time is to renew our Enterprise Agreement with the same
products as the outgoing agreement with the ability to add cloud based services in the second
and third year of the agreement.Staff believes that this approach is the most practical,is the
best use of City resources,and provides an avenue to add the above-mentioned cloud-based
tools during the term of the agreement,as funding allows and to meet the needs of the
organization.
ENVIRONMENTAL FINDINGS
The approval of this purchase is not a project as defined by the California Environmental
Quality Act.
LOCAL PREFERENCE
Local preference does not apply because a cooperative purchase agreement is being used
through another governmental entity.
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FISCAL IMPACT
Funding for the first year of this purchase is appropriated in the Fiscal Year 2018 Budget and
the additional funds have been allocated for Fiscal Year 2019.Funding for Fiscal Year 2020
will be addressed during the budgeting process for that year.
Attachment:
SoftwareOne Enterprise Agreement
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AmendmentApp v4.0 CTM-FWK,CTM-FWK,M97,M23 BD
Page 11 of 11
Enterprise Enrollment
Effective Date
Amendment ID M23
The paragraph of the Enrollment titled “Effective date” is amended by adding the following:
Both parties to the Enrollment have agreed, for their mutual benefit, that the Enrollment will
have an effective date other than the date it is signed by Microsoft. Therefore, the effective
date of the Enrollment will be 5/1/2018.
Except for changes made by these amendments, the Enrollment or Agreement identified above remains
unchanged and in full force and effect. If there is any conflict between any provision in these
amendments and any provision in the Enrollment or Agreement identified above, these amendments
shall control.
Microsoft Internal Use Only:
City of Fresno - future reduction(2).docx CTM CTM-FWK BD
CJIS 3.7..docx CTM CTM-FWK BD
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(
WW)(ENG)(Aug2017)v2(IU).docx
M97 B
(M23)EnrAmend(EffectiveDate)(WW)(ENG)(A
ug2017)(IU).docx
M23 PLSS
This Amendment must be attached to a signature form to be valid.
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0478 Agenda Date:4/19/2018 Agenda #:3-D
Report to City Council
Date:April 19, 2018
FROM:JIM SCHAAD, Director
Department of Transportation
BY:BRIAN BARR, Projects Administrator
Department of Transportation
SUBJECT:
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 Express Facility Master Plan improvements
RECOMMENDATION
Staff recommends Council 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 Express Facility Master Plan to improve daily bus service procedures,
increase security,support electric bus charging and update fleet washing and cleaning equipment,and authorize the
Director of Transportation to execute all related documents.
EXECUTIVE SUMMARY
The Department of Transportation/Fresno Area Express (FAX)seeks to award a professional consulting contract to
provide comprehensive construction documents,bid support and construction administration to support recommendations
identified within FAX’s Facility Master Plan.In 2014,FAX commissioned a facility assessment and capital master plan for
its facilities located at 2223 G Street in Fresno.This assessment identified current and future capital improvements to
address deferred maintenance,improve service,increase security and fire life safety.The award of this contract will allow
FAX to implement key recommendations from the master plan with the goal of improving service,increasing ridership and
supporting the growth of the bus fleet.
BACKGROUND
The Department of Transportation/FAX’s transit facility was built over 30 years ago.The transit system has evolved
substantially and will continue to evolve with changing technology.Minimal changes to the facility have been made to the
facility to keep pace with the growing fleet.Additionally,facility upgrades,replacements and repairs have been deferred
over the years due to economic constraints.
In 2014,FAX commissioned an overall facility assessment to determine current and future capital improvements,
upgrades to technology and changes to physical layout that could improve the overall operational efficiencies and/or use
of space.The results of the facility assessment were provided to FAX in a multi-phase master plan which identified key
capital improvements to increase bus service procedures and support the growth of the fleet.
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File #:ID18-0478 Agenda Date:4/19/2018 Agenda #:3-D
FAX seeks to implement the following recommendations identified in the facility master plan:
·Replace bus wash and vacuum equipment with modern cleaning equipment and procedures.Existing vacuum
and dust extraction equipment is over 30 years old and the traveling gantry bus wash is over 11 years old.New
systems will allow FAX to provide and maintain a cleaner fleet for our passengers.
·Relocate Fare Box Collection Operations from the Administration building to new a new building structure at the
bus wash resulting in streamlined fare collection and the creation of a more secure area for overnight fare
storage.
·Expand bus wash canopy to accommodate relocated fare box collections and support future growth of fleet.
·Restructure employee parking to create additional parking stalls and create a separate secure street entrance.
Restructure of parking lot will include parking canopies with solar generation systems.
·Reconstruct and create a bus only facility entrance on G Street, thereby improving facility circulation.
·Modernize facility fire life safety allowing for decreased response times by emergency personnel.Existing
systems require emergency personnel to stop in the Maintenance Service Center to determine the location of the
alarm.
·Install primary electric service infrastructure to support overnight charging of electric buses.
This project will contribute to the overall efforts by FAX to improve service,address deferred maintenance,increase
security and support future growth needs.
The services of an engineering consultant are necessary to evaluate and design the aforementioned upgrades.Pursuant
to the Federal Brooks Act,California Code 4525,Fresno Municipal Code Chapter 4 Article 1,and Administrative Order 6-
19,on May 11,2016,the Department of Transportation sent notifications to fifty-seven (57)vendors requesting
engineering qualifications specific to the project scope.The Department received one statement of qualifications in
response to the solicitation.A four person review panel determined that Stantec Architectural,Inc.,is the most qualified
based upon overall firm experience, resource capacity and successful completion of similar work.
As response to the request for qualifications was limited,FAX contacted six (6)firms which showed interest in submitting
qualifications to investigate the reason why they did not formally submit proposals.FAX learned that five (5)of firms did
not have resources on hand to address the project requirements and one (1)firm was too busy to complete the
qualification documents.Based upon this feedback,FAX can conclude the solicitation duration was adequate,the
requirements were not restrictive and industry-wide consulting resources are limited.It is reasonable to conclude the
single qualification proposal received is adequate and reasonable based upon market conditions.Therefore,Staff
recommends Council approve a professional consultant agreement in the amount of $1,007,990.24 with Stantec
Architectural Inc.,to perform design and engineering services to improve daily bus service procedures,increase security,
support electric bus charging and update fleet washing and cleaning equipment.
The City Attorney has reviewed and approved the agreement as to form.
ENVIRONMENTAL FINDING
This is not a “project” for the purpose of CEQA pursuant to CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference was not considered as the federal funding source precludes local preference.
FISCAL IMPACT
This project has no fiscal impact to the General Fund.The project budget is comprised of California Transit Security
Grants,Public Transportation Modernization,Improvement and Service Enhancement Account Program Grants,and
Federal Transit Administration (FTA) 5307/5339 grant funds, as approved in the FAX FY2018 budget.
Attachments:
Consultant Agreement
Evaluation Summary
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FAX +100K A&E CONSULT FED 03-12-18 -1-
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective the 19th day of April,
2018, by and between the CITY OF FRESNO, a California municipal corporation
(hereinafter referred to as "CITY"), and Stantec Architecture, Inc., a North Carolina
Corporation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional architectural and engineering
services for the design of plans and general construction contract documents for Fresno
Area Express Facility Improvement Project], hereinafter referred to as the “Project;” and
WHEREAS, CONSULTANT is engaged in the business of furnishing technical
services as a architectural and engineering firm and hereby represents that it desires to
and is professionally and legally capable of performing the services called for by this
Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which
CONSULTANT shall provide professional services, to be paid with Fresno Area
Express/ Transportation Department funds and reimbursed with pledged Federal
Transportation Administration (“FTA”) funds as they are made available; and
WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-
19; and
WHEREAS, this Agreement will be administered for CITY by the Fresno Area
Express/ Transportation Department Director (hereinafter referred to as "Director") or
his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and promises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. CONSULTANT shall perform the services described
herein and in Exhibit A to complete the Project more fully described in Exhibit A, and
this shall include all work incidental to, or necessary to perform, such services even
though not specifically described in Exhibit A. The services of CONSULTANT shall
consist of five Parts as described below. A separate Notice to Proceed will be issued
for each of the aforementioned Parts. By entry into this Agreement and upon CITY’S
issuance of a written "Notice to Proceed," CITY contracts for the services in Part One.
CONSULTANT shall not perform any other Part of the Agreement, and this Agreement
shall not be a contract for any other Part, until further performance is authorized by
CITY’S issuance of a written “Notice to Proceed.” It shall, however, remain
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CONSULTANT’S offer to perform all remaining Parts described herein. In the event
CONSULTANT performs services without CITY’S prior written authorization,
CONSULTANT will not be entitled to compensation for such services.
(a) Part One. Schematic Design Phase.
(1) CONSULTANT shall review the description of the Project set
forth in Exhibit A and consult with designated representatives of CITY to
ascertain the requirements of the Project.
(2) CONSULTANT shall conduct studies and investigations as
necessary to confirm requirements of design including, but not limited to, (i)
consulting with the various utility agencies, and (ii) obtaining all information and
data from the respective responsible CITY department/division that is available in
CITY’S records and is required by CONSULTANT in connection with the
consulting services including, but not limited to, maps, surveys, reports,
information, restrictions and easements. CONSULTANT shall notify CITY if a
topographic survey is required.
(3) CONSULTANT shall provide a preliminary evaluation of the
Project taking into consideration CITY’S estimate of the cost of construction
(“Construction Budget”) of approximately $8,500,000 and will be refined in early
stages of programming, including alternative approaches to design and
construction of the Project.
(4) Based upon the mutually agreed upon Project requirements
and any adjustments authorized by CITY in the Construction Budget,
CONSULTANT shall design and prepare schematic design drawings and other
documents for review, modification, if required, and acceptance by CITY staff
sufficient to show the concept and scope of the proposed Project and the scale
and relationship of Project components.
(5) CONSULTANT shall submit a preliminary estimate of
construction cost for review and acceptance by CITY. As used herein,
"construction cost" means the cost of construction under the general construction
contract and does not include CONSULTANT’S compensation as herein
provided. Such estimate shall include, and shall separately state, the cost of any
add or deduct alternatives, the cost of any work which may be let on a
segregated bid basis and any equipment or fixtures which may be incorporated in
or excluded from the general construction contract as may be necessary to stay
within the Construction Budget.
(6) CONSULTANT shall make as many submittals as may be
necessary or desirable to obtain the acceptance by CITY and shall assist CITY
in applying for and obtaining from applicable public agencies any approval
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permit, or waiver required by law, which assistance shall include, but not be
limited to, making Project information available to CITY.
(7) CONSULTANT may not rely upon any as-builts provided by
CITY, but shall investigate the existing conditions and ascertain the adequacy of
such as-builts for CONSULTANT'S design. CONSULTANT shall bring to CITY'S
attention any discrepancies in the as-builts that are discovered by
CONSULTANT. CITY makes no representations regarding any as-builts.
(8) Services shall be undertaken and completed in a sequence
assuring expeditious completion. All services shall be rendered and deliverables
submitted within 210 (combined deliverable) calendar days from the issuance of a
Notice to Proceed for this Part unless an extension of time is approved in writing
by the Director. Re-submittals, as necessary to obtain the acceptance by CITY,
shall be submitted to CITY within 14 calendar days from receipt of CITY’S
comments unless an extension of time is approved in writing by the Director.
(b) Part Two. Design Development Phase. After review and
acceptance of the schematic design phase and issuance of a written Notice to Proceed
with this Part Two:
(1) Based upon the accepted schematic design documents and
the Construction Budget, including authorized revisions thereto, CONSULTANT
shall prepare for review and acceptance by CITY the design development
documents consisting of drawings and other documents to fix and describe the
size and character of the Project as necessary to show treatment of significant
details. In addition, CONSULTANT shall provide outline specifications of the
work as to kinds of materials, systems, and other such design elements as may
be required. Such design development documents and specifications shall be
subject to review and acceptance by CITY.
(2) CONSULTANT shall submit a revised estimate of
construction cost for review and acceptance by CITY. The revised estimate shall
include, but shall separately state, the cost of any add or deduct alternates, any
work which may be let on a segregated bid basis, and any furnishings,
equipment or fixtures which may be incorporated in or excluded from the general
construction contract as may be necessary to stay within the Construction
Budget, including authorized revisions thereto.
(3) In the event that the revised estimate of construction cost
exceeds the preliminary estimate of construction cost previously accepted,
excluding therefrom any add alternate, any work which may be let on a
segregated bid basis and any furnishing, equipment or fixtures which was
identified in Part 1 as that which may be excluded from the general construction
contract, CITY shall have the option of accepting or rejecting the revised estimate
and CONSULTANT shall, at no additional cost to CITY, make such design
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changes as may be necessary to reduce the revised estimate so that it shall not
exceed the preliminary estimate of construction cost previously accepted by
CITY. CITY shall not increase the scope of the Project except by modification of
this Agreement which shall include an agreed upon increase in CONSULTANT’S
compensation.
(4) CONSULTANT shall make as many submittals as may be
necessary or desirable to obtain the acceptance by CITY and shall assist CITY in
applying for and obtaining from applicable public agencies any approval, permit,
or waiver required by law, which assistance shall include, but not be limited to,
making Project information available to CITY.
(5) Services shall be undertaken and completed in a sequence
assuring expeditious completion. All services shall be rendered and deliverables
submitted within 70 (combined deliverable) calendar days from the issuance of a
Notice to Proceed for this Part unless an extension of time is approved in writing
by the Director. Re-submittals, as necessary to obtain the acceptance by CITY,
shall be submitted to CITY within 14 calendar days from receipt of CITY’S
comments unless an extension of time is approved in writing by the Director.
(c) Part Three. Construction Document Phase. After review and
acceptance of the design development phase and issuance of a written Notice to
Proceed with this Part Three:
(1) CONSULTANT shall prepare from the accepted design
development documents, detailed plans and specifications setting forth the
complete work to be done, and the materials, workmanship, finishes and
equipment, fixtures, and site work required. CONSULTANT shall also prepare
necessary bidding information, general and special conditions of the general
construction contract, technical specifications of the general construction
contract, and the bid proposal and general construction contract forms. Such
documents shall be subject to the review and acceptance by CITY.
CONSULTANT shall cooperate with, assist and be responsive to CITY’S
Purchasing Manager in preparation of all documents including, without limitation,
slip-sheeting final documents for printing when requested. CITY’S Standard
Specifications must be used by CONSULTANT where possible. Final drawings
shall be drawn, printed or reproduced by a process providing a permanent record
in black on vellum, tracing cloth, polyester base film, or high quality bond copy.
Bid, general conditions, contract and bond document forms or formats regularly
used by CITY shall be used by CONSULTANT unless the Director determines
they would be impractical for this Project. CONSULTANT shall be responsible
for assuring that the special conditions, technical specifications and any other
documents prepared by CONSULTANT are consistent with any documents
regularly used by CITY that are used for this Project.
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(2) Upon request of CITY, CONSULTANT shall provide the
calculations used to determine the general construction contract quantities; and
structural calculations for the purpose of obtaining any building permits.
(3) CONSULTANT shall make as many submittals as may be
necessary or desirable to obtain the acceptance by CITY and shall assist CITY in
applying for and obtaining from applicable public agencies any approval, permit,
report, statement, or waiver required by law, which assistance shall include, but
not be limited to, making Project information available to CITY.
(4) CONSULTANT shall provide CITY with (5) sets of completed
plans and (5)] sets of completed specifications for review and final acceptance by
CITY. Should the plans and specifications as submitted by CONSULTANT not
be accepted by CITY, CONSULTANT shall revise the plans and specifications as
needed to obtain final acceptance at no additional cost to CITY.
(5) After acceptance of final corrections, if any, CONSULTANT
shall provide CITY with one set of accepted reproducible tracings and bid
documents for the Project. In addition, CONSULTANT shall provide CITY with
one complete set of CAD/System disk files of drawings and complete disk files of
specifications in the following format: .dwg and .pdf.
(6) CONSULTANT shall submit a final estimate of construction
cost for review and acceptance by CITY. Such estimate shall be calculated as of
the date all general construction contract documents are delivered to CITY in
final form ready for reproduction and advertising. Such estimate shall include,
but shall separately state, the cost of any add or deduct alternates, any work
which may be let on a segregated basis, and any equipment, or fixtures which
may be incorporated in or excluded from the general construction contract.
(7) In the event that the final estimate of construction cost
exceeds the revised estimate of construction cost previously accepted, excluding
therefrom any add alternate, any work which may be let on a segregated bid
basis and any furnishings, equipment or fixtures which was identified in the final
revised estimate in Part 2 as that which may be excluded from the general
construction contract, CITY shall have the option of accepting or rejecting the
final estimate. If CITY elects to reject the final estimate, CONSULTANT shall at
no additional cost to CITY, make such design changes as may be necessary to
reduce the final estimate so that it shall not exceed the revised estimate of
construction cost previously accepted by CITY.
(8) Services shall be undertaken and completed in a sequence
assuring expeditious completion. All services shall be rendered and deliverables
submitted within 105 (combined deliverable) calendar days from the issuance of a
Notice to Proceed for this Part unless an extension of time is approved in writing
by the Director. Re-submittals, as necessary to obtain the acceptance by CITY,
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shall be submitted to CITY within 14 calendar days from receipt of CITY’S
comments unless an extension of time is approved in writing by the Director.
(d) Part Four. Bidding Phase. After review and acceptance of the
construction document phase and if CITY elects to proceed to bid, which shall constitute
a written Notice to Proceed with this Part Four:
(1) CONSULTANT shall assist CITY in obtaining bids.
CONSULTANT shall not communicate with potential bidders regarding this
Project without the express prior written authorization of CITY’S Purchasing
Manager.
(2) CONSULTANT shall, within 7 calendar days of any request
by CITY, expeditiously draft and promptly provide addendum as determined by
CITY to be reasonable or necessary for the bidding process.
(3) If the lowest responsible bid received for the general
construction contract exceeds by 10% or more the final estimate of construction
cost previously accepted by CITY, excluding therefrom any add alternate, any
work which may be let on a segregated bid basis and any furnishings, equipment
or fixtures which are excluded from the general construction contract,
CONSULTANT shall, within 14 calendar days of any request by CITY, revise the
plans and specifications as may be necessary to stay within 10% of such final
estimate of construction cost, at no additional cost to CITY provided such bid is
received within 180 calendar days after completion of services in Section 1(c) of
this Agreement. CONSULTANT shall also submit such revised plans and
specifications, together with a new final estimate of construction cost, to CITY for
review and acceptance. This procedure, using the latest accepted final estimate
of construction cost, shall, upon written notice to CONSULTANT from the
Director, be repeated until an acceptable bid is received that does not exceed the
accepted final estimate of construction cost by more than 10%.
(e) Part Five. Construction Phase and General Construction Contract
Administration. The construction phase will begin with the award of the general
construction contract, which shall constitute a written Notice to Proceed with this Part
Five, and will terminate when a Notice of Completion is filed. Upon award of a general
construction contract for the Project and under the direction of the Director through
CITY’S designated Construction Manager for the Project:
(1) CONSULTANT shall attend the pre-construction conference and, if called
upon by CITY, act on CITY’S behalf in discussing the various aspects of the
construction phase.
(2) CONSULTANT shall review and recommend in writing to CITY
acceptance or non-acceptance of shop drawings, equipment and material submittals of
the general construction contractor as required by the general construction contract and
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applicable laws and regulations in a timely manner. The period for CONSULTANT
review shall be as specified in the general construction contract, except if such period is
not so specified, the period shall be as determined in the pre-construction conference
as mutually agreed upon by CITY, CONSULTANT and the general construction
contractor.
(3) CONSULTANT shall, at intervals appropriate to the state of construction,
familiarize itself with the progress and quality of the work and determine in general if the
work is proceeding in accordance with the general construction contract documents,
and keep CITY informed of the progress of the work. In the event that CONSULTANT’S
visit to the site results in the discovery of any defect or deficiencies in the work of the
general construction contractor, CONSULTANT shall immediately advise CITY and
document, in writing, the work CONSULTANT deems substandard, and make
recommendations where appropriate to reject any work not conforming to the intended
design or specifications. Based on CONSULTANT’S best knowledge, information and
belief, CONSULTANT shall provide CITY a general written assurance that the work
covered by a payment application meets the standards in the general construction
contract. As to technical aspects, CONSULTANT shall provide a written judgment of
the acceptability of the work for payment applications and final acceptance, subject to
CITY’S right to overrule CONSULTANT.
(4) Upon written request by CITY, CONSULTANT shall render interpretations
of the general construction contract documents necessary for the proper execution or
progress of the work.
(5) Upon written request by CITY, CONSULTANT shall render written
recommendations on change orders, claims, disputes or other questions arising out of
the general construction contract, in a timely manner. Recommendations by
CONSULTANT in favor of a change order that is consequently accepted by CITY shall
constitute approval by CONSULTANT who shall then approve the change order in
writing. CONSULTANT shall not unreasonably withhold written approval in the event
CITY accepts a change order that CONSULTANT recommended to be rejected. In the
event of any technical disputes, CONSULTANT shall provide CITY with
CONSULTANT’S written interpretation of the contract documents. The period for
CONSULTANT review shall be as specified in the general construction contract, except
if such period is not so specified, the period shall be as determined in the pre-
construction conference as mutually agreed upon by CITY, CONSULTANT and the
general construction contractor. If CITY, CONSULTANT and the respective general
construction contractor are unable to mutually agree on such period for CONSULTANT
review, then CITY will make the determination and that determination will be final.
(6) Upon written request by CITY, CONSULTANT shall provide such design
and specification services as may be requested by CITY to implement change orders
necessary for clarification or interpretation of the general construction contract
documents or which may have resulted from errors or omissions by CONSULTANT.
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(7) Where change orders arise as a result of an increase in the scope of work
or are due to unforeseeable conditions, the parties may modify this Agreement, which
modification shall include an agreed upon increase in CONSULTANT’S compensation.
(8) Upon written request of CITY, CONSULTANT shall assist CITY in the
preparation of Progress Payment Estimates and other related construction reports.
(9) CONSULTANT shall provide CITY with two sets of original as-grade plans
wet-stamped and signed by the CONSULTANT’S Engineer of Record for the Project
submitted for final approval by the CITY’s Building and Safety Services Division of the
Development and Resource Management Department
(10) CONSULTANT shall prepare Record Drawings by updating the accepted
general construction documents in Part 3 to reflect all changes or deviations that
occurred during construction as reflected on or from each of the following: (i) the
general construction contractor provided red-lined plans, (ii) those furnished by the
CITY, (iii) CONSULTANT provided Request for Information responses, and (iv) any
CONSULTANT bulletins, amendments or clarifications. CONSULTANT shall provide
CITY with one set of vellum Record Drawings for the Project within (21) calendar days
from receipt of red-lined field markups unless an extension of time is approved in writing
by the Director. Re-submittals, as necessary to obtain the acceptance by CITY, shall be
submitted to CITY within (14) calendar days from receipt of CITY comments unless an
extension of time is approved in writing by the Director. In addition, CONSULTANT
shall provide CITY with one complete set of CAD/System disk files of Record Drawings
in the following format: .dwg and.pdf.
2. CITY’S responsibilities. CITY will:
(a) Select the testing laboratory and pay the cost of borings,
samplings, and other work involved in soils testing during construction.
(b) Conduct onsite inspection during construction to check quality and
quantity of work as conditions warrant and be responsible for assuring that the general
construction contractor carries out all construction work in accordance with the plans
and specifications. However, this does not release CONSULTANT from its
responsibility to make periodic site visits under Section 1(e) for the purpose of observing
the work to determine its general conformity with the plans and specifications and
reporting its findings to CITY.
(c) Prepare all change orders during construction in cooperation with
CONSULTANT.
(d) Prepare all Progress Payment Estimates in cooperation with
CONSULTANT following its general assurance that the work covered by a payment
application meets the standards in the general construction contract documents based
upon CONSULTANT’S best knowledge, information and belief.
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(e) Pay, or cause to be paid, plan check fees, conditional use permit
fees and site plan review fees.
(f) Arrange for and pay, or cause to be paid, any fees associated with
Environmental Impact Reports or Statements.
(g) Give reasonably prompt consideration to all matters submitted by
CONSULTANT for acceptance to the end that there will be no substantial delays in
CONSULTANT’S program of work. For an acceptance, approval, authorization, a
request or any direction to CONSULTANT to be binding upon CITY under the terms of
this Agreement, such acceptance, approval, authorization, request or direction must be
in writing, duly authorized by CITY and signed on behalf of CITY by the Director.
3. Compensation and Cost Reimbursement.
(a) CONSULTANT’S sole compensation for satisfactory performance
of all services required or rendered pursuant to this Agreement shall be a total fee not to
exceed One Million Seven Thousand Nine Hundred Ninety Dollars and Twenty-Four Cents
($1,007,990.24) except at CONSULTANT’S own risk and expense. Such fee includes
all allowable expenses to be incurred by CONSULTANT in performance of this
agreement on a cost reimbursable basis, except for those allowable costs eligible for
reimbursement as set forth in subdivisions (e), (f) and (g) of this Section 3.
(b) CONSULTANT shall render detailed invoices monthly, to be
reibursed in the normal course of CITY business once approved. Such invoices shall
detail all allowable costs incurred and shall be for an amount no greater than that
attributable to the Part upon which CONSULTANT is then engaged, as provided in
Section 3(c) below.
(c) For purposes of determining the division of the total compensation
to CONSULTANT as provided in Section 3(a) above, or should performance of any
succeeding Part not be authorized by CITY as provided in Section 1 of this Agreement,
it is agreed that the total compensation shall be allocated to the five Parts of
CONSULTANT’S performance as follows: Part 1 - 41%, Part 2 - 18%, Part 3 - 22%,
Part 4 - 2% and Part 5 - 17%. Prior to the award of a general construction contract for
the Project, or should such contract not be awarded, the approved Parts as provided
above shall be utilized for purposes of determining the fee due to CONSULTANT.
(d) The parties may modify this Agreement to increase or decrease the
scope of services or provide for the rendition of services not required by this Agreement,
which modification shall include an adjustment to CONSULTANT’S compensation. Any
change in the scope of services must be made by written amendment to the Agreement
signed by an authorized representative for each party. CONSULTANT shall not be
entitled to any additional compensation if services are performed prior to a signed
written amendment. Subsequent to the date of completion of Part Three, changes due
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to Code revisions or enactments adopted after such date shall constitute additional work
subject to this Section 3(d).
(e) CONSULTANT’S indirect rates (costs eligible for reimbursement) are only
allowable to the extent that they comply with the cost principles of the Federal
Acquisition Regulations as set forth in 48 CFR Part 31.2, and are subject to audit. City
will accept the indirect cost rates established by a cognizant Federal or State
government agency in accordance with the FAR for one-year applicable accounting
periods, if those rates are not currently under dispute.
(f) Until final annual indirect cost rates are established for any period,
City shall reimburse CONSULTANT at billing rates established in the CONSULTANT’S
proposal and audited by the CONSULTANT’S CPA Firm, subject to adjustment when
the final rates are established. Final rates may be established by an audit performed by
the federal government or other governmental agency, or if necessary, by an audit
performed by the City or its Agent. These billing rates:
i. Shall be the anticipated final rates; and
ii. May be prospectively or retroactively revised by mutual
agreement, at either party’s request, to prevent substantial
overpayment or underpayment.
(g) At any time or times before final payment, the City may have
CONSULTANT’S invoices or vouchers and statements of cost audited. Any payment
may be reduced by amounts found by City not to constitute allowable costs and/or
adjusted for prior overpayments or underpayments. Upon CONSULTANT’S compliance
with all terms of this Agreement, City shall promptly pay any balance of allowable costs
and that part of the fee (if any) not previously paid.
4. Termination, Remedies, Force Majeure, and Consolidation of Disputes.
(a) This Agreement shall terminate without any liability of CITY to
CONSULTANT upon the earlier of: (i) CONSULTANT’S filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced
by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or
without cause by CITY to CONSULTANT; (iii) CITY’S non-appropriation of funds
sufficient to meet its obligations hereunder during any CITY fiscal year of this
Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any
and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials in the possession of CONSULTANT that are
owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. CONSULTANT shall not be paid for any work or services performed or
costs incurred which reasonably could have been avoided.
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(c) In the event of termination due to failure of CONSULTANT to
satisfactorily perform in accordance with the terms of this Agreement, CITY may
withhold an amount that would otherwise be payable as an offset to, but not in excess
of, CITY’S damages caused by such failure. In no event shall any payment by CITY
pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement
which may then exist on the part of CONSULTANT, nor shall such payment impair or
prejudice any remedy available to CITY with respect to the breach.
(d) Upon any breach of this Agreement by CONSULTANT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable
law; (ii) proceed by appropriate court action to enforce the terms of the Agreement;
and/or (iii) recover all direct, indirect, consequential, economic and incidental damages
for the breach of the Agreement. If it is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) CONSULTANT shall provide CITY with adequate written
assurances of future performance, upon the request of the Director or his/her designee,
in the event CONSULTANT fails to comply with any terms or conditions of this
Agreement.
(f) CONSULTANT shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of CONSULTANT and without
its fault or negligence such as, acts of God or the public enemy, acts of CITY in its
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually
severe weather, and delays of common carriers. CONSULTANT shall notify the
Director or his/her designee in writing as soon as it is reasonably possible after the
commencement of any excusable delay, setting forth the full particulars in connection
therewith, and shall remedy such occurrence with all reasonable dispatch, and shall
promptly give written notice to the Director or his/her designee of the cessation of such
occurrence.
(g) CONSULTANT agrees that, notwithstanding any contrary provision
in this Agreement, any dispute arising from or relating to this Agreement (including,
without limitation, disputes based on contract, tort, equity or statute) may, at CITY’S
option, be joined and consolidated with any other dispute or disputes arising from or
relating to the Project so that all disputes arising from or relating to the Project may be
resolved in a single proceeding. CONSULTANT hereby specifically waives any
objection it may otherwise have to such joinder and consolidation and specifically
consents to mediation, arbitration or any other dispute resolution mechanism, forum or
proceeding necessary to effectuate the joinder and consolidation contemplated by this
provision.
5. Confidential Information, Ownership of Documents and Copyright License.
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(a) Any reports, information, or other data prepared or assembled by
CONSULTANT pursuant to this Agreement shall not be made available to any individual
or organization by CONSULTANT without the prior written approval of CITY. During the
term of this Agreement, and thereafter, CONSULTANT shall not, without the prior
written consent of CITY, disclose to anyone any Confidential Information. The term
Confidential Information for the purposes of this Agreement shall include all proprietary
and confidential information of CITY, including but not limited to business plans,
marketing plans, financial information, designs, drawings, specifications, materials,
compilations, documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium or media.
All Confidential Information shall be and remain confidential and proprietary in CITY.
(b) Any and all original sketches, pencil tracings of working drawings,
plans, computations, specifications, computer disk files, writings, artwork and other
documents prepared or provided by CONSULTANT pursuant to this Agreement (Work),
and all data and copyrights related to such Work, shall be governed by the following
provision for the benefit of the Federal Transit Administration (FTA):
United States Code Title 49: Transportation
Part 18-UNIFORM ADMINISTRATIVE REQUIREMENTS FOR
GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND
LOCAL GOVERNMENTS
Subpart C-Post-Award Requirements
§18.34
The Federal awarding agency reserves a royalty-free, nonexclusive,
and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for Federal Government purposes:
a) The copyright in any work developed under a grant, subgrant,
or contract under a grant or subgrant; and
b) Any rights of copyright to which a grantee, subgrantee or a
contractor purchases ownership with grant support.
(c) CONSULTANT shall not reproduce (such as photographs and prints),
duplicate, distribute reproductions, or incorporate into any trademark or service mark, the
Work without the prior written consent of CITY. Any rights of the CONSULTANT in the
Work terminate upon the death of such CONSULTANT and do not extend to such
CONSULTANT’S heirs, successors or assigns.
(d) Title to the Work shall pass to CITY upon final acceptance of the
artwork by CITY. CITY reserves the right to donate, transfer or sell the Work or any
portion thereof. City shall have the exclusive right to publicly display the Work and shall
have a license to reproduce (such as photographs and prints) or create three-dimensional
reproductions of the Work for any noncommercial purpose (including, but not limited to,
books, slides, postcards, film, Internet sites, reproductions for advertising, and other
media). Such reproductions shall contain a credit to the CONSULTANT and a copyright
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notice. Reproductions for commercial purposes are only to be made with the mutual
written consent of CONSULTANT and CITY. All references and reproductions or
adaptations of the Work will credit the Work to the CONSULTANT unless CONSULTANT
requests to the contrary. CITY reserves the right to modify, remove and/or relocate the
Work at any time, and after consultation with CONSULTANT, shall have the right to
determine when and if modifications, repairs and/or restorations are needed. If City makes
modifications, repairs or restoration not approved by the CONSULTANT, the
CONSULTANT shall have the right to sever its association with the Work. CONSULTANT
agrees to give CITY written notice prior to asserting any claim pertaining to the Work, and
CITY shall have not less than 90 days from the date of receipt of claim to cure any such
claim. CITY may incorporate the Work into any trademark or service mark to be utilized by
City to register the same in accordance with Federal, state or local law.
(e) If CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, CONSULTANT shall cause each
subcontractor to also comply with the requirements of this Section 5. This Section 5
shall survive expiration or termination of this Agreement.
6. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as CONSULTANT represents to CITY that
CONSULTANT and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said profession necessary to perform the
services agreed to be done by it under this Agreement, CITY relies upon the skill of
CONSULTANT and any subcontractors to do and perform such services in a skillful
manner and CONSULTANT agrees to thus perform the services and require the same
of any subcontractors. Therefore, any acceptance of such services by CITY shall not
operate as a release of CONSULTANT or any subcontractors from said professional
standards.
7. Indemnification. Except with regard to professional negligent errors and
omissions, as provided in the paragraph below, to the furthest extent allowed by
law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of
their officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort
or strict liability, including but not limited to personal injury, death at any time
and property damage) incurred by CITY, CONSULTANT or any other person, and
from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly
or indirectly out of performance of this Agreement. CONSULTANT’s obligations
under the preceding sentence shall apply regardless of whether CITY or any of
their officers, officials, employees, agents or volunteers are actively or passively
negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures,
costs or damages caused solely by the active negligence or by the willful
misconduct of CITY or any of their officers, officials, employees, agents or
volunteers.
FAX +100K A&E CONSULT FED 03-12-18 -14-
Specifically regarding professionally negligent errors and omissions
and to the furthest extent allowed by law, CONSULTANT shall indemnify, hold
harmless and defend CITY and each of their officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by CITY,
CONSULTANT or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising
or alleged to have arisen directly or indirectly out of the professional negligent
errors or omissions of CONSULTANT in the performance of this Agreement.
If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of their officers, officials,
employees, agents and volunteers in accordance with the terms of the preceding
paragraphs.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for
and maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as
may be authorized in writing by CITY'S Risk Manager or his/her designee at any time
and in his/her sole discretion. The required policies of insurance as stated in Exhibit B
shall maintain limits of liability of not less than those amounts stated therein. However,
the insurance limits available to CITY, its officers, officials, employees, agents and
volunteers as additional insureds, shall be the greater of the minimum limits specified
therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to CONSULTANT
shall be withheld until notice is received by CITY that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to CITY. Any failure to maintain the required insurance shall be
sufficient cause for CITY to terminate this Agreement. No action taken by CITY
pursuant to this section shall in any way relieve CONSULTANT of its responsibilities
under this Agreement. The phrase “fail to maintain any required insurance” shall
include, without limitation, notification received by CITY that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating that the insurer
is insolvent.
FAX +100K A&E CONSULT FED 03-12-18 -15-
(c) The fact that insurance is obtained by CONSULTANT shall not be
deemed to release or diminish the liability of CONSULTANT, including, without
limitation, liability under the indemnity provisions of this Agreement. The duty to
indemnify CITY shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONSULTANT. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of
CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
(d) If CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, CONSULTANT shall require each
subcontractor/sub-consultant to provide insurance protection, as an additional insured,
to the CITY and each of its officers, officials, employees, agents and volunteers in
accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with CONSULTANT and CITY prior to the
commencement of any services by the subcontractor. CONSULTANT and any
subcontractor/sub-consultant shall establish additional insured status for CITY, its
officers, officials, employees, agents and volunteers by using Insurance Service Office
(ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an
executed manuscript company endorsement providing additional insured status as
broad as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY’S execution of this Agreement, CONSULTANT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the
obligation and duty to immediately notify CITY in writing of any change to the
information provided by CONSULTANT in such statement.
(b) CONSULTANT shall comply, and require its subcontractors to
comply, with all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of
interest laws and regulations including, without limitation, California Government Code
Section 1090 et. seq., the California Political Reform Act (California Government Code
Section 87100 et. seq.), the regulations of the Fair Political Practices Commission
concerning disclosure and disqualification (2 California Code of Regulations Section
18700 et. seq.) and Section 4-112 of the Fresno Municipal Code (Ineligibility to
Compete). At any time, upon written request of CITY, CONSULTANT shall provide a
written opinion of its legal counsel and that of any subcontractor that, after a due diligent
inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with
all laws and regulations. CONSULTANT shall take, and require its subcontractors to
take, reasonable steps to avoid any appearance of a conflict of interest. Upon
FAX +100K A&E CONSULT FED 03-12-18 -16-
discovery of any facts giving rise to the appearance of a conflict of interest,
CONSULTANT shall immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder,
CONSULTANT shall not employ or retain the services of any person while such person
either is employed by CITY or is a member of any CITY council, commission, board,
committee, or similar CITY body. This requirement may be waived in writing by the City
Manager, if no actual or potential conflict is involved.
(d) CONSULTANT represents and warrants that it has not paid or
agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or
procure this Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT’S
subcontractors performing any services on this Project, shall bid for, assist anyone in
the preparation of a bid for, or perform any services pursuant to, any other contract in
connection with this Project. CONSULTANT and any of its subcontractors shall have no
interest, direct or indirect, in any other contract with a third party in connection with this
Project unless such interest is in accordance with all applicable law and fully disclosed
to and approved by the City Manager, in advance and in writing.
(f) If CONSULTANT should subcontract all or any portion of the work
to be performed or services to be provided under this Agreement, CONSULTANT shall
include the provisions of this Section 9 in each subcontract and require its
subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event CONSULTANT maintains an office or
operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, CONSULTANT at its sole cost and expense
shall:
(i) Immediately establish and maintain a viable and ongoing recycling
program, approved by CITY’S Solid Waste Management Division, for each
office and facility. Literature describing CITY recycling programs is
available from CITY’S Solid Waste Management Division and by calling
City of Fresno Recycling Hotline at (559) 621-1111.
(ii) Immediately contact CITY’S Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
FAX +100K A&E CONSULT FED 03-12-18 -17-
(iii) Cooperate with and demonstrate to the satisfaction of CITY’S Solid Waste
Management Division the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms and Federal Requirements.
(a) Except as otherwise provided by law, all notices expressly required
of CITY within the body of this Agreement, and not otherwise specifically provided for,
shall be effective only if signed by the Director or his/her designee.
(b) Records of CONSULTANT’S expenses pertaining to the Project
shall be kept on a generally recognized accounting basis and shall be available to CITY
or its authorized representatives upon request during regular business hours throughout
the life of this Agreement and for a period of three years after final payment or, if longer,
for any period required by law. In addition, all books, documents, papers, and records
of CONSULTANT pertaining to the Project shall be available for the purpose of making
audits, examinations, excerpts, and transcriptions for the same period of time. If any
litigation, claim, negotiations, audit or other action is commenced before the expiration
of said time period, all records shall be retained and made available to CITY until such
action is resolved, or until the end of said time period whichever shall later occur. If
CONSULTANT should subcontract all or any portion of the services to be performed
under this Agreement, CONSULTANT shall cause each subcontractor to also comply
with the requirements of this paragraph. This Section 10(b) shall survive expiration or
termination of this Agreement.
(c) Prior to execution of this Agreement by CITY, CONSULTANT shall
have provided evidence to CITY that CONSULTANT is licensed to perform the services
called for by this Agreement (or that no license is required). If CONSULTANT should
subcontract all or any portion of the work or services to be performed under this
Agreement, CONSULTANT shall require each subcontractor to provide evidence to
CITY that subcontractor is licensed to perform the services called for by this Agreement
(or that no license is required) before beginning work.
(d) CONSULTANT’S services pursuant to this Agreement shall be
provided under the supervision of Patrick McKelvey, and he/she shall not assign
another to supervise CONSULTANT’S performance of this Agreement without the prior
written approval of the Director.
(e) CITY will carry out applicable federal requirements in the
administration of this Agreement. Notwithstanding Section 25 herein, CONSULTANT
agrees to comply with all applicable federal requirements identified in Exhibit D and
require that each subcontract include the same requirements by each of its
subcontractors.
12. Nondiscrimination. To the extent required by controlling federal, state and
local law, CONSULTANT shall not employ discriminatory practices in the provision of
FAX +100K A&E CONSULT FED 03-12-18 -18-
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, CONSULTANT agrees as follows:
(a) CONSULTANT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(b) CONSULTANT will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex,
age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or
veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed,
and the employees are treated during employment, without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, gender
identification, status as a disabled veteran or veteran of the Vietnam era. Such
requirement shall apply to CONSULTANT’S employment practices including, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. CONSULTANT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
(c) CONSULTANT will, in all solicitations or advertisements for
employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all
qualified applicants will receive consideration for employment without regard to race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnam era.
(d) CONSULTANT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
CONSULTANT’S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(e) If CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, CONSULTANT shall cause each
subcontractor to also comply with the requirements of this Section 12.
FAX +100K A&E CONSULT FED 03-12-18 -19-
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT
is acting solely as an independent contractor. Neither CONSULTANT, nor any of its
officers, agents or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of CITY for any purpose. CITY shall have no right to
control or supervise or direct the manner or method by which CONSULTANT shall
perform its work and functions. However, CITY shall retain the right to administer this
Agreement so as to verify that CONSULTANT is performing its obligations in
accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between CONSULTANT and CITY. CONSULTANT shall have no authority to bind
CITY absent CITY’S express written consent. Except to the extent otherwise provided
in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit
thereof.
(c) Because of its status as an independent contractor, CONSULTANT
and its officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. CONSULTANT shall be solely liable
and responsible for all payroll and tax withholding and for providing to, or on behalf of,
its employees all employee benefits including, without limitation, health, welfare and
retirement benefits. In addition, together with its other obligations under this
Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save
CITY harmless from all matters relating to employment and tax withholding for and
payment of CONSULTANT'S employees, including, without limitation, (i) compliance
with Social Security and unemployment insurance withholding, payment of workers’
compensation benefits, and all other laws and regulations governing matters of
employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY
employment benefits, entitlements, programs and/or funds offered employees of CITY
whether arising by reason of any common law, de facto, leased, or co-employee rights
or other theory. It is acknowledged that during the term of this Agreement,
CONSULTANT may be providing services to others unrelated to CITY or to this
Agreement.
14. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as
the parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
FAX +100K A&E CONSULT FED 03-12-18 -20-
15. Binding. Subject to Section 16 below, once this Agreement is signed by
all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees
and representatives.
16. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no
assignment by CONSULTANT of its rights or obligations under this Agreement without
the prior written approval of the City Manager or his/her designee. Any attempted
assignment by CONSULTANT, its successors or assigns, shall be null and void unless
approved in writing by the City Manager or his/her designee.
(b) CONSULTANT hereby agrees not to assign the payment of any
monies due CONSULTANT from CITY under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all
monies due CONSULTANT directly to CONSULTANT.
17. Compliance With Law. In providing the services required under this
Agreement, CONSULTANT shall at all times comply with all applicable laws of the
United States, the State of California and CITY, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory agencies,
now in force and as they may be enacted, issued, or amended during the term of this
Agreement.
18. Waiver. The waiver by either party of a breach by the other of any
provision of this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement. No
provisions of this Agreement may be waived unless in writing and signed by all parties
to this Agreement. Waiver of any one provision herein shall not be deemed to be a
waiver of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California,
excluding, however, any conflict of laws rule which would apply the law of another
jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
20. Headings. The section headings in this Agreement are for convenience
and reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The
invalidity, or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
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22. Interpretation. The parties acknowledge that this Agreement in its final
form is the result of the combined efforts of the parties and that, should any provision of
this Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather by
construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body
of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and conditions
expressed within the Exhibit or Attachment. Furthermore, any terms or conditions
contained within any Exhibit or Attachment hereto which purport to modify the allocation
of risk between the parties, provided for within the body of this Agreement, shall be null
and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
27. No Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or
flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement and any Requests for Qualifications
and/or Requests for Proposals, together with any documents issued therewith
(collectively, “RFQ/P”) by CITY that resulted in selection of CONSULTANT for entry into
this Agreement. This Agreement incorporates by reference such RFQ/P, which
together represent the entire and integrated agreement between the parties with respect
to the subject matter hereof and supersede all prior negotiations, representations or
agreements, either written or oral. This Agreement may be modified only by written
instrument duly authorized and executed by both CITY and CONSULTANT.
[SIGNATURE PAGE TO FOLLOW]
EXHIBIT A
FAX +100K A&E CONSULT FED 03-12-18
Page 1 of 8
Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (“City”)
and Stantect Architecture, Inc. (“Consultant”)
Fresno Area Express Facility Improvement Project
PROJECT TITLE
Consultant shall provide full design services for multiphase facility improvements. Facility
improvements include a vault room, office area, bus wash improvements, electric bus charging
infrastructure, fire alarm upgrades, landscape revisions and an employee/visitor parking
reconfiguration with solar parking canopies. The improvements are focused on support facilities
to meet current and future fleet service demands.
All design elements necessary to achieve full construction documents will be contracted through
this procurement under a single contract. It is the full responsibility of the Consultant to identify
the necessary design disciplines and include appropriate sub-consultants to provide assistance
with the design.
Design Requirements:
It is the intent of this scope of service to describe the minimum design requirements for each
element of the various elements.
Vault Room Addition to Bus Wash Facility
Design and engineer upgrades to the existing bus wash facility. The intent is to
relocate the existing FAX bus fare box vault and currency counting room from the
Administration building to newly constructed building attached to the bus wash facility
similar to Attachment 5. Operationally, the new building will provide additional
security, streamline operations, and increase overall working space of vault
operations for years to come.
Vault room specific scope of work:
o The existing fare box vault room is located in the Administration building.
Design may include refurbishment of the existing room into an office or
storage room.
o New facility shall include separate areas for fare counting, work stations,
single-use restroom, men’s and women’s locker room, secure vault room,
vault puller room, and vacuum equipment room. Fare box vaults shall be
located at each lane of the bus wash. Vaults shall have the capability to
transfer the contents via a mobile bin to the counting room. The vaults shall
be protected by bollards.
o Bus vault receiving and fare collections shall be consistent with similar
operations from other major metropolitan cities (i.e. San Francisco,
Sacramento, Los Angeles, etc.).
o The vacuum equipment room must be acoustically isolated from the work
stations.
o Consultant shall include built-in countertops, workstations, cabinetry, room
signage, lockers, code signage, etc.
o Consultant shall include network infrastructure, associated IT equipment, etc.
IT equipment may be located in the existing electrical room of the bus wash.
EXHIBIT A
FAX +100K A&E CONSULT FED 03-12-18
Page 2 of 8
o The fare collections and money counting area should include consideration for
easily cleanable noise damping finishes.
o Mechanical systems should be highly efficient and capable of removing a high
level of contaminants from the conditioned space.
o Walls exposed to near vehicular traffic shall be protected by curbs and/or
bollards for security.
o All exterior doors shall include controlled access.
o Upgrades shall be designed with consideration of a fully operational bus wash
during construction.
o Consultant shall tie new loads into existing switchboard panel located in the
CNG station. Existing loads may require to be metered by Consultant for a
period of time to determine existing load capacity shared between the FAX
Administration building and Bus Wash.
o Consultant shall include security camera and security infrastructure in the
scope of work.
Bus Wash Upgrades Associated with the Construction of the Vault Room Addition
o Consultant shall review bus wash configuration and include in design services
canopy additions to accommodate parallel 60’ articulating buses in the bus
wash gantry area, fueling station and vault area simultaneously as shown in
Attachment 5. The bus serving the vault room does not require full canopy
coverage. A complete reconfiguration of existing equipment locations may be
necessary, with exception to the CNG dispensers.
o Consultant shall include additional LED lighting and spotlighting as necessary
with canopy additions.
o Consultant to include equipment upgrades for a new traditional vacuum
equipment for bus fleet within bus wash station. The existing system is
obsolete.
o Consultant shall include extension of the CNG gas detection system status
lighting to the entry of the bus wash.
o Consultant shall include the relocation of existing security cameras due to
extension of facility.
o Consultant shall include in the design services a new gantry bus wash system
with reverse osmosis, traffic lights, undercarriage wash, vacuum system,
electric eye activation, auto start, dryer, oil/water separator and water
reclamation. Bus wash gantry shall be able to accommodate 60’ articulating
buses and 12’ or 14’ vehicle heights (to be confirmed by City). The existing
system is obsolete.
o Consultant shall include demolition and disposal of a decommissioned
generator and ATS located in the bus wash electrical room. The ATS will be
required to be bypassed.
o Consultant shall include a new paint scheme for the building.
o Consultant shall include ADA compliance upgrades to the existing restrooms.
o Upgrades shall be designed with consideration of a fully operational bus wash
during construction.
o Consultant shall perform a safety evaluation of the bus wash and work area
and address unsafe elements in the design. Safety evaluation shall be
performed in conjunction with the City’s Risk Management division.
o Consultant shall include the removal of the existing underground diesel
storage tanks, piping and dispensers. Soil testing and environmental lab
analysis of existing conditions shall be included in this scope of work.
EXHIBIT A
FAX +100K A&E CONSULT FED 03-12-18
Page 3 of 8
Consultant shall include work plans and provide observation during
the execution of the scope of work by the Contractor.
o Consultant shall include hazardous material testing in the scope of work.
Abatement requirements shall be provided in the construction documents for
any positive tests.
o Consultant shall include soil testing and engineering analysis (if required) for
vault room and bus wash additions.
o Consultant shall provide an ADA compliant pathway from administration
building to bus wash and vault room.
Employee Parking Reconfiguration
o Consultant shall evaluate and design a complete reconfiguration of the employee
parking lot to maximize stalls, increase circulation efficiency and increase
security by separating visitor access from employee parking areas. The
reconfiguration shall be designed to be implemented in phases (if possible).
o A new secured employee only entrance shall be provided adjacent to the turn
lane on G Street, just north of Divisadero Street. New entrance shall include:
New entry shall be secured by security gates and traffic arms with card
key / remote access. Infrastructure for a future prefabricated guard booth
shall be provided.
Entrance for employee and visitor parking.
Allow for 2-3 car staging.
Allow for 180 degree entry/exit lane prior to gate.
o Complete reconfiguration of the parking lot may include eliminating/relocating
existing trees and relocating utilities. Consultant shall present City with parking
lot configuration options that do and do not include relocating major existing
utilities.
o Consultant may relocate or reduce picnic areas.
o Consultant shall include a subconsultant to engineering and design solar parking
canopies.
o Consultant shall include revised exterior parking lot lighting and provide
infrastructure for security cameras.
o Consultant shall include revised civil design for parking lot design, water flow,
drainage, utilities, landscaping, etc.
o Reconfigure curb, gutter and landscaping as necessary. Utilize existing
conditions and landscaping where appropriate.
o Parking lot shall include a wrought iron fence separating the employee lot from
other secured areas (i.e. bus parking, visitor areas, etc.).
o Reconfigure pedestrian and ADA pathways to FAX Administration building as
required by code.
o The parking lot shall include electric vehicle charging stations.
o An existing electrical pole will need to be relocated to obtain additional parking.
An application has been submitted to PG&E for this work. Consultant shall
employ a subconsultant to manage PG&E application.
o City is seeking a temporary parking lot for City employees during construction.
Consultant may be required to develop a plan with temporary paving on a dirt lot,
etc.
Visitor Parking Reconfiguration
EXHIBIT A
FAX +100K A&E CONSULT FED 03-12-18
Page 4 of 8
o Consultant shall evaluate and design a complete reconfiguration of the visitor
parking area to maximize stalls and increase circulation efficiency.
o Reconfigure curb, gutter and landscaping as necessary. Utilize existing
conditions and landscaping where appropriate.
o Reconfigure pedestrian and ADA pathways to FAX Administration building as
required by code.
o Consultant shall include a subconsultant to engineering and design solar parking
canopies.
Facility Entry Gate Reconfiguration
o Consultant shall design and reconfigure the facility entry gate to allow 60’ buses
to enter and stage at the Divisadero Street and G Street entrance.
o Entrance shall be for buses and fleet management vehicles only. Signage shall
be designed appropriately.
o New gate shall be secured with card key and/or remote and security cameras.
o Include automatic programmable wrought iron security gates with loop detectors
capable of detecting a bus 60’ from gate. Multi-panel or swing gates may be
considered.
o Consultant shall include infrastructure and space planning for a pre-fabricated
guard booth.
o Exit gates are to be reconstructed to match entry gates.
o Consultant shall address drainage at entrance gates to ease stress on gate
motors due to elevation gain during operation.
o Extend wrought iron fencing to revised entry and exit gates. Fencing south of
exit gate to remain.
o Allow for 180 degree entry/exit lane prior to security gate.
o Consultant shall include landscape improvements at the entry gate.
o Entrance gates shall have convenience outlets available for event lighting.
o Reconfigure pedestrian and ADA pathways to FAX Administration building as
required by code.
Electric Bus Charging Infrastructure
o Consultant shall design electrical infrastructure to accommodate a new 3500
AMP service and meter set specifically for electric bus charging. Each charging
station requires approximately 200 AMPs. New electrical service and equipment
will likely be located under bus canopies protected by new bollards.
o Consultant shall evaluate whether FAX’s existing emergency generator (located
in storage) may be utilized to provide backup power for vehicle charging.
Consultant shall design electrical infrastructure and concrete pad for potential
use of existing generator or new generator to be determined by FAX at a later
date.
o New electrical equipment shall include an automatic transfer switch if a generator
is tied in or an available slot for future installation.
o Evaluate location for new switchgear dedicated to electric bus charging.
o Consultant shall employ a subconsultant to manage PG&E application for new
service. The City has submitted an application on December 20, 2017. Buy
America and applicable Federal Requirements shall apply to the utility contracts.
FAX Yard Site Improvements
o Consultant shall include the replacement of all exterior parking lot lighting
throughout the FAX yard with new Title 24 compliant LED fixtures.
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o Consultant shall recommend other energy efficient upgrades.
o The existing bus canopy solar system is tied into a 400 AMP service near the
Compressed Natural Gas (CNG) station. Consultant shall include the transfer of
solar generator to an existing 2000 AMP service powering the CNG equipment.
Consultant shall evaluate current setup and show modifications in plan.
o Consultant shall design structural best management practices (BMP) to trap and
filter oil, grease, suspended solids and conductivity found within the storm water
discharge system originating from the FAX Yard and Municipal Service Center.
Please reference Attachment 9 for further information. Consultant is advised that
additional storm water outlets have been found since Attachment 9 was
published.
Fire Alarm Facility Upgrades
o Consultant shall investigate and analyze existing fire alarm system without the
use of as-built drawings.
o The existing system is tied into the Municipal Service Center’s (MSC) fire alarm
system and does not identify FAX as the location of an alarm. Therefore, the
Fire Department cannot locate the correct building or address in the event of an
emergency.
o Consultant shall design an expansion and upgrade to the existing system.
Provide a digital addressable and expandable fire alarm system, including
new main panels, which are separate from the MSC fire alarm. Each
building within the FAX yard shall be identifiable in the event of an
emergency.
The existing fire alarm sub panel is located in the bus wash electrical
room.
Consultant shall design fire life safety devices to reflect the current
building occupancy and new office space areas.
All existing fire life safety devices shall be modified or replaced to meet
ADA standards.
Modify methane detection system in bus wash due to new bus wash
configuration.
Tie methane detection system into fire alarm panel. Methane detection
system is programmed to call out in the event of an emergency.
Construction Document Phasing:
The City is interested in phasing the design and construction of these design elements.
The construction schedule and phasing is highly dependent upon the expiration of grant
funding March 31, 2019.
The City is looking for recommendations to pre-purchase security related equipment (i.e.
cameras, vaults, lighting, etc.) ahead of grant expirations as owner furnish contractor
installed items.
Tentatively, design services shall be split into five separate plan and specification
submittals (see schedule for deliverable requirements):
1. Facility entry gate
2. Diesel tank removal plans
3. Fire alarm facility upgrades
4. Bus wash, vault room, employee parking lot and visitor parking lot
5. Electrical bus charging and site improvements
Cost Estimating & Engineers Estimate:
EXHIBIT A
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Consultant shall develop and maintain an Engineer’s Estimate of construction cost for
the project at each stage at the plan development. The estimate shall include a full
breakdown of each line item beyond a cost summary. This includes quantities, units,
assumptions and estimated costs for each element.
During each design, Consultant may be asked to provide cost estimates for the
proposed improvements, configurations and/or proposed finishes to assist the City in
decision making.
During the construction phases, the Consultant shall provide independent cost estimates
for all construction changes, including field changes, RFIs and City lead changes.
Consultant shall also review Contractor change order requests and provide comment to
proposed costs (labor, material and equipment) and scope of work via official
correspondence.
Schedule:
The City is proposing an aggressive design schedule. Please reference Attachment 4 for
further details.
General Inclusions:
Those services will include but not necessarily be limited to the following.
1. Consultant shall employ a third party firm that specializes in ground penetrating radar
(GPR) utility locating for all underground utilities in the entire FAX yard and adjoining
utilities on G street immediately at the onset of design. Attachment 6, developed in
2001, shows the general magnitude of utilities that need to be located. Be advised that
additional private utilities have been installed since 2001. All known as-builts shall be
provided to the Consultant prior to GPR services commencing. Consultant shall pot hole
select utilities (up to 20) deemed to be critical to the design by the Consultant.
Consultant shall incorporate data into construction documents and provide all GPR data
in pdf and CAD formats to the City.
2. Consultant shall prepare all environmental evaluation, analysis reports and
determinations/declarations per California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA) for formal adoption by the City. Consultant
assumes that work is categorically exempt and excluded.
3. Consultant shall provide hazardous material testing for all items required for the
Contractor to pull demolition permits.
4. Consultant shall assist the City with developing a Project Specific Plan and a Quality
Management Plan for this project. The plans shall be authored by the City with input,
review and comment by the Consultant.
5. Consultant shall perform all design related survey. City shall provide construction
related survey.
6. The consultant will work directly with key FAX staff, stakeholders and related City
Agencies to draft specifications and plan drawings at each level of design for the
purpose to complete this project.
EXHIBIT A
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7. Consultant shall provide presentation boards, not limited to plan views, elevations,
sections three-dimensional perspective, landscape, hardscape, perspective birds-eye
and eye level rendering of street scenes illustrating proposed designs and pedestrian
flow diagrams for use by the city staff in presenting the overall site improvements to the
respective committees that have jurisdictional authority and/or interest in the project.
8. Consultant shall obtain and analyze title reports for the subject property.
9. Consultant shall solicit and collect feedback from all underground utility providers within
the affected area and include appropriate remediation within the final design documents.
10. City shall provide the Consultant with a construction bid specification template. The
Consultant shall incorporate all appropriate project specific items into the construction
bid specification template. This includes bid items, quantities, explanation of bid items,
technical specifications and similar.
11. Consultant shall include necessary in-person meetings with various City Departments as
required to complete design. At a minimum, the Consultant shall present each design
phase in person.
12. Consultant shall include monthly site visits during construction of any of the proposed
improvements and shall issue reports accordingly.
13. All specifications/plans shall me meet and or exceed City and County of Fresno
Standards and ADA requirements.
14. Draft specifications/plans will be reviewed by FAX staff and the Public Works
Department for the City of Fresno (as needed) as well as other City departments as
determined and as directed by FAX in order to obtain comments to assure that all
components necessary for obtaining the required building permits are included.
Drawings shall be sufficient to allow for fixed price bidding by General Contractors.
15. All work will need to be reviewed, approved and certified by a licensed Engineer in the
state of California prior to submission to the building department.
16. It is the sole responsibility of the Consultant to submit complete construction documents
for plan check. The Consultant shall schedule and attend all back check appointments
necessary to obtain permit approval. Back check appointments are held in person at City
Hall with each plan reviewer (i.e. electrical, architectural, etc.). The building permit and
plan check fees shall be paid by the Transportation Department.
17. The consultant will provide support through the procurement process as required to
achieve the end goal. The details of this process are outlined in Part Four “Bidding
Phase” of the Standard Consultant Services Agreement for Services attached to this
RFQ/P. There may be multiple bid phases as described in the proposed schedule,
Attachment 4.
18. The consultant will provide support through the construction process as required for
completion of the project. The details of this process are outlined in Part Five
“Construction Phase and General Construction Contract Administration,” of the Standard
Consultant Services Agreement for Services attached to this RFQ/P. There may be
multiple construction phases as described in the proposed schedule, Attachment 4.
EXHIBIT A
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19. All submittals, potential change orders and RFIs shall be responded by the Consultant
within a maximum of 5 business days. In circumstances where information will affect
work in progress, Consultant shall make every effort possible to respond sooner.
General Deliverables:
Presentation boards
Appropriate number of full-scale plans required to depict the design intent at each stage
of design.
Environmental reports and analysis
Electronic copies of full-scale plans in PDF and AutoCAD 2013 format
Geotechnical and Soil reports
Hazardous materials report
Cost estimates per the above requirements.
EXHIBIT B
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Exhibit B.1
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
Consultant Service Agreement between City of Fresno (“CITY”)
and Stantec Architecture, Inc. (“CONSULTANT”)
Fresno Area Express Facility Improvements
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01, providing
liability coverage arising out of your business operations. The
Commercial General Liability policy shall be written on an occurrence
form and shall provide coverage for “bodily injury,” “property damage”
and “personal and advertising injury” with coverage for premises and
operations (including the use of owned and non-owned equipment),
products and completed operations, and contractual liability (including,
without limitation, indemnity obligations under the Agreement) with
limits of liability not less than those set forth under “Minimum Limits of
Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence
form and shall provide coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1- Any Auto). If personal
automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional
insureds.
3. Workers’ Compensation insurance as required by the State of
California and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT’S profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain
limits of liability of not less than those set forth below. However, insurance limits
available to CITY, its officers, officials, employees, agents and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or the
full limit of any insurance proceeds available to the named insured:
EXHIBIT B
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Page 2 of 10
1. COMMERCIAL GENERAL LIABILITY:
(i) $2,000,000 per occurrence for bodily injury and property damage;
(ii) $2,000,000 per occurrence for personal and advertising injury;
(iii) $4,000,000 aggregate for products and completed operations;
and,
(iv) $4,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS’ COMPENSATION INSURANCE as required by the
State of California with statutory limits.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $5,000,000 per claim/occurrence; and,
(ii) $10,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form”
and afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self- insured retentions. Any deductibles or self-insured retentions
must be declared to on the Certificate of Insurance, and approved by, the CITY’S Risk
Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her
EXHIBIT B
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Page 3 of 10
designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects CITY, its officers, officials,
employees, agents and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to
CITY’S Risk Manager or his/her designee, guaranteeing payment
of losses and related investigations, claim administration and
defense expenses. At no time shall CITY be responsible for the
payment of any deductibles or self- insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations
by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional
Insured.
3. For any claims relating to this Agreement, CONSULTANT’S insurance
coverage shall be primary insurance with respect to the CITY, its
officers, officials, employees, agents and volunteers. Any insurance or
self-insurance maintained by the CITY, its officers, officials, employees,
agents and volunteers shall be excess of CONSULTANT’S insurance
and shall not contribute with it. CONSULTANT shall establish primary
and non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 04 13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain,
the following provision: CONSULTANT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a
EXHIBIT B
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Page 4 of 10
claims-made form:
1. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by
CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement
work or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five
(5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims- made policy form with a retroactive date prior to the effective
date of the Agreement or the commencement of work by
CONSULTANT, CONSULTANT must purchase “extended reporting”
coverage for a minimum of five (5) years completion of the Agreement
work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except
after thirty (30) calendar days written notice by certified mail, return receipt requested,
has been given to CITY. CONSULTANT is also responsible for providing written
notice to the CITY under the same terms and conditions. Upon issuance by the
insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in
coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and
applicable endorsements for such policy(ies). In the event any policy is due to expire
during the work to be performed for CITY, CONSULTANT shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy not less
than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
The fact that insurance is obtained by CONSULTANT shall not be deemed to release
or diminish the liability of CONSULTANT, including, without limitation, liability under
the indemnity provisions of this Agreement. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by CONSULTANT. Approval or
EXHIBIT B
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Page 5 of 10
purchase of any insurance contracts or policies shall in no way relieve from liability
nor limit the liability of CONSULTANT, its principals, officers, agents, employees,
persons under the supervision of CONSULTANT, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or
indirectly by any of them.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the CITY’S Risk Manager or
his/her designee prior to CITY’S execution of the Agreement and before work
commences. All non-ISO endorsements amending policy coverage shall be executed
by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT
shall immediately furnish City with a complete copy of any insurance policy required
under this Agreement, including all endorsements, with said copy certified by the
underwriter to be a true and correct copy of the original policy. This requirement shall
survive expiration or termination of this Agreement.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to
be performed under this Agreement, CONSULTANT shall require, at the discretion of
the CITY Risk Manager or designee, subcontractor(s) to enter into a separate side
agreement with the City to provide required indemnification and insurance protection.
Any required side agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or
designee. If no side agreement is required, CONSULTANT shall require and verify
that subcontractors maintain insurance meeting all the requirements stated herein
and CONSULTANT shall ensure that CITY, its officers, officials, employees, agents,
and volunteers are additional insureds. The subcontractors' certificates and
endorsements shall be on file with CONSULTANT, and CITY, prior to commencement
of any work by the subcontractor.
EXHIBIT B
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Exhibit B.2
INSURANCE REQUIREMENTS FOR NON-PROFESSIONAL SERVICES
Consultant Service Agreement between City of Fresno (“CITY”)
and [Consultant Name] (“CONSULTANT”)
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full
force and effect all insurance as required herein with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of California
and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized
in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion.
The required policies of insurance as stated herein shall maintain limits of liability of not less
than those amounts stated therein. However, the insurance limits available to CITY, its officers,
officials, employees, agents and volunteers as additional insureds, shall be the greater of the
minimum limits specified therein or the full limit of any insurance proceeds to the named
insured.
(b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of
its subcontractors fail to maintain any required insurance in full force and effect, all services and
work under this Agreement shall be discontinued immediately, and all payments due or that
become due to CONSULTANT shall be withheld until notice is received by CITY that the
required insurance has been restored to full force and effect and that the premiums therefore
have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance
shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY
pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this
Agreement. The phrase “fail to maintain any required insurance” shall include, without
limitation, notification received by CITY that an insurer has commenced proceedings, or has had
proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by CONSULTANT shall not be deemed to
release or diminish the liability of CONSULTANT, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval
or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of CONSULTANT, vendors, suppliers, invitees, contractors, sub-contractors,
subcontractors, or anyone employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on
an occurrence form and shall provide coverage for “bodily injury,” “property
damage” and “personal and advertising injury” with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under “Minimum Limits of Insurance.”
EXHIBIT B
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2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (Code 1- Any
Auto). If personal automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional insureds.
3. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability Insurance.
MINIMUM LIMITS OF INSURANCE
CONSULTANT shall procure and maintain for the duration of the contract, and for 5 years
thereafter, insurance with limits of liability not less than those set forth below. However,
insurance limits available to CITY, its officers, officials, employees, agents and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or the full limit of
any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations;
and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation Insurance as required by the State of
California with statutory limits and EMPLOYER’S LIABILITY with
limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
4. BUILDERS RISK (Course of Construction) insurance in an amount
equal to the completed value of the project with no coinsurance penalty
provisions. (Only required if the project includes new construction of
a building, or renovation of, or addition to, an existing building.)
5. CONSULTANTS’ POLLUTION LEGAL LIABILITY with coverage for
bodily injury, property damage or pollution clean-up costs that could result
from of pollution condition, both sudden and gradual. Including a
discharge of pollutants brought to the work site, a release of pre-existing
pollutants at the site, or other pollution conditions with limits of liability of
not less than the following:
(i) $1,000,000 per occurrence or claim; and,
(ii) $2,000,000 general aggregate per annual policy period.
EXHIBIT B
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(a) In the event this Agreement involves the transportation of
hazardous material, either the Commercial Automobile policy or other
appropriate insurance policy shall be endorsed to include
Transportation Pollution Liability insurance covering materials to be
transported by CONSULTANT pursuant to the Agreement.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the
“Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance
policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY,
its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-
insured retentions. Any self-insured retentions must be declared on the Certificate of Insurance,
and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S
Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects
CITY, its officers, officials, employees, agents and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk
Manager or his/her designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or self-insured
retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice has been given to CITY,
except ten (10) days for nonpayment of premium. CONSULTANT is also
responsible for providing written notice to the CITY under the same terms and
conditions. Upon issuance by the insurer, broker, or agent of a notice of
cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT
shall furnish CITY with a new certificate and applicable endorsements for such
policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, CONSULTANT shall provide a new certificate, and
applicable endorsements, evidencing renewal of such policy not less than fifteen
(15) calendar days prior to the expiration date of the expiring policy.
(ii) The Commercial General, Pollution and Automobile Liability insurance policies
shall be written on an occurrence form.
EXHIBIT B
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(iii) The Commercial General, Pollution and Automobile Liability insurance policies
shall be endorsed to name City, its officers, officials, agents, employees and
volunteers as an additional insured. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations under
both Commercial General and Commercial Pollution Liability policies by use of
ISO Forms or an executed manuscript insurance company endorsement
providing additional insured status. The Commercial General endorsements
must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20
10 & CG 20 37.
(iv) The Commercial General, Pollution and Automobile Liability insurance shall
contain, or be endorsed to contain, that the CONSULTANTS’ insurance shall be
primary to and require no contribution from the City. The Commercial General
and Pollution Liability policies are required to include primary and non
contributory coverage in favor of the City for both the ongoing and completed
operations coverage. These coverages shall contain no special limitations on the
scope of protection afforded to City, its officers, officials, employees, agents and
volunteers. If CONSULTANT maintains higher limits of liability than the
minimums shown above, City requires and shall be entitled to coverage for the
higher limits of liability maintained by CONSULTANT.
(v) Should any of these policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above
stated limits.
(vi) For any claims related to this Agreement, CONSULTANT’S insurance coverage
shall be primary insurance with respect to the CITY, its officers, officials, agents,
employees and volunteers. Any insurance or self-insurance maintained by the
CITY, its officers, officials, agents, employees and volunteers shall be excess of
the CONSULTANT’S insurance and shall not contribute with it.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to
contain, a waiver of subrogation as to CITY, its officers, officials, agents,
employees and volunteers.
(viii) The Builder’s Risk Insurance shall have the policy endorsed to provide the City of
Fresno to be named as a Loss Payee.
(ix) The Commercial General, Pollution and Automobile Liability insurance policies
shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its
officers, officials, agents, employees and volunteers.
PROVIDING OF DOCUMENTS - CONSULTANT shall furnish CITY with all certificate(s) and
applicable endorsements effecting coverage required herein All certificates and applicable
endorsements are to be received and approved by the CITY’S Risk Manager or his/her
designee prior to CITY’S execution of the Agreement and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish
CITY with a complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this Agreement. All
subcontractors working under the direction of CONSULTANT shall also be required to provide
all documents noted herein.
Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
EXHIBIT B
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(i) The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by CONSULTANT.
(ii) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the work or termination of the Agreement,
whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the effective date of the Agreement, or
work commencement date, CONSULTANT must purchase “extended reporting”
period coverage for a minimum of five (5) years after completion of the work or
termination of the Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to CITY for review.
(v) These requirements shall survive expiration or termination of the Agreement.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY
Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the
City to provide required indemnification and insurance protection. Any required Side
Agreement(s) and associated insurance documents for the subcontractor must be reviewed and
preapproved by CITY Risk Manager or designee. If no Side Agreement is required,
CONSULTANT will be solely responsible for ensuring that its subcontractors maintain insurance
coverage at levels no less than those required by applicable law and is customary in the
relevant industry.
EXHIBIT D
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Exhibit D
FEDERAL REQUIREMENTS
Consultant Service Agreement between City of Fresno (“City” or “Purchaser”)
and Stantect Architecture, Inc. (“Contractor”)
Fresno Area Express Facility Improvements
[PROJECT TITLE
During the performance of this Agreement, Contractor, for itself, its assignees and successors in
interest agrees as follows:
This contract is subject to a financial assistance contract between the City of Fresno and the
Federal Transit Administration (FTA), which requires that this contract contain the following
clauses:
No Government Obligation to Third Parties
The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not
a party to this contract and shall not be subject to any obligations or liabilities to the purchaser,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. 3801 et seg . And U.S. Department of Transportation (DOT)
regulations, “Program Fraud Civil Remedies, “49 CFR Part 31, apply to its actions pertaining to
this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be
made, pertaining to the underlying contract or the FTA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification, the Federal Government reserves the right to
impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the
extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the contractor, to
the extent the Federal Government deems appropriate.
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(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the subcontractor who will be subject to the provisions.
Access to Records and Reports
(1) Where the Purchaser is a local government and is the FTA Recipient in accordance with 49
CFR 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the
Comptroller General of the United States or any of their authorized representatives access to
any books, documents, papers and records of the Contractor’s records and construction sites
pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal
financial assistance through the programs described at 49 U.S.C.5307, 5309 or 5311.
(2) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 CFR 633.17, Contractor agrees to provide the Purchaser, the
FTA Administrator or his authorized representatives, including any PMO Contractor, access to
the Contractor’s records and construction sites pertaining to a major capital project, defined at
49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes
contracts of less than the simplified acquisition threshold currently set at $100,000.
(3) Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, an hospital or
other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 CFR 19.48, Contractor agrees to provide the Purchaser, FTA Administrator,
the Comptroller General of the United States or any of their duly authorized representatives with
access to any books, documents, papers and record of the Contractor which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions.
(4) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement
(defined at 49 U.S.C. 5302(a)1) through other competitive bidding, the Contractor shall make
available records related to the contract to the Purchaser, the Secretary of Transportation and
the Comptroller General or any authorized officer or employee of any of them for the purposes
of conducting an audit and inspection.
(5) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(6) The Contractor agrees to maintain all books, records, accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration of
this contract, except in the event of litigation or settlement of claims arising from the
performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representative, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
(7) FTA does not require the inclusion of these requirements in subcontracts.
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Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master
Agreement between PURCHASER and FTA, as they may be amended or promulgated from
time to time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
Termination
Termination for Convenience: The City of Fresno may terminate this contract, in whole or in
part, at any time by written notice to the Contractor. The Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to be paid by contractor. If the
Contractor has any property in its possession belonging to the City of Fresno, the Contractor will
account for the same, and dispose of it in the manner the City of Fresno directs.
Termination for Default: If the contractor does not deliver supplies in accordance with the
contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the
manner called for in the contract or if the Contractor fails to comply with any other provisions of
the contract, the City of Fresno may terminate this contract for default. Termination shall be
effected by serving a notice of termination on the Contractor setting forth the manner in which
the Contractor is in default. The Contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of performance
set forth in the contract.
If it is later determined by the City of Fresno that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of, or are beyond the
control of the Contractor, the City of Fresno, after setting up a new delivery or performance
schedule, may allow the Contractor to continue work, or treat the termination as a termination
for convenience.
Civil Rights
(1) Nondiscrimination – In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. 20000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.
6102, section 202 of the Americans with disabilities Act of 1990, 42 U.S.C. 12132, and Federal
transit law at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age,
or disability. In addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity – The following equal employment opportunity requirements
apply to the underlying contract.
(a) Race, Color, Creed, National Origin, Sex In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulation, “Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq ., (which
implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by
Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment
FAX-S +100K A&E CONSULT FED 03-12-18
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Opportunity,” 42 U.S.C. 2000e), and with any applicable Federal statutes, executive orders,
regulations and Federal policies that may in the future affect construction activities undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation, and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act, “29 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
Disadvantaged Business Enterprise (DBE)
(1) Policy: It is the policy of the Department of Transportation that disadvantaged business
enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in
the performance of contracts financed in whole or part with Federal funds under this agreement.
Consequently, the DBE requirements of 49 CFR Part 26 apply to this agreement.
(2) DBE Obligation: The recipient or its contractor agrees to ensure that disadvantaged
business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part with Federal funds
provided under this agreement. In this regard, all recipients or contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that
disadvantaged business enterprises have the maximum opportunity to compete for and perform
contracts. Recipients and their contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of DOT-assisted contracts.
(3) This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part
26, Participation by Disadvantaged Business Enterprises in Department of Transportation
Financial Assistance Programs. The national goal for participation of Disadvantaged Business
Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 4%. A separate
contract goal has not been established for this procurement.
Veterans Employment
To the extent practicable, CONTRACTOR agrees that it:
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(1) Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have
the skills and abilities required to perform construction work required under a third party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, and
(2) Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee, and b.
CONTRACTOR also assures that its sub-recipients will:
(1) Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have
the skills and abilities required to perform construction work required under a third party
contract in connection with a capital project supported with funds made available or
appropriated for 49 U.S.C. chapter 53, to the extent practicable, and
(2) Will not require an employer to give a preference to any veteran over any equally
qualified applicant who is a member of any racial or ethnic minority, female, an
individual with a disability, or a former employee.
Incorporation of FTA 4220.1F Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The CONTRACTOR shall not perform any act, fail to perform any
act, or refuse to comply with any City of Fresno request, which would cause the City of Fresno
to be in violation of the FTA terms and conditions.
Flow Down – The incorporation of FTA terms has unlimited flow down.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transaction
(1) The prospective lower tier participant certifies, by submission of this bid or proposal, that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency (31 U.S.C. Chapter 61).
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Resolution of Disputes, Breaches, or other Litigation
(1) The validity of this Agreement and of any of its terms and provisions, as well as the rights
and duties of the parties, shall be governed by the laws of the State of California. In the event of
litigation between the two parties, proper venue shall be laid in a court of competent jurisdiction
in the County of Fresno, State of California.
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(2) Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of City’s Maintenance
Manager. This decision shall be final and conclusive unless with ten (10) days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
Maintenance Manager. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the
Maintenance Manager shall be binding upon the contractor and the Contractor shall abide by
the decision.
(3) Pending final resolution of a dispute her under, the Contractor shall proceed diligently with
the performance of this Agreement and in accordance with the City’s decision.
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract,
the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Clean Air
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees
to report each violation to the Purchaser and understands and agrees that the Purchaser will, in
turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
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Clean Water
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that
the Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
Energy Conservation
The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
Flow Down – The Energy Conservation requirements extend to all third party contractors and
their contracts at every tier and subrecipients and their subagreements at every tier.
FTA Protest Notification
Contractor is hereby notified that, if this contract is funded in whole or in part by the Federal
Department of Transportation, the FTA may entertain a protest that alleges that the City failed to
have or follow written protest procedures. Contractor must file a protest with the FTA not later
than five (5) days after the City renders a final decision or five (5) days after the Consultant
knows or has reason to know that the City has failed to render a final decision. Protests to the
FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated). If a
protest has been filed with the FTA, the City will not make an award of contract unless the City
determines that: (1) the items to be procured are urgently required; (2) delivery of performance
will be unduly delayed by failure to make the award promptly; or (3) failure to make prompt
award will otherwise cause undue harm to the City or the Federal Government.
ADA Access
The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that
elderly individuals and individuals with disabilities have the same right as other individuals to
use public transportation services and facilities, and that special efforts shall be made in
planning and designing those services and facilities to implement transportation accessibility
rights for elderly individuals and individuals with disabilities. The Contractor also agrees to
comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the
administration of programs or activities receiving Federal financial assistance; with the
Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities;
with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which
requires that buildings and public accommodations be accessible to individuals with disabilities;
and with other laws and amendments thereto pertaining to access for individuals with disabilities
that may be applicable. In addition, the Contractor agrees to comply with applicable
implementing Federal regulations and any later amendments thereto, and agrees to follow
FAX-S +100K A&E CONSULT FED 03-12-18
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applicable Federal implementing directives, except to the extent FTA approves otherwise in
writing.
THIRD PARTY CONTRACT CAPACITY
Because bids and offers can at times be ambiguous, in its solicitation documents, City reserves
the right to request additional information before making an award. City also reserves the right
to seek clarification from any bidder or offeror about any statement in its bid or proposal that
City finds ambiguous.
EXHIBIT E
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EXHIBIT E
[Project Schedule]
See attached schedule for individual deliverable duration requirements. These durations further
define durations of each of the varioius deliverables for schematic design, design document and
construction document items.
IDTask ModeTask Name Duration Start FinishPredecessors1FRESNO AREA EXPRESS (FAX) FACILITY IMPROVEMENTS608 days?Fri 4/20/18Tue 8/18/202NTP1 day?Fri 4/20/18Fri 4/20/183KICK-OFF MEETING1 day?Mon 4/23/18Mon 4/23/1824AE MOBILIZATION1 wk?Mon 4/23/18Fri 4/27/18256TASK 1 - Facility Assessment / Investigation30 days?Mon 4/30/18Fri 6/8/187Facility Assessment3 wks?Mon 4/30/18Fri 5/18/1848Information Gathering - Existing Report / Studies2 wks?Mon 4/30/18Fri 5/11/1849Prepare Summary Report1 wk?Mon 5/21/18Fri 5/25/187,810FAX Review and Approval2 wks?Mon 5/28/18Fri 6/8/1891112TASK 2 - Programming, Scope Confirmation, Phasing50 days?Mon 4/30/18Fri 7/6/1813Programming2 wks?Mon 4/30/18Fri 5/11/18414FAX Review and Approval2 wks?Mon 5/14/18Fri 5/25/181315Scoping & Phasing Charrette1 wk?Mon 5/28/18Fri 6/1/181416Prepare Summary Report3 wks?Mon 6/4/18Fri 6/22/181517FAX Review and Approval2 wks?Mon 6/25/18Fri 7/6/1816184/204/23MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors19TASK 3 - Environmental / Geotech95 days?Mon 5/7/18Fri 9/14/1820Conduct Studies - Site Survey, Utilities Survey/GPR, Geotechnical6 wks?Mon 5/7/18Fri 6/15/184FS+5 days21Hazmat Analysis6 wks?Mon 7/9/18Fri 8/17/181222CEQA/NEPA6 wks?Mon 7/9/18Fri 8/17/181223Prepare Report2 wks?Mon 8/20/18Fri 8/31/1821,22,2024FAX Review and Approval2 wks?Mon 9/3/18Fri 9/14/18232526TASK 4, 5, 6 (SD, DD, CD) - Early Start175 days?Mon 5/14/18Fri 1/11/1927Facility Entry Gate25 days?Mon 7/9/18Fri 8/10/1828Design and Engineering2 wks?Mon 7/9/18Fri 7/20/181729Cost Estimates1 wk?Mon 7/23/18Fri 7/27/182830FAX Review1 wk?Mon 7/30/18Fri 8/3/182931Updates per FAX Review Comments and FAX Back-check1 wk?Mon 8/6/18Fri 8/10/183032Plan Checks and Approval12 wks?Mon 8/13/18Fri 11/2/183133Diesel Tank Removal55 days?Mon 5/14/18Fri 7/27/1834Design and Engineering4 wks?Mon 5/14/18Fri 6/8/18835Develop Removal Work Plan4 wks?Mon 5/14/18Fri 6/8/18836Cost Estimates2 wks?Mon 6/11/18Fri 6/22/1834,3537FAX Review2 wks?Mon 6/25/18Fri 7/6/1836MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 2Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors38Updates per FAX Review Comments and FAX Back-check2 wks?Mon 7/9/18Fri 7/20/183739Finalize Package for Plan Check1 wk?Mon 7/23/18Fri 7/27/183840Plan Checks and Approval12 wks?Mon 7/30/18Fri 10/19/183941Fire Alarm Facility Upgrades35 days?Mon 5/14/18Fri 6/29/1842Design and Engineering3 wks?Mon 5/14/18Fri 6/1/18843Interim Review by FAX1 wk?Mon 6/4/18Fri 6/8/1842,4444Coordination with Local Fire Dept1 wk?Mon 5/28/18Fri 6/1/1842FS-5 days45Complete Design and Engineering1 wk?Mon 6/4/18Fri 6/8/184446Cost Estimates2 wks?Mon 6/11/18Fri 6/22/184547FAX Review1 wk?Mon 6/11/18Fri 6/15/184548Updates per FAX Review Comments and FAX Back-check1 wk?Mon 6/18/18Fri 6/22/184749Finalize Package for Plan Check1 wk?Mon 6/25/18Fri 6/29/184850Plan Checks and Approval4 wks?Mon 7/2/18Fri 7/27/184951Electrical Bus Charging and Site Improvements75 days?Mon 7/9/18Fri 10/19/1852Design and Engineering4 wks?Mon 7/9/18Fri 8/3/181753Interim Review by FAX1 wk?Mon 8/6/18Fri 8/10/185254Coordination with PG&E1 wk?Mon 8/13/18Fri 8/17/1853MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 3Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors55Complete Design and Engineering2 wks?Mon 8/20/18Fri 8/31/185456Cost Estimates2 wks?Mon 9/3/18Fri 9/14/185557FAX Review2 wks?Mon 9/17/18Fri 9/28/185658Updates per FAX Review Comments and FAX Back-check1 wk?Mon 10/1/18Fri 10/5/185759PG&E Review and Coordination1 wk?Mon 10/8/18Fri 10/12/185860Finalize Package for Plan Check1 wk?Mon 10/15/18Fri 10/19/185961Plan Checks and Approval12 wks?Mon 10/22/18Fri 1/11/196062TASK 4 - Schematic Design50 days?Mon 7/9/18Fri 9/14/1863Design and Engineering6 wks?Mon 7/9/18Fri 8/17/181764Cost Estimates2 wks?Mon 8/20/18Fri 8/31/186365FAX Review and Approval2 wks?Mon 9/3/18Fri 9/14/18646667TASK 5 - Design Development50 days?Mon 9/3/18Fri 11/9/1868Design and Engineering4 wks?Mon 9/3/18Fri 9/28/186469Interim Review 1 wk?Mon 10/1/18Fri 10/5/186870Complete DD Documents2 wks?Mon 10/1/18Fri 10/12/186871Cost Estimates2 wks?Mon 10/15/18Fri 10/26/187072FAX Review and Approval2 wks?Mon 10/29/18Fri 11/9/18717374TASK 6 - Construction Document75 days?Mon 11/12/18Fri 2/22/19MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 4Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors75Develop Construction Document4 wks?Mon 11/12/18Fri 12/7/187276Interim Review2 wks?Mon 12/10/18Fri 12/21/187577Complete CD2 wks?Mon 12/24/18Fri 1/4/197678Cost Estimates2 wks?Mon 1/7/19Fri 1/18/197779FAX Review2 wks?Mon 1/21/19Fri 2/1/197880Updates per FAX Review Comments and FAX Back-check2 wks?Mon 2/4/19Fri 2/15/197981Finalize Package for Plan Check1 wk?Mon 2/18/19Fri 2/22/198082Plan Checks and Approval12 wks?Mon 2/25/19Fri 5/17/19818384TASK 7 - Construction Procurement(thru Contract Award)299 days?Mon 7/30/18Thu 9/19/1985Early Start - Facility Entry Gate89 days?Mon 11/5/18Thu 3/7/1986Solicit5 wks?Mon 11/5/18Fri 12/7/183287Review Bids2 wks?Mon 12/10/18Fri 12/21/188688Council Report3 days?Mon 12/24/18Wed 12/26/188789Council Review/Award4 wks?Thu 12/27/18Wed 1/23/198890Contract Documents/Bonds/Insurances4 wks?Thu 1/24/19Wed 2/20/198991Submittals2 wks?Thu 2/21/19Wed 3/6/199092NTP Construction1 day?Thu 3/7/19Thu 3/7/199193Early Start - Diesel Tank Removal89 days?Mon 10/22/18Thu 2/21/19MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 5Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors94Solicit5 wks?Mon 10/22/18Fri 11/23/184095Review Bids2 wks?Mon 11/26/18Fri 12/7/189496Council Report3 days?Mon 12/10/18Wed 12/12/189597Council Review/Award4 wks?Thu 12/13/18Wed 1/9/199698Contract Documents/Bonds/Insurances4 wks?Thu 1/10/19Wed 2/6/199799Submittals2 wks?Thu 2/7/19Wed 2/20/1998100NTP Construction1 day?Thu 2/21/19Thu 2/21/1999101Early Start - Fire Alarm Facility Upgrades89 days?Mon 7/30/18Thu 11/29/18102Solicit5 wks?Mon 7/30/18Fri 8/31/1850103Review Bids2 wks?Mon 9/3/18Fri 9/14/18102104Council Report3 days?Mon 9/17/18Wed 9/19/18103105Council Review/Award4 wks?Thu 9/20/18Wed 10/17/18104106Contract Documents/Bonds/Insurances4 wks?Thu 10/18/18Wed 11/14/18105107Submittals2 wks?Thu 11/15/18Wed 11/28/18106108NTP Construction1 day?Thu 11/29/18Thu 11/29/18107109Early Start - Electrical Bus Charging and Site Improvements89 days?Mon 1/14/19Thu 5/16/19110Solicit5 wks?Mon 1/14/19Fri 2/15/1961111Review Bids2 wks?Mon 2/18/19Fri 3/1/19110MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 6Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors112Council Report3 days?Mon 3/4/19Wed 3/6/19111113Council Review/Award4 wks?Thu 3/7/19Wed 4/3/19112114Contract Documents/Bonds/Insurances4 wks?Thu 4/4/19Wed 5/1/19113115Submittals2 wks?Thu 5/2/19Wed 5/15/19114116NTP Construction1 day?Thu 5/16/19Thu 5/16/19115117Bus Wash Facility, Vault Room, Parking Lot, Electrical Infrastructure, Entry Gate, Site Improvement89 days?Mon 5/20/19Thu 9/19/19118Solicit5 wks?Mon 5/20/19Fri 6/21/1982119Review Bids2 wks?Mon 6/24/19Fri 7/5/19118120Council Report3 days?Mon 7/8/19Wed 7/10/19119121Council Review/Award4 wks?Thu 7/11/19Wed 8/7/19120122Contract Documents/Bonds/Insurances4 wks?Thu 8/8/19Wed 9/4/19121123Submittals2 wks?Thu 9/5/19Wed 9/18/19122124NTP Construction1 day?Thu 9/19/19Thu 9/19/19123125126PG&E Design, Engineering, Construction & Installation16 mons?Mon 6/4/18Fri 8/23/1915127MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 7Project: 20180313 FAX SchedulDate: Wed 4/4/18
IDTask ModeTask Name Duration Start FinishPredecessors128TASK 8 - Construction Administration448 days?Fri 11/30/18Tue 8/18/20129Early Start - Facility Entry Gate8 wks?Fri 3/8/19Thu 5/2/1985130Early Start - Diesel Tank Removal10 wks?Fri 2/22/19Thu 5/2/1993131Early Start - Fire Alarm Facility Upgrades10 wks?Fri 11/30/18Thu 2/7/19101132Early Start - Electrical Bus Charging and Site Improvements20 wks?Fri 5/17/19Thu 10/3/19109,126FF133Bus Wash Facility, Vault Room, Parking Lot, Electrical Infrastructure, Entry Gate, Site Improvement238 days?Fri 9/20/19Tue 8/18/20117MarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOctQtr 1, 2018Qtr 2, 2018Qtr 3, 2018Qtr 4, 2018Qtr 1, 2019Qtr 2, 2019Qtr 3, 2019Qtr 4, 2019Qtr 1, 2020Qtr 2, 2020Qtr 3, 2020Qtr 4, 2020TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 8Project: 20180313 FAX SchedulDate: Wed 4/4/18
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0479 Agenda Date:4/19/2018 Agenda #:3-E
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:SCOTT MOZIER, PE, Director
Public Works Department
BY:ANDREW J BENELLI, PE, City Engineer/Assistant Director
Public Works Department
SUBJECT
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)
RECOMMENDATION
Staff recommends that the City Council adopt the 59th Amendment to the Annual Appropriation
Resolution (AAR)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.
EXECUTIVE SUMMARY
Staff recommends the City Council appropriate $944,000 in UGM and Development Impact Fees
toward supplemental reimbursements and refunds to eligible developers.Reimbursements will be
made in accordance with the Fresno Municipal Code on first-in,first-out basis to developers who
have completed their required construction of necessary infrastructure in excess of their fee
obligation.Infrastructure types included in this supplemental developer reimbursement are streets
and water main transmission grid.Funds are available in the UGM and Citywide Development
Impact Fee programs for these appropriations.
BACKGROUND
Under the Governmental Accounting Standards Board’s (GASB)Rule 34,any funds that are
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File #:ID18-0479 Agenda Date:4/19/2018 Agenda #:3-E
Under the Governmental Accounting Standards Board’s (GASB)Rule 34,any funds that are
used to construct public infrastructure must be appropriated.UGM and Citywide Development
Impact Fee programs revenue,which are used to reimburse developers who construct capital
improvements on the City’s behalf,are governed by this rule.Development impact fees are
charged to new development in the UGM and Citywide Development Impact Fee service areas
to fund the construction of the public infrastructure necessary to support growth in those areas.
These fees have been deposited in trust accounts and used to either construct improvements
or to reimburse developers that have constructed infrastructure under agreements with the City.
Infrastructure types included in the mid-year supplemental developer reimbursement are
streets,traffic signal,and water main transmission grid.Staff regularly brings forward a mid-
year request for supplemental developer reimbursements to account for revenue in particular
UGM or impact fee funds that were not anticipated in the annual budget or to provide a
reimbursement for a developer in a particular service area where no funds had been
appropriated for developer reimbursement.
Funds are available in the UGM and citywide impact fee program for these appropriations.
Staff recommended adoption of the 59th Amendment to the Annual Appropriation Resolution
No.2017-165 appropriating supplemental funds for eligible impact fee reimbursements in the
UGM and impact fee programs.
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
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.Reimbursements and
appropriations are based on the amount of available monies in the UGM and citywide impact fee
funds.
Attachment:
59th Amendment to the Annual Appropriation Resolution No. 2017-165
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Date Adopted: 1 of 5
Date Approved:
Effective Date:
Resolution No.
RESOLUTION NO. ___________
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 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
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
New Grth. Area St. Impact Fees $ 300,000
UGM Traf Signal/Mitiga Imp Fee 300,000
UGM Trans Grid Serv Area A 5,000
UGM Trans Grid Serv Area B 3,000
UGM Trans Grid Serv Area C 8,000
UGM Trans Grid Serv Area D 6,000
UGM Water Area 401-S 22,000
UGM Water Area 501-S 300,000
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
New Grth. Area St. Impact Fees
Revenues:
Account: 33855 New Growth Area St. Impact Fee $ 300,000
Fund: 24053
Org Unit: 185001
Total Revenues $ 300,000
Appropriations:
Account: 58040 Developer Reimbursements $ 300,000
Fund: 24053
Org Unit: 185001
Project: PW00261
Total Appropriations $ 300,000
2 of 5
Increase/(Decrease)
UGM Traf Signal/Mitiga Imp Fee
Revenues:
Account: 30101 Transfer from Fund Balance $ 284,500
34854 UGM Developer Contributions 15,500
Fund: 31578
Org Unit: 185001
Total Revenues $ 300,000
Appropriations:
Account: 58040 Developer Reimbursements $ 300,000
Fund: 31578
Org Unit: 185001
Project: PW00261
Total Appropriations $ 300,000
UGM Trans Grid Serv Area A
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 5,000
Fund: 40140
Org Unit: 185001
Total Retained Earnings $ 5,000
Appropriations:
Account: 58040 Developer Reimbursements $ 5,000
Fund: 40140
Org Unit: 185001
Project: PW00261
Total Appropriations $ 5,000
UGM Trans Grid Serv Area B
Revenues:
Account: 34854 UGM Developer Contributions $ 3,000
Fund: 40141
Org Unit: 185001
Total Revenues $ 3,000
3 of 5
Increase/(Decrease)
Appropriations:
Account: 58040 Developer Reimbursements $ 3,000
Fund: 40141
Org Unit: 185001
Project: PW00261
Total Appropriations $ 3,000
UGM Trans Grid Serv Area C
Revenues:
Account: 30101 Transfer from Fund Balance $ 8,000
Fund: 40142
Org Unit: 185001
Total Revenues $ 8,000
Appropriations:
Account: 58040 Developer Reimbursements $ 8,000
Fund: 40142
Org Unit: 185001
Project: PW00261
Total Appropriations $ 8,000
UGM Trans Grid Serv Area D
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 6,000
Fund: 40143
Org Unit: 185001
Total Retained Earnings $ 6,000
Appropriations:
Account: 58040 Developer Reimbursements $ 6,000
Fund: 40143
Org Unit: 185001
Project: PW00261
Total Appropriations $ 6,000
4 of 5
Increase/(Decrease)
UGM Water Area 401-S
Revenues:
Account: 30101 Transfer from Fund Balance $ 22,000
Fund: 40173
Org Unit: 185001
Total Revenues $ 22,000
Appropriations:
Account: 58040 Developer Reimbursements $ 22,000
Fund: 40173
Org Unit: 185001
Project: PW00261
Total Appropriations $ 22,000
UGM Water Area 501-S
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 300,000
Fund: 40174
Org Unit: 185001
Total Retained Earnings $ 300,000
Appropriations:
Account: 58040 Developer Reimbursements $ 300,000
Fund: 40174
Org Unit: 185001
Project: PW00261
Total Appropriations $ 300,000
THAT the purpose is to appropriate $944,000 for supplemental refunds and
reimbursements to approved developers in the Urban Growth Management (UGM) and
Development Impact Fee programs.
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CLERK’S CERTIFICATION
STATE OF CALIFORNIA}
COUNTY OF FRESNO } ss.
CITY OF FRESNO }
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting
thereof, held on the Day of , 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 #:ID18-0501 Agenda Date:4/19/2018 Agenda #:4-A
REPORT TO THE CITY COUNCIL
April 19, 2018
FROM:LUIS CHAVEZ, Councilmember
LEE BRAND, Mayor
SUBJECT
***RESOLUTION -Instituting a pilot program to incentivize job creation along the Ventura/Kings
Canyon corridor east of First Street.
RECOMMENDATIONS
It is recommended Council approve a pilot program allowing economic incentives for businesses
meeting certain criteria along Ventura/Kings Canyon east of First Street.
EXECUTIVE SUMMARY
The attached resolution would allow the City Manager to reduce and/or eliminate citywide impact
fees (except water and sewer connection charges),and enter into an agreement for up to ten years
to rebate 50%of the City’s share of local sales and use tax,and 50%of the incremental property tax
attributable to the investment made or caused by the business.Incentives shall not exceed $15,000
per full time equivalent employee,not to exceed a total of $375,000.To qualify for these incentives,
the development must be a commercial or mixed-use development on vacant property along the
Ventura/Kings Canyon corridor,east of First Street;be owner-occupied or subject to a lease of at
least three years;create at least a net five new full-time equivalent jobs;create an increase in
assessed valuation and therefore property tax receipts due to the City;and the business must not be
simply relocating from another location within the City.
BACKGROUND
The incentive program will apply to businesses that meet the following criteria:
·The development is a commercial or mixed-use development on vacant property along the
Ventura/Kings Canyon Corridor,east of First Street.For the purpose of this resolution,“vacant”
shall mean any parcel or storefront,developed or undeveloped,that has been without an
occupant or tenant for a period of one month or more;
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·The development is owner-occupied or subject to lease of three years or more;
·Necessary public infrastructure is already in place;
·The development will create at least a net five new full-time equivalent jobs that are a good
match for the available workforce in the four-county Fresno commute shed;the applicant shall
have a continuing annual obligation to document the jobs created,and the applicant’s records
shall be subject to City audit to verify the necessary information;
·The development will create an increase in assessed valuation,and therefore property tax
receipts due to the City,which combined with potential sales tax revenue and other revenue
streams resulting from the job creation and economic activity of the development,help offset the
reduced fees and other incentives in the long term;
·The business is not simply relocating from another location within the City of Fresno; and
·The business is current on its business license tax.
Incentives available under this pilot program include:
·Reduction or elimination of citywide impact fees (except water and sewer connection fees),
consistent with the goals of the Economic Expansion Act.
·Rebate of 50%of the City’s share of local sales and use taxes as of the date of this Resolution
(but no rebate of any special tax).
·Rebate 50%of the incremental City property tax attributable to the investment made or
caused by the business.
Businesses are eligible for incentives after having sustained new jobs for one year.Terms of the tax
rebates shall be memorialized in a separate agreement between the City and the applicant.Over the
life of the agreement,the total value of incentives shall not exceed $15,000 per full time equivalent
employee,not to exceed $375,000 total.A proportional share of any one-time incentive (such as a
fee waiver)shall be rebated to the City if the applicant does not remain in compliance with the criteria
set forth in the Resolution for ten years.
This pilot program shall expire 18 months from its adoption,unless renewed by Council.The
Administration shall provide Council an annual report detailing the amount and type of development
impact fees reduced or waived, as well as information about jobs created as a result of this program.
ENVIRONMENTAL FINDINGS
By definition provided in the California Environmental Quality Act Guidelines Section 15378 this
resolution 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 resolution does not include a bid or award a
construction or services contract.
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File #:ID18-0501 Agenda Date:4/19/2018 Agenda #:4-A
FISCAL IMPACT
The fiscal impact of the proposed ordinance is not able to be determined as it is dependent on factors
that are unknown at this time,such as the number of businesses that apply for the incentives,the
amount of new sales that those businesses generate,and the increase in assessed value that will
occur as the result of improvements made to the properties.However,it must be pointed out that the
proposed ordinance shares any additional property and sales tax above what is currently being
received by the City.Likewise,any development impact fees rebated through this program will not
be a rebate of monies already received by the City,but will instead be revenue not collected by the
City. Thus, it is anticipated that the fiscal effect of this proposal will be minimal to the General Fund.
Attachment:Resolution
City of Fresno Printed on 3/14/2023Page 3 of 3
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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL INSTITUTING A PILOT
PROGRAM TO INCENTIVIZE JOB CREATION ALONG
THE VENTURA/KINGS CANYON CORRIDOR EAST OF
FIRST STREET.
WHEREAS, the City desires to provide incentives to facilitate job creation in the
City; and
WHEREAS, commercial and mixed-use development creates jobs, increases
property and sales taxes, attracts more business, and creates and enhances vibrant
neighborhoods; and
WHEREAS, the City has recently began Bus Rapid Transit service along the
Ventura/Kings Canyon corridor in southeast Fresno, and the City wishes to incentivize
job creation along the corridor; and
WHEREAS, the City has adopted various development impact fees to mitigate
the impacts of new development and to fund infrastructure to serve new development,
including parks, trails, fire stations, police substations, street improvements, and traffic
signals pursuant to the Mitigation Fee Act (Gov. Code 66000 et seq.); and
WHEREAS, public infrastructure to support mixed use and commercial infill
development currently exists along the Ventura/Kings Canyon corridor, so the need for
additional development impact fees to pay for development impacts in those areas are
reduced or eliminated; and
WHEREAS, the City recognizes the elimination of selected impact fees will
reduce the amount of funds available for use on public facilities for each fee that is
eliminated; and
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WHEREAS, certain public facilities that were planned at the time of adoption of
the current impact fees may need to be reduced or eliminated as unnecessary,
nonessential, or delayed; and
WHEREAS, the City recognizes a fee cannot be increased on future
developments or other developments to make up for fees eliminated for certain
development projects; and
WHEREAS, the City recognizes a portion of the eliminated fees may need to be
offset by either reducing the public infrastructure investments that are the basis for the
current fee schedule and/or identifying other legally available funding sources; and
WHEREAS, the City desires to provide the incentive to new commercial and
mixed use development along the Ventura/Kings Canyon Corridor at the earliest
possible opportunity to incentivize job creation; and
WHEREAS, to further incentivize job creation and new commercial and mixed
use development along the Ventura/Kings Canyon Corridor the City desires to provide
sales, property, and business license tax rebates to eligible businesses which create
jobs along the corridor; and
WHEREAS, the City wishes to test this type of incentive program by
implementing an 18-month pilot program along the Ventura/Kings Canyon Corridor.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. Consistent with the goals of the Economic Expansion Act, the City
Manager shall be authorized and directed to reduce and/or eliminate the amount due for
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citywide Impact Fees of every type, except water connection charges and sewer
connection charges, if the following criteria are met:
a. The development is a commercial or mixed-use development on
vacant property along the Ventura/Kings Canyon Corridor, east of First Street.
For the purpose of this resolution, “vacant” shall mean any parcel or storefront,
developed or undeveloped, that has been without an occupant or tenant for a
period of one month or more;
b. The development is owner-occupied or subject to lease of three
years or more;
c. Necessary public infrastructure is already in place;
d. The development will create and sustain at least a net five new full-
time equivalent jobs that are a good match for the available workforce in the four-
county Fresno commute shed; the applicant shall have a continuing annual
obligation to document the jobs created, and the applicant’s records shall be
subject to City audit to verify the necessary information;
e. The development will create an increase in assessed valuation, and
therefore property tax receipts due to the City, which combined with potential
sales tax revenue and other revenue streams resulting from the job creation and
economic activity of the development, help offset the reduced fees and other
incentives in the long term; and
f. The business is not simply relocating from another location within
the City of Fresno.
g. The business is current on its business license tax.
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2. In addition to the annual report required under the Mitigation Fee Act, the
Administration shall provide Council an annual report detailing the amount and type of
development impact fees reduced for each development project, along with the running
total of reduced fees that may need to be offset by other legally permissible City funding
sources. The annual report shall contain information about jobs created as a result of
the incentives provided herein.
3. The City Manager is further authorized and directed to enter into an
agreement consistent with this resolution to fully rebate the following taxes once actually
paid by or on behalf of a business meeting the criteria set forth in Section 1 above, for a
period of up to 10 years, and upon the execution of an economic incentive agreement
between the business and the City:
a. 50% of the City of Fresno’s share of local sales and use taxes as of
the date of this Resolution, pursuant to California Revenue and Tax Code section
7203.1 (the City shall not rebate a portion of any special tax); and
b. For owner occupied properties, 50% of the incremental City
property tax attributable to investment made or caused by the business.
4. Program applicants shall be eligible for tax rebates after satisfying all
criteria in Section 1 for one full year, and must maintain eligibility over the life of the
economic incentive agreement.
5. The total value of incentives granted to a business under this Resolution
shall not exceed $15,000 per full time equivalent employee, not to exceed $375,000
total.
6. The City Manager’s authorization and direction to reduce and/or eliminate
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selected impact fees and enter into an agreement regarding tax rebates shall apply to
jobs created after the effective date of this resolution. A proportional share of any one-
time incentive granted pursuant to this resolution, such as an impact fee waiver, shall be
rebated to the City if the applicant does not remain in compliance with the criteria set
forth in Section 1 for the full ten years. Incentives granted pursuant to this resolution
shall be to the exclusion of other City incentive programs.
7. This Resolution shall expire 18 months from its adoption, unless renewed
by Council.
*******************************************
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the day of , 2018.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2018
Mayor Approval/No Return: , 2018
Mayor Veto: , 2018
Council Override Vote: , 2018
YVONNE SPENCE, MMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: __
Katie Doerr [Date]
Chief Assistant
KBD:ns [78918ns/kbd]
City of Fresno
Staff Report
2600 Fresno Street
Fresno, CA 93721
www.fresno.gov
File #:ID18-0400 Agenda Date:4/19/2018 Agenda #:5-A
CLOSED SESSION ITEM
April 19, 2018
SUBJECT
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.
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 #:ID18-0514 Agenda Date:4/19/2018 Agenda #:5-B
CLOSED SESSION ITEM
April 19, 2018
SUBJECT
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
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 #:ID18-0517 Agenda Date:4/19/2018 Agenda #:5-C
CLOSED SESSION ITEM
April 19, 2018
SUBJECT
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
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 #:ID18-0443 Agenda Date:4/19/2018 Agenda #:5-D
CLOSED SESSION ITEM
April 19, 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 #:ID18-0444 Agenda Date:4/19/2018 Agenda #:5-E
CLOSED SESSION ITEM
April 19, 2018
SUBJECT
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
City of Fresno Printed on 3/14/2023Page 1 of 1
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